Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the … Continue reading Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

It was pointed out that during investigation, even the Magistrate cannot direct the accused to give his specimen signature on the asking of the police and only in the amendment of the Code of Criminal Procedure in 2005, power has been given to the Magistrate to direct any person including the accused to give his … Continue reading Whether the Police have the power under the Code of Criminal Procedure to take specimen signature and writing of the accused for examination by the expert.

What are the Principles to be followed under Section 164 Code of Criminal Procedure.

The following principles emerge with regard to Section 164 Code of Criminal Procedure.: (i) The provisions of Section 164 Code of Criminal Procedure must be complied with not only in form, but in essence. (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody … Continue reading What are the Principles to be followed under Section 164 Code of Criminal Procedure.

A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Forcible dispossession:  Even a trespasser cannot be evicted forcibly. Thus, a person in illegal occupation of the land has to be evicted following the procedure prescribed under the law. (Vide Midnapur Zamindary Co. Ltd. v. Naresh Narayan Roy AIR 1924 PC 124; Lallu Yeshwant Singh v. Rao Jagdish Singh and Ors. AIR 1968 SC 620; … Continue reading A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Descriptive questions on Criminal Procedure Code [ Beginner level]

What is the relevance of schedule I of the Criminal Procedure Code. Discuss its relevance to the IPC and bailable/ non-bailable and Cognizable/ non cognizable offences. Certain function of the Executive Magistrate can be assigned to the Commissioner of Police. How? Would you consider recommending Transfer of such functions to the police from Executive Magistrate? … Continue reading Descriptive questions on Criminal Procedure Code [ Beginner level]

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior … Continue reading Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Index to the code of Civil procedure 1908

Abatement Abatement About Parties About Pleader Act Of Court Additional Evidence Adjournments Adjustments Admission Affidavit Aliens Amendment Amendment Of The Record Appeal Appeal From Orders Appeal Second Appeallable Orders Appeals By Indigent Person Appeals From Appellate Decree Appeals To Supreme Courts Appearance Appellate Court Application Application For Execution Application Of The Code Of Civil Procedure … Continue reading Index to the code of Civil procedure 1908

Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

(SUPREME COURT OF INDIA) in Leela Hotels Ltd. Versus Housing and Urban Development Corporation Ltd. (2011) 12 SCALE 573 18. It was next submitted by the learned ASG that analogy of a post-decretal payment cannot be applied to an Arbitration Award under the 1996 Act for the simple reason that the Arbitration Award under the 1996 Act does not … Continue reading Whether the Award of the Arbitrator tantamounts to a Decree or not, Yes, an Award has to be enforced under the Code of Civil Procedure in the same manner as it were a Decree of the Court.

The power given by S. 115 of the Code of civil procedure is clearly limited to the keeping of the Subordinate Courts within the bounds of their jurisdiction.

SUPREME COURT OF INDIA in Major S. S. Khanna Versus Brig. F. J. Dillon[AIR 1964 SC 497 : (1964) 4 SCR 409] held 28. Section 115 of the Code of Civil Procedure reads as follows: “The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court … Continue reading The power given by S. 115 of the Code of civil procedure is clearly limited to the keeping of the Subordinate Courts within the bounds of their jurisdiction.

A decree of eviction passed by the Civil Judge having jurisdiction, in a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy act  is appealable under Section 96 of the A Civil Procedure Code 

Calcutta High Court In  Tapas Biswas Vs. Shyama Prosad Ghosal  (2008)4CALLT455(HC)] (A) whether any appeal lies against an order of eviction of a tenant passed under Section 6 of the West Bengal Premises Tenancy Act, 1997 or not and in the event the answer is in the affirmative, then what will be the forum for such appeal? If … Continue reading A decree of eviction passed by the Civil Judge having jurisdiction, in a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy act  is appealable under Section 96 of the A Civil Procedure Code 

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [3RD SET ]

A 1. Point out incorrect response under Cr. P.C.– (a) Inquiry is conducted by the Court (b) Inquiry is conducted after framing of charge (c) Inquiry is conducted prior of framing of charge (d) Inquiry is conducted by the Magistrate (Ans : b) 2. In a cognizable offence a police officer (a) Cannot arrest an … Continue reading OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [3RD SET ]

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [2ND SET ]

1. As per the Explanation to Section 2(d) of the Cr.PC, a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a ________ . Answer: Complaint. 2. __________ includes all the proceedings under the Cr.PC for the collection of evidence … Continue reading OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [2ND SET ]

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [1ST SET ]

THE CODE OF CRIMINAL PROCEDURE, 1973 1. Section 2 in Cr.P.C. defining “victim” as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes (a) victim’s guardian (b) victim’s guardian or legal heir (c) victim’s neighbour (d) victim’s close … Continue reading OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [1ST SET ]

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CIVIL PROCEDURE, 1908 [2nd SET]

Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff (c) both plaintiff and defendant (d) only to movable property. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (c) is not … Continue reading OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CIVIL PROCEDURE, 1908 [2nd SET]

Objective sample questions on The Code of Civil Procedure, 1908 [1st Set]

Unsolved Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff (c) both plaintiff and defendant (d) only to movable property. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (c) is … Continue reading Objective sample questions on The Code of Civil Procedure, 1908 [1st Set]

Affidavit Practice in Pleading and Procedure

Affidavit in Civil Pleading Affidavit and Civil Procedure Code Affidavit for Additional Issues Adjournments Affidavit of Signature Affidavits and Criminal Proceedings Affidavits and Indian Stamp Act Affidavits and Information Technology Act, Affidavits and Legal Services Authorities Act, Affidavits and Notaries Act Affidavits and the Competition Act, Affidavits and the Control of National Highway (Land and … Continue reading Affidavit Practice in Pleading and Procedure

Criminal Procedure Law of the People’s Republic of China

中华人民共和国刑事诉讼法 (Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, and amended for the first time in according with the Decision on Amending the Criminal Procedure Law of the People’s Republic of China adopted at the Fourth Session of the Eighth National People’s Congress on March 17, 1996, and … Continue reading Criminal Procedure Law of the People’s Republic of China

Special Court and Procedure under POCSO Act 2012

The Protection of Children from Sexual Offences Act, 2012 [POCSO] CHAPTER VII  SPECIAL COURTS 28. Designation of Special Courts : (1) For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session … Continue reading Special Court and Procedure under POCSO Act 2012

Section 315 of the Code of Criminal Procedure makes an accused a competent witness in his defence.

Section 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that- (a) … Continue reading Section 315 of the Code of Criminal Procedure makes an accused a competent witness in his defence.

whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

In AG Vs. Shiv Kumar Yadav & ANR.[Criminal Appeal Nos.1187-1188 of 2015 arising out of SLP (CRL) Nos.1899-1900 of 2015] Following observations have been made by the Supreme court : fairness of trial has to be seen not only from the point of view of the accused, but also from the point of view of the … Continue reading whether recall of witnesses, at the stage when statement of accused under Section 313 of the Code of Criminal Procedure (“Cr.P.C.”) has been recorded, could be allowed on the plea that the defence counsel was not competent and had not effectively cross-examined the witnesses.

Procedure for Applying for Arms License in Kolkata

Kolkata Police Arms License Department Procedure for Applying for a new Arms License:  Submit the Application in Prescribed Form (Form A1). Copy of Proof of Identity (ADHAR) and Proof of age, nationality, residence, PAN Card, EPIC Card, Tax Returns etc shall be submitted along with the application form. In absence of ADHAR Card other documents may be accepted … Continue reading Procedure for Applying for Arms License in Kolkata