06/10/2017 – Advocatetanmoy Law Library

Same Judges allowed quashing of FIR in one case and declined in another case while circumstances were the same

1 min read

Criminal

Same Judges allowed quashing of FIR in one case and declined in another case while circumstances were the same

whether the court should accept compromise between the parties and quash the FIR and criminal proceedings where offence under section 307 of IPC is involved. Offences not covered within the four corners of Section 320 of the Code, High...

Despite settlement quashing of FIR when to be declined

2 min read

CIVIL

Despite settlement quashing of FIR when to be declined

Tagline: Even when there is a settlement, the view of the offender and victim will not prevail since it is in the interest of society that the offender should be punished to deter others from committing a similar crime. For that matter...

Power of Court or Tribunal to allow interest if it is not mentioned in a statute

4 min read

CIVIL

Power of Court or Tribunal to allow interest if it is not mentioned in a statute

Power of Court to allow interest Section 1 of the old Interest Act, 1839 read as follows:- “Power of Court to allow interest. It is, therefore, hereby enacted that, upon all debts or sums certain payable at a certain time or...

Premature release of Convicts in Tamil Nadu

2 min read

Premature release of Convicts in Tamil Nadu

Advisory Board to consider premature release of convicts As per rule 335 of the Tamil Nadu Prison Manual Vol II. An Advisory Board for each Central Prison & Special Prison for Women Vellore & Trichy for considering cases for premature release...

Bail Granting Policy

1 min read

Criminal

Bail Granting Policy

PRINCIPLES FOR GRANTING BAIL A balance is required to be maintained between the personal liberty of the accused and the investigation rights of the agency. It must result in minimum interference with the personal liberty of the accused and the right of...

Transparency in Collegium system-03/10/2017

1 min read

Supreme Court

Transparency in Collegium system-03/10/2017

HAT the decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of the Supreme Court, when the recommendation(s) is/are sent to the Government of India, with regard to the cases relating to initial...

Criminal trial dealy

1 min read

Criminal

Criminal trial dealy

DELAY IN CRIMINAL TRIAL Long delays of disposal criminal cases have serious impact both on rule of law and on access to justice which is a fundamental right guaranteed by Article 21 of the Constitution.[IMTIYAZ AHMAD VS STATE OF U.P....

Investigation Officer – Non-examination

5 min read

Criminal

Investigation Officer – Non-examination

The appellant has not been able to shake the credibility of the eye-witness. No material contradiction in the case of the prosecution has been shown. Under facts and circumstances, non-examination of Investigating Officer is of no consequence. Accused failed to show prejudice by such non-examination

3 min read

How proceedings for offence under Section 138 of Negotiable Instrument Act can be regulated where accused is willing to deposit cheque amount

M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VS KANCHAN MEHTA[05-10-2017] held : In JIK Industries Ltd. vs Amarlal Jumani — which required consent of the complainant for compounding Vinay Devanna Nayak v. Ryot Sewa —nature of offence under Section 138 primarily related to a civil...

Rubber Board

3 min read

CIVIL

Rubber Board

Constitution of the Board.— (1) As soon as may be after the commencement of this Act, the Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board to be called the Rubber...

Juridical personality

1 min read

CIVIL

Juridical personality

JURIDICAL PERSONALITY of UN SECTION 1. The United Nations shall possess juridical personality. It shall have the capacity: (a) to contract; (b) to acquire and dispose of immovable and movable property; (c) to institute legal proceedings[ United Nations (Privileges...

Unfair labour practice

4 min read

CIVIL

Unfair labour practice

Ref : Industrial Disputes Act 1947 [See section 2(ra)] UNFAIR LABOUR PRACTICES I.—On the part of employers and trade unions of employers 1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join...

Day: October 6, 2017

Same Judges allowed quashing of FIR in one case and declined in another case while circumstances were the same

Despite settlement quashing of FIR when to be declined

Power of Court or Tribunal to allow interest if it is not mentioned in a statute

Premature release of Convicts in Tamil Nadu

Bail Granting Policy

Transparency in Collegium system-03/10/2017

Criminal trial dealy

Investigation Officer – Non-examination

How proceedings for offence under Section 138 of Negotiable Instrument Act can be regulated where accused is willing to deposit cheque amount

Rubber Board

Juridical personality

Unfair labour practice

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