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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; […]
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Defamation of Deceased – Analysing the sustainability of action from Criminal and Civil Law Perspective (Part I)
This is the first part of a bi-partite article series. Introduction In India, defamation is both a criminal as well as civil wrong. So, the person defamed has been given the liberty to bring either civil or criminal action or both. In civil cases, the person defamed can bring a civil suit for defamation and […]
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‘Decree Holder’ and ‘Holder of Decree’ -Understanding who can get the Decree Executed
Section 2(3)[i] of the Code of Civil Procedure provides that a decree holder is a person in whose favour a decree has been passed or an order capable of execution has been made. So this definition gives us the impression that only the person in whose favour a decree or order has been passed can […]
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The Deportation of Rohingyas to Bhasan Char: A Prospective case of ‘Crimes against Humanity’?
The small state of Bangladesh is overburdened by a migrating population of the Rohingya, thus, since 2020 they have begun sending the Rohingya people to Bhasan Char, an Island close to their coast but considered uninhabitable by experts. Bangladesh intends to shift around 1 lakh of them, though so far, thousands have been shifted. They […]
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