free legal guide 1969

Natural Justice :- Natural Justice-Applicability- It is not possible to lay down rigid rules as to when the principles of natural justice are to apply: nor as to their scope and extent. Everything depends on the subject-matter, the application of principles of natural justice, resting as it does upon statutory implication, must always be in conformity with the scheme of the Act and with the subject-matter of the case. In the application of the concept of fair play there must be real flexibility. There must also have been some real prejudice to the complainant; there is no such thing as a merely technical infringement of natural justice. The requirements of natural justice must depend on the facts and the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject matter to be dealt with, and so forth. The basic requirement is that there must be fair play in action and the decision must be arrived at in a just and objective manner ...

  Scientific and Legal Dimensions of DNA Technology             DNA fingerprinting, profiling, or typing is widely considered the most significant contribution of science and technology in the twentieth century. This breakthrough is anticipated to become the universal identification technique of the twenty-first century. This emerging methodology has completely revolutionized the entire world by distinguishing every individual from another. Consequently, it plays a momentous role in both criminal and civil justice delivery systems today. It serves as an invaluable tool for the accurate identification of ancient or fragmented skeletal remains. Medical professionals also rely heavily on this technology for the detection of early onset diseases. Furthermore, it allows for the proactive mapping and diagnosis of various severe inherited disorders. This high-utility identification power stems directly from the biological blueprint fo...

                 In “ Sharad Birdichand Sarda vs State of Maharashtra” :AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important. 1.      The circumstances from which the conclusion of guilt is to be drawn should be fully established. 2.      The facts so established should be consistent with the hypothesis of guilt. 3.      The circumstances should be of a conclusive nature and tendency. 4.      They should exlcude every possible hypothesis except the one to be proved. 5.      There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that...