Legal Angle

Legal Angle - September 2020 - Issue 03

Legal Angle - September 2020 - Issue 03

DOCTRINE OF RESTITUTION Restitution is a concept in the Indian Criminal Justice System. It has an established position in law and justice. The historical development of the restitution can be traced back from the middle ages and Germanic Common Laws. Any civilized system provides remedies for unjust enrichment or unjust benefit, in such case restitution becomes the remedy which means restore the things to the proper owner. The doctrine of restitution has its applicability in criminal law, maritime law and law of torts or civil law.

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Legal Angle - September 2020 - Issue 02

Legal Angle - September 2020 - Issue 02

The concept of doctrine of part performance has taken from England the English law and is applicable to Indian Cases. The doctrine of part performance is inserted by the Transfer of Property (Amendment) Act, 1929 and is based on the equitable doctrine of part performance in English law which is known as equity of part performance. After the Mohammed Musa V. Aghore Kumar Ganguli (1914) 42 Cal. 801, the privy council held that equity of part performance could be applied to Indian cases. Before 1929, the English part performance was neither certain nor uniform and in other cases it was not applied.

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Legal Angle - September 2020 - Issue 01

Legal Angle - September 2020 - Issue 01

The doctrine of stare decisis has its root from the 18th century in England common law. In India, the doctrine came into existence during the British Rule. The British Rule establishes the Sardar Diwani Adalats and the Supreme Court at Bombay, Culcutta and Madras.

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Legal Angle - August 2020 - Issue 04

Legal Angle - August 2020 - Issue 04

The doctrine of double jeopardy has been traced back to Roman Law in the principle bis in indem which states an issue once decided must not be raised again. The American Constitution incorporated the doctrine of double jeopardy in the Fifth amendment. The Constitution of India provides protection against the double jeopardy under Art.20(2). The autrefois convict or double jeopardy has been enshrined as the fundamental right in the Indian Constitution. It has its roots in the well-established maxim of the English Common law, Nemo debit bis vexari which means the man must not be punished twice for the same offence.

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