Under Criminal Procedure Code Section -176. Inquiry by Magistrate into cause of death (1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any … Continue reading Inquiry by Magistrate into cause of death
A criminal trial is a judicial examination of the issues in the case and its purpose is to arrive at a judgment on an issue as to a fact or relevant facts which may lead to the discovery of the fact issue and obtain proof of such facts at which the prosecution and the accused … Continue reading Ordinary Provisions for Inquiry and Trials before Criminal Courts in India
As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there … Continue reading Cases where Preliminary Inquiry is required
KEYWORDS:- Judges Inquiry- (2003) 4 SCALE 643 : (2003) 5 SCC 494 : (2003) 1 Suppl. SCR 108 (SUPREME COURT OF INDIA) indira Jaising Appellant Versus Registrar General, Supreme Court of India and Another Respondent (Before : S. Rajendra Babu and G. P. Mathur, JJ.) Writ Petition (Civil) No. 218 of 2003; Decided On: 09-05-2003 Constitution … Continue reading How to remove a Superior Court Judge in India ?
The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002. … Continue reading Constitution of the Kingdom of the Netherlands of August 24, 1815
The Provision is Mandatory. In Natabar Parida v. State of Orissa, AIR 1975 SC 1465, the Court explained the mandatory character of the requirement of the proviso to S. 167(2) that an accused person is entitled to be released on bail if the investigation is not completed within sixty days. The Court said: “But then … Continue reading Under S. 167(2) of Cr.P.C accused person is entitled to be released on bail if investigation is not completed within sixty days.
Basic Law of Governance The Custodian of the Two Holy Mosques, King Fahd Bin Abdulaziz Al-Saud issued a Royal Decree embodying the Basic Law of Governance. The following is the text of the Decree. In the name of God, the most compassionate, the most Merciful. No: A/90 Dated 27th Sha’ban 1412 H (1 March 1992) … Continue reading Basic Law of Governance [ Constitution of the Kingdom of Saudi Arabia]
Law of the Kingdom can safely be divided into two groups. Basic Laws, which has a Constitution like effect or other Laws. In 1992 the Basic Laws were adopted by a Royal Decree. Basic Laws Media, Culture and Publication Laws National Security, Civil Status and Criminal Laws Commerce, Economy and Investment Laws Diplomatic Corps, Protocol, … Continue reading Laws of the Kingdom of Saudi Arabia
LAW LIBRARY Codex is the first part of the Corpus Juris, consisting of twelve books. Consolidated List of subject matters under CODEX IN NOMINE DOMINI NOSTRI IHESU CHRISTI C O D I C I S DOMINI NOSTRI I U S T I N I A N I SACRATISSIMI PRINCIPIS REPETITAE PRAELECTIONIS FIRST BOOK CJ.1.1.0. On the … Continue reading CORPUS JURIS CIVILIS [CODEX]
AIR 1992 SC 1439 : (1992) 2 SCR 999 : (1992) 3 SCC 1 : JT 1992 (3) SC 98 : (1992) 1 SCALE 947 (SUPREME COURT OF INDIA) M/s. Shree Chamundi Mopeds Ltd. Appellant Versus CHURCH of SOUTH India Trust Association, Madras Respondent (Before: N. M. Kasliwal, M. M. Punchhi And S. C. Agrawal, … Continue reading M/s. Shree Chamundi Mopeds Ltd. Appellant Versus CHURCH of SOUTH India Trust Association, Madras [ALL SC 1992 APRIL ]
AIR 2005 SC 2544 : (2005) 3 SCR 1037 : (2005) 10 SCC 760 : JT 2005 (5) SC 202 : (2005) 4 SCALE 633 (SUPREME COURT OF INDIA) CHURCH of NORTH India Appellant Versus Lavajibhai Ratanjibhai and others Respondent (Before : B. P. Singh And S. B. Sinha, JJ.) Civil Appeal No. 9419 of … Continue reading Church of North India Vs Lavajibhai Ratanjibhai and others [ALL SC 2005 MAY]
Section 164 Code of Criminal Procedure speaks about recording of confessions and statements. It reads thus: 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this … Continue reading Law of Confession under Indian Evidence Act
The Constitution of the Islamic Republic of Iran replaced the monarchical constitution of 1906 Contents PREAMBLE Introduction to the Constitution The Dawn of the Movement Islamic Government The Wrath of the People The Price the Nation Paid The Form of Government in Islam The Economy is a Means, Not an End Woman in the Constitution … Continue reading The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī
AIR 1973 SC 947 : (1973) 2 SCR 541 : (1973) 1 SCC 20 : (1973) CriLJ SC 370 (SUPREME COURT OF INDIA) Jagmohan Singh Appellant Versus State of U.P. Respondent (Before : S. M. Sikri, C.J.I., A. N. Ray, I. D. Dua, D. G. Palekar And M. H. Beg, JJ.) Criminal Appeal No. 173 … Continue reading Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.
After referring to several decisions, the Supreme Court held that the limitation prescribed under Section 468 of the Code should be related to the filing of complaint and not to the date of cognizance by the Magistrate or issuance of process by the Court. In Basavantappa Basappa Bannihalli and Anr. v. Shankarappa Marigallappa Bannihalli, 1990 … Continue reading The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate
KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]
Read the Text in Sanskrit CHAPTER I. 1. The great sages[ Maharshi] approached Manu, who was seated with a meditative mind, and, having duly worshipped him, spoke as follows: 2. ‘O, divine one, to declare to us precisely and in due order the sacred Laws[Dharma] of each of the (four chief) Varnas and of the … Continue reading Manusmriti, The Laws of Manu [English]
Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 Abolition of Privy Council Jurisdiction Act, 1949 Abducted Persons (Recovery and Restoration) Act, 1949 Absorbed Areas (Laws) Act, 1954 Academy of Scientific and Innovative Research Act, 2011 Acquired Territories (Merger) Act, 1960 Acquisition of Certain Area at Ayodhya Act, 1993 Acting Judges … Continue reading List of Central Acts [India]
KEYWORDS:- Double Jeopardy- It is a well-established principle of English law that, except where it is otherwise provided by a statute, all public officers and servants of the Crown hold their appointments at the pleasure of the Crown. Their services can be terminated without assigning any reason and even if any public servant considers that he … Continue reading S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]
As at 1 November 2010 Contents FEDERAL CONSTITUTION 1.1PART I THE STATES, RELIGION AND LAW OF THE FEDERATION 1.1.1Article 1: Name, States and territories of the Federation 1.1.2Article 2: Admission of new territories into the Federation 1.1.3Article 3: Religion of the Federation 1.1.4Article 4: Supreme law of the Federation 1.2PART II FUNDAMENTAL LIBERTIES 1.2.1Article 5: … Continue reading Constitution of Malaysia
KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]
Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13 December, 2012 2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal : Question No.1 … Continue reading Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?
CONNECTED PROVISIONS UNDER CODE OF CIVIL PROCEDURE 2(2) “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall … Continue reading Execution of Decree Passed by Civil Court in a Civil Suit
West Bengal Land Reform Act 1955 Operation Barga was launched by Left Front Government in West Bengal in 1978 and concluded by the mid-1980s. Bargadar Means:- S 2(2) “bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of … Continue reading Bargadar, Law Relating To under West Bengal Land Reform Act 1955
KEYWORDS : Fundamental right of company-eminent domain- HELD : No one except those whose rights are directly affected by a law can raise the question of the constitutionality of that law. The company and the shareholders are in law separate entities, and if the allegation is made that any property belonging to the company has … Continue reading Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [ SC 1950 December]