It is true that a flea-bite sentence should not be awarded for a serious offence. At the same time, one has to take into consideration diverse factors in awarding a sentence. Not only is the gravity of the crime to be considered, the other factors like the range of sentence imposable and the minimum sentence fixed, if any, are also to be taken into account. The aggravating as well as the mitigating circumstances are to be carefully weighed. For instance, in the present case, the aggravating factors are the seriousness of the crimes and the recovery of relatively sophisticated items like gelatin sticks and detonators. On the other hand, the mitigating factors are the acquittal of the accused under Section 307 of the Penal Code and the non-seizure of any huge cache’ of arms or more sophisticated and lethal weapons like rocket launchers or RDX. Keeping all these factors in mind, an adequate sentence is to be imposed in this case.
Day: March 28, 2021
We, the People, the Dratsang, and the Royal Government of Bhutan, in Order to ‘maintain the quality of an unimpaired flowing of heavenly stream of Justice’ and ensure domestic Tranquility to ourselves and our Posterity, do ordain and establish this Civil and Criminal Procedure Code for the Kingdom of Bhutan.
A Barrister or a lawyer initiates or responds to litigation proceedings(Suit) as appropriate by drafting(pleading) required documents, taking necessary preliminary steps, preparing for and conducting all stages of the proceeding, seeking appropriate remedies, and initiating appellate proceedings(against impugned decision) where appropriate in order to effectively represent the client.
Book 1 General regulationsChapter 1CourtsTitle 1Substantive jurisdiction of the courts; regulations as to valueSection 1Substantive jurisdictionSection 2Significance of the valueSection 3Assessment of the value at the sole discretion of the courtSection 4Computation of the value; ancillary claimsSection 5Plurality of claimsSection 6Possession; freezing of property; security rightSection 7EasementSection 8Lease or tenancy relationshipSection 9Recurrent usufruct or performanceSection 10(repealed)Section 11Binding decision as to […]
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The Basic Law does not recognize any general anti-National Socialist basic principle that would allow a ban on the dissemination of right-wing extremist or even National Socialist ideas with regard to the intellectual impact of their content. Rather, the general requirements for encroaching on freedom of expression apply here.
They must be qualified to hold judicial office under the German Judiciary Act or must be the holder of the Diplomjurist degree awarded before 3 October 1990 in the territory referred to in Article 3 of the Unification Treaty and must be allowed to take up a regulated legal profession in accordance with the provisions of the Unification Treaty. If a lawyer is appointed as Justice of the Federal Constitutional Court, his or her rights arising from admission to practise as a lawyer shall be suspended for the duration of the period of office.
The members of the Court exercise their duties independently and impartially, without bias as to personal, social or political interests or relations. In their entire conduct, they are mindful of ensuring that no doubts arise concerning their neutrality in the exercise of their office with regard to social, political, religious or ideological groups. This does not exclude affiliation with and, subject to due restraint, involvement in such groups as well as participating in the general social discourse.
Any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. The duration of alternative service shall not exceed that of military service. Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience and which shall also provide for the possibility of alternative service not connected with units of the Armed Forces or of the Federal Border Police.
The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the state and shall be subject to the laws of the Länder. Such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities or the professional training of their teaching staff and when segregation of pupils according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured.
RAPE CASE-Modern forensic science shows that the two finger test must not be conducted for establishing rape-sexual violence, and the size of the vaginal introitus has no bearing on a case of sexual violence. The status of hymen is also irrelevant because hymen can be torn due to several reasons such as cycling, riding among other things. An intact hymen does not rule out sexual violence and a torn hymen does not prove previous sexual intercourse. Hymen must therefore be treated like any other part of the genitals while documenting examination findings in cases of sexual violence. Only those findings that are relevant to the episode of sexual assault, i.e., findings such as fresh tears, bleeding, oedema, etc., are to be documented.
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