KNOW YOUR Rights

11/03/2024

Plea of Alibi in Evidence Act
A crime must have been committed that is punishable by law.
The accused must be charged with committing the crime.
The accused must prove that they were not present at the crime scene when the crime was committed.
The accused must demonstrate that they were at a different location which would have made it impossible for them to be present at the crime scene.
The defence of plea of alibi must be raised as early as possible in the legal proceedings.
Who Can Use the Plea of Alibi?
The accused typically takes the plea of alibi in a criminal case. The accused must assert that they were physically present somewhere else at the time of the alleged offence.

When to Raise the Plea of Alibi in Evidence Act?
To be effective, the plea of alibi should be raised as early as possible in the legal proceedings. It is recommended to raise the defence at the initial stages of the case, such as during the framing of charges or at the preliminary hearing.

Failure to Establish the Plea of Alibi
If the accused fails to establish the plea of alibi, it does not automatically imply that they were present at the scene of the crime. The prosecution still needs to provide positive evidence to prove the accused’s presence at the crime scene. Simply failing to establish the plea of alibi cannot be considered evidence of guilt.

Sections of Evidence Act Relevant to Plea of Alibi
The plea of alibi is recognized under Section 11 and Section 103 of the Indian Evidence Act, 1872.The term “alibi” originates from the Latin word meaning “elsewhere” or “somewhere else.” In the Evidence Act, the defence of a plea of alibi is employed by an accused individual to refute their alleged involvement in a crime.

The accused claims that they were present at a different location when the crime was committed, and therefore could not have been present at the crime scene.

25/08/2023

31/05/2023

Justitiaa Law firm,
H.V.S. Apartment, 3B,
Third floor, Queens Road.
Bangalore.

27/04/2023

Can Same-Sex Couples Be Granted Certain Rights Without Legal Recognition As Marriage? Supreme Court Asks Centre

While hearing the marriage equality pleas on Thursday, the Supreme Court orally asked the Union Government if it was willing to grant social welfare benefits to same-sex couples, without

17/07/2022

Criminal Case vs. Civil Case: Distinctions
Here are some of the key differences between a criminal case and a civil case:
Crimes are considered offenses against the state, or society as a whole.
Criminal offenses and civil offenses are generally different in terms of their punishment.
The standard of proof is also very different in a criminal case versus a civil case.
Criminal cases almost always allow for a trial by jury.
A defendant in a criminal case is entitled to an attorney.
The protections afforded to defendants under criminal law are considerable.
Crimes are Offenses Against the State
That means that even though one person might murder a particular person, murder itself is considered an offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.
Differences in Punishment
Civil cases generally only result in monetary damages or orders to do or not do something, known as injunctions. Note that a criminal case may involve both jail time and monetary punishments in the form of fines. In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.
The Standard of Proof
Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe.

06/07/2022

47th GST Council recommends change of rates on goods and services - (29 Jun 2022)
Goods and Services Tax

The 47th GST Council met under the Chairmanship of Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman. The meeting was also attended by Union Minister of State for Finance Shri Pankaj Choudhary besides Finance Ministers of States and UTs and senior officers of the Ministry of Finance & States/ UTs. The rate changes recommended by the 47th GST Council will be made effective from 18th July, 2022.

As per the change in rates, now ink, lights, LED lamps and metal printed circuit board attracts 18% GST from 12%. GST Council clarifies that electric vehicles with or without battery pack attracts 5% GST. On solar water heaters and systems, GST has been increased from 5% to 12%. Petroleum and coal bed methane rates are increased from 5% to 12%. Electric vehicles whether or not fitted with a battery pack, are eligible for the concessional GST rate of 5%. The Council directed that the Group of Ministers on Casino, Race Course and Online Gaming re-examine the issues in its terms of reference based on further inputs from States and submit its report within a short duration.

GST Council proposes that comprehensive changes in FORM GSTR-3B to be placed in public domain. The Council has decided to constitute a Group of Ministers to address various concerns raised by the States in relation to constitution of GST Appellate Tribunal and make recommendations for appropriate amendments in CGST Act. GST Council waives GST registration requirements for small online sellers. GST late fee waived for delay in filing of GSTR-04 and CMP-08. GST Council exempts pandemic period from calculating limitation period for refund claims. GST Council exempts small taxpayers from filing GSTR-9 and 9A. GST Council proposes to amend rules to resolve pending IGST refund issues; E-Wallet Scheme to be removed.

18/05/2022

FACTUAL ISSUES & LEGAL ISSUES
A legal issue is a question of law raised based on the facts of a case.
A factual issue is a question that arises based on the circumstances and actual events that transpired leading to the case.
To identify legal issues, one needs to understand the case. Whether it is a civil case, an alleged crime, a breach of contract breach or violation of personal rights etc.
Thereafter identifying the relevant legislations that could support the case chosen to be represented is an important aspect.
The legal issue will be the question and the arguments will be the answers to that question.
Towards cracking a case Identifying the legal issue is the first step.
Understanding the crux of the case, and identify the relevant laws that form the core of the case is the most important aspect.

For example, the cases may have the constitutional background, matrimonial disputes, domestic violence, personal civil rights cases and cases with criminal backgrounds etc.

27/09/2020

Adverse possession - Means a hostile assertion, i.e. a possession which is expressly or impliedly in denial of the title of the true owner - The person who bases his title on adverse possession must show, by clear and unequivocal evidence, that the possession was hostile to the real owner and it amounted to the denial of his title to the property claimed - In deciding whether the acts alleged by the person constitute adverse possession, regard must be given to the animus of the person doing such acts, which must be ascertained from the facts and circumstances of each case - It is needless to observe that where the possession can be referred to a lawful title, it would not be considered to be adverse, the reason being that the person whose possession can be drawn to a lawful title, will not be permitted to show that his possession was hostile to another’s title - Simply put, one who holds possession on behalf of another, does not by mere denial of the other’s title, make his possession adverse so as to give himself the benefit of the statute of limitation. (2018)2 SCeJ 1420





Adverse possession - Simple possession - Permissive possession - The non-use of the property by the owner even for a long time may affect the title of the owner under certain circumstances - The acquisition of title by adverse possession springs into action essentially by default or inaction of the owner - There is a lot of difference between simple possession and adverse possession - Every possession is not adverse possession - The defendants will not acquire adverse possession by simply remaining in permissive possession for howsoever long it may be – There is no absolute requirement to deem the mere possession of the suit property by the defendants to amount to adverse possession over the suit property - This would be in clear violation of the basic rights of the actual owner of the property. Held, Until the defendants’ possession becomes adverse to that of the real owner, the defendants continue in permissive possession of the property. Only if the defendants’ possession becomes adverse to the interest of the real owner and the real owner fails to file the suit for possession within 12 years, as prescribed under Article 65 of the Limitation Act, from the point of time the possession by the defendants becomes adverse to the plaintiffs, the real owner loses his title over the property - The defendants are not only required to prove that they have been in possession of the suit property continuously and uninterruptedly, but also need to prove, by cogent and convincing evidence, that there is hostile animus and possession adverse to the knowledge of the real owner - Important to assess whether such intention to dispossess is apparent to the actual owner or not - The intention of the adverse user must be communicated atleast impliedly to the actual owner of the property - His hostile attitude should be open to the knowledge of the real owner - It follows that the intention and possession of the adverse possessor must be hostile enough to give rise to a reasonable notice to the actual owner. (2018)2 SCeJ 1420