Divya Aswani

Author Archives: Divya Aswani

Principle of Absolute Liability: Evolution & LG Polymers Vizag

Principle of Absolute Liability: Evolution & LG Polymers Vizag | Overview Introduction Polluter Pays Principle: Evolution Strict Liability: Evolution Absolute Liability: Evolution Absolute Liability v. Strict Liability Conclusion The recent introduction of the Principle of Absolute Liability has been greatly responsible for dispensing justice to various facets of our ambient structure including the environment. Lethal gas leaks have……...

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Electronic Evidence – Relevancy and Admissibility

This article titled ‘Electronic Evidence– Relevancy and Admissibility’ is written by Divya Aswani and discusses the relevance and admissibility of electronic evidence. I. Introduction With the advent of the 21st century, the technological revolution enthralled the entire world including India; computers were available to individuals at the swipe of a finger. With the enactment of the Information Technology (IT)Act, cyberspace……...

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Right to Privacy: Evolution

Right to Privacy: Evolution | Overview Introduction Right to Privacy and the Apex Court Right to Privacy as a Fundamental Right Conclusion The debate on the “Right to Privacy” is old as mankind. It evolved from being the protection of one’s home and body to one’s personal information. It, in recent times, has become a quintessential issue. It is……...

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Unveiling Constitutional Morality in India

Overview: Unveiling Constitutional Morality in India Introduction What constitutes Constitutional Morality and what are its sources? Supreme Court and Constitutional Morality Conclusion Constitutional Morality refers to a moral obligation of an individual to uphold the constitutional values with utmost dignity without any compromise and be faithful towards it. It means adherence of the core principles of the constitution……...

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Legitimacy under Section 112 of The Indian Evidence Act, 1872

This article titled ‘Legitimacy under Section 112 of The Indian Evidence Act, 1872’ is written by Divya Aswani and discusses the concept of legitimacy under the Indian Evidence Act. Section 112 of the Evidence Act provides for the legal presumption as to the legitimacy of the child born during the subsistence of a valid marriage or within a certain……...

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Doctrine of Fruits of Poisonous Tree

This article titled ‘Doctrine of Fruits of Poisonous Tree’ is written by Divya Aswani and discusses the concept of evidence gathered by illegal means. I. Introduction The doctrine of “Fruits of a Poisonous Tree” is an extension of the exclusionary rule of evidence. The doctrine implies that any evidence that is obtained from an illegal arrest, seizure or search……...

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Extra-Judicial Confessions: Admissibility, Relevance and Sufficiency

This article on ‘Extra-Judicial Confessions: Admissibility, Relevance and Sufficiency’ is written by Divya Aswani and discusses the concept of extra-judicial confessions. I. Introduction The admissibility, relevance and sufficiency of corroboration of an extra-judicial confession and discovery of facts through a discovery statement are provided for under sections 24 and 27 of the Indian Evidence Act. Section 24 of……...

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