Month: January 2023
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Dishonour of a cheque issued to satisfy time-barred debt – Whether attracts criminal liability
Introduction Today, courts are flooded with Cheque Dishonour cases to such an extent that in every metropolitan area and in big districts there are Special Courts of Judicial or Metropolitan magistrates to deal exclusively with these cases. Negotiable Instruments Act (NI Act) provides for the offence of cheque dishonour. Section 138, N.I. Act[i] provides for…
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Cardozo’s Legal Philosophy: An Analysis
Introduction This paper examines Benjamin Cardozo’s philosophy of law, specifically his ideas about the nature of judicial decision-making. The paper responds to Cardozo’s work i.e. “The nature of judicial process” specifically Lecture-I(Methodology of Philosophy) of the book. In the first section, the paper presents a brief account of Cardozo’s theory on the process that judges…
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Defamation of Deceased – Analysing the sustainability of action from Criminal and Civil Law Perspective (Part II)
This is the second part of the bi-partite article series. The first part can be found here. This part focuses on the situation when the plaintiff dies in a civil action for defamation. It also provides for the remedies that are available to the Legal Representatives of the Deceased Plaintiff. Civil Suit for Defamation-Plaintiff died;…