Bandana Saikia

Bandana Saikia

The doctrine of Pith and Substance- Simplified

The doctrine of Pith and Substance- Simplified

The doctrine of pith and substance is one of the five doctrines of constitutional interpretation evolved in the light of understanding and interpreting the federal distribution of powers in India. The doctrine of pith and substance is a doctrine, which tries to resolve the issue wherein a legislature, while legislating

What is Res Gestae? - Simplified!

What is Res Gestae? - Simplified!

Res gestae literally means ‘things done’ or liberally speaking, the facts of the transaction, explanatory of an act or showing a motive for acting. Res gestae may be defined as “matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected with

What are Privileged Communication under Indian Evidence Act?

What are Privileged Communication under Indian Evidence Act?

There are certain matters which a witness cannot either be compelled to disclose or even if the witness is willing to disclose, he will not be permitted to do so. Such matters are known as ‘privileged communications. The production of certain communications and documents is either privileged from disclosure or

Can an accused person be convicted on the basis of an uncorroborated dying declaration alone? - Your simplified answer!

Can an accused person be convicted on the basis of an uncorroborated dying declaration alone? - Your simplified answer!

Dying declaration is the statement of a declarant before his or her death about the cause of their death which might be used to implicate a guilty party. It derives its origin to the legal maxim “nemo moriturus praesumitir mentire” which means that “man would not meet his creator with

What is Test Identification Parade? - Simplified!

What is Test Identification Parade? - Simplified!

TIP Identification’ is the proof in a legal proceeding that a person, document, or other thing is that which is alleged to be. Identification is the evidence of identity. Phipson states that “it is often important to establish the identity of a person who a witness testifies that he saw

The Doctrine of Estoppel under Indian Evidence Law

The Doctrine of Estoppel under Indian Evidence Law

The principle of estoppel implies that a man shall not say one thing at one time and later say a different thing. Estoppel is based on the principle of equity. When one person has induced another person by his act, omission or declaration to believe something to be true and

Preventive Detention - An overview

Preventive Detention - An overview

Preventive detention is physical detention of a person which is of preventive nature i.e., with a view to prevent him from doing an act which is undesirable and poses a threat. Threats posed may be to the defense and foreign affairs, security of India or security of State, Public