Legalfundaa

Negotiation Meaning You: "How much those tomatoes costs"? Vegetable Vendor: 30 Rs/Kg You: "ohh this expensive, someday you will have to sell kidney to buy tomatoes, can you give for 20 Rs/kg"? Vegetable Vendor: "I bought it for 20 Rs/Kg. How about 25Rs/kg" You: Ok Fine! This is negotiation in short. This is most basic means of settling our differences. In case of disputes also, you can resolve the differences by negotiating with other party. In this process disputes are settled by mutual consent. Process In negotiation, party may directly negotiate with other party or it may hire an attorney. There is not particular process is to be followed in negotiation. Place of negotiation could be anything, it could be board room of big company, or coffee center or even a theatre. In this process parties can participate directly. The process of negotiation is back and forth. First party can put forward their issues and poin...

Introduction We all know meaning of confession. That might be the reason that Evidence Act don’t define confession anywhere. Who can make confession? Is every confession admissible? What if somebody force you to confess? All these questions are answered from section 24 to section 30 in Indian Evidence Act. “It can be defined as an admission made at any time by a person charged with crime suggesting the inference that he committed a crime.” This is not general definition but VIP definition given by Stephen in his “Digest of Law of Evidence”. Confession indicates that person who is making the admission have committed the crime. Confession must either admit in terms of the offence or at any rate substantially all the facts which constitute the offence. It mean facts must be related to offence only. The confession must be accepted in totality or rejected as whole and the court is not competent to accept only inculpatery and reject ex-culpatery. ( Bal...

Witnesses Introduction Chapter 9 from section 118 to 134 deals with witnesses. Before getting into details of sections there are two ideas which need clarification. First, Competency of witness which means when there is nothing in law to prevent him from appearing in court and giving evidences. His capability to understand the questions asked to him and to give rational answers to such question. Second is the concept of compellability. Can witness be forced to give evidence about some thing? Some people like magistrates, lawyers, spouses etc have right to be protected from answering some question. Now let’s proceed with section wise details of this chapter. Section 118-Who may testify This section provides the answer who can testify, give evidence in court of law. Section states that all persons are competent to testify, meaning everybody can testify and give evidence from witness box. However there is proviso, which says that court might pr...