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Channel only for LAW Students, Advocates, Lawyers, LLB, LLM Students, PCS-J, APO, State PCS and UPSC Law Optional Students. Judicial Notes/Services
What is Lok Adalat
Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987
4. The World Is Very Unfair
The children of Atticus were highly disappointed at the conviction of Tom. They learnt that even the justice system was tainted by unfairness. The man against whom Atticus was arguing the case wanted to kill his children, but Arthur saved them. Arthur, in turn, ends up killing the attacker.
The Sheriff decides to cover up the murder as an accidental fall. Atticus fears that his children might see this as a bend in law just after they witnessed a victim of racism. But Scout tells Atticus that she understands that making a hero out of Arthur would only invite unsolicited attention.
The best gift for saving her life to Arthur would be to let him keep his privacy. To Kill a Mockingbird would be the biggest sin. Despite seeing the unfairness of life, Scout has seen its fairness as well.
Wrapping It Up
To Kill a Mockingbird is an interesting read for law students to begin with. It covers many facets of society such as racism, inequality, untouchability, slavery, discrimination and injustice.
Even after 8 decades of this book, one can still experience such taboo in society. The most recent movement experienced around the world is Black Lives Matter. The law students should also go through Atticus Finch’s unsparing cross-examination presented in the novel to learn this art.
Reading becomes a way of life for lawyers and law students, so why not pick a fiction that solves two purposes at the same time.
#Lawstudents #LLB #Legal #Lawyer
WHAT ARE THE RIGHTS OF A WOMAN DURING THE ARREST?🧕👩🏫
Rights of a woman during arrest
In India, men and women are equal in the eyes of the law. But to protect the dignity and decency of a woman, some privileges have been provided to them. In case of arrest, like men, women’s are also provided with similar rights like the right to know the grounds for arrest, the right to free legal aid, the right to inform relatives/friends, the right to be informed of the right to bail, right to be examined by a medical practitioner, right to be informed by a police officer about their rights.
The special rights given to a woman in case of arrest are:
1. As per section 46 of the Criminal Procedure Code, 1973, if a police officer arrests a woman, it can only be done before sunset and after sunrise. Only in special cases, a woman can be arrested after sunset, and that too after obtaining permission from the Judicial Magistrate in writing.
2. As per section 51 of CrPC, in case of search of an arrested person, only a female police officer or a female constable can search another female with strict regard to decency. A male police officer is prohibited from searching a female accused, but he is allowed to search her house.
3. Under section 160 of CrPC, a police officer cannot force a woman witness to give statements in a police station during an investigation. Instead, a woman has a right to get her statements recorded at her residence in the presence of a woman constable or a woman police officer.
4. Also, in Sheela Barse vs the State of Maharashtra, the Hon’ble Supreme Court issued directions for the protection of woman prisoners who were being assaulted by the police in lock-up. It was directed that there should be separate lock-up for men and women, and female constables should guard the woman lock-ups. Interrogation with female convicts should be in the presence of female police officers/constables.
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When the accused can be discharged
Section 256 in The Code Of Criminal Procedure, 1973
256. Non- appearance or death of complainant.
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.
*"Temporary Injunction"*
*Few important judgments of the Apex/Supreme Court of India*
1. Rathnavathi v. Kavita Ganashamdas, (2015) 5 SCC 223
2. Ram Prakash Agarwal v. Gopi Krishan, (2013) 11 SCC 296
3. Lakshmi v. E. Jayaram, (2013) 9 SCC 311
4. Best Sellers Retail (India) (P) Ltd. v. Aditya Birla Nuvo Ltd., (2012) 6 SCC 792
5. Esha Ekta Appartments CHS Ltd. v. Municipal Corpn. of Mumbai, (2012) 4 SCC 689
6. Ranjit Kaur v. Major Harmohinder Singh, (2011) 15 SCC 95 : (2014) 2 SCC
7. Supreme Court Bar Assn. v. B.D. Kaushik, (2011) 13 SCC 774
8. Skyline Education Institute (India) (P) Ltd. v. S.L. Vaswani, (2010) 2 SCC 142
9. Home Care Retail Marts (P) Ltd. v. New Era Fabrics Ltd., (2009) 17 SCC 429
10. Zenit Mataplast (P) Ltd. v. State of Maharashtra, (2009) 10 SCC 388
11. Mandali Ranganna v. T. Ramachandra, (2008) 11 SCC 1
12. D. Dwarakanath Reddy v. Chaitanya Bharathi Educational Society, (2007) 6 SCC 130
13. M. Gurudas v.
Rasaranjan, (2006) 8 SCC 367
14. Seema Arshad Zaheer v. Municipal Corpn. of Greater Mumbai, (2006) 5 SCC 282
15. Rajasthan Housing Board v. Krishna Kumari, (2005) 13 SCC 151
16. Fargo Freight Ltd. v. Commodities Exchange Corpn., (2004) 7 SCC 203
17. State of Haryana v. State of Punjab, (2004) 12 SCC 673
18. Vareed Jacob v. Sosamma Geevarghese, (2004) 6 SCC 378,
19. Hardesh Ores (P) Ltd. v. Timblo Minerals (P) Ltd., (2004) 4 SCC 64
20. Haridas Exports v. All India Float Glass Manufacturers’ Assn., (2002) 6 SCC 600
21. Mahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd., (2002) 2 SCC 147
22. Anand Prasad Agarwalla v. Tarkeshwar Prasad, (2001) 5 SCC 568
23. Uniply Industries Ltd. v. Unicorn Plywood (P) Ltd., (2001) 5 SCC 95
24. A. Venkatasubbiah Naidu v. S. Chellappan, (2000) 7 SCC 695
25. S.M. Dyechem Ltd. v. Cadbury (India) Ltd., (2000) 5 SCC 573
26. Colgate Palmolive (India) Ltd. v. Hindustan Lever Ltd., (1999) 7 SCC 1
27. Sree Jain Swetambar Terapanthi Vid (S) v. Phundan Singh, (1999) 2 SCC 377
28. Whirlpool Corpn. v. Registrar of Trade Marks, (1998) 8 SCC 1
29. N.R. Dongre v. Whirlpool Corpn., (1996) 5 SCC 714
30. Gujarat Bottling Co. Ltd. v. Coca Cola Co., (1995) 5 SCC 545
31. Mahadeo Savlaram Shelke v. Pune Municipal Corpn.(1995) 3 SCC 33
32. Shiv Kumar Chadha v. Municipal Corpn. of Delhi, (1993) 3 SCC 161
33. Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719
34. Cotton Corpn. of India Ltd. v. United Industrial Bank Ltd., (1983) 4 SCC 625 .....
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#Case_Law #important
Which Section in IPC provides for exercise of a right of private defence against deadly assault which may result in even risking harm to an innocent person?
(A) 103
(B) 104
(C) 105
(D) 106
Some Effective Tips for Cross-Examination
1. Please keep it simple.
2. Keep it short.
3. Only ask questions that help you.
4. Avoid open-ended questions.
5. You should know when to quit.
6. Build perfect timings for a sensible move.
46. In promptu – In readiness.
47. In lieu of – Instead of.
48. In personam – A proceeding in which relief I sought against a specific person.
49. Innuendo – Spoken words which are defamatory because they have a double meaning.
50. In status quo – In the present state.
51. Inter alia – Among other things.
52. Inter vivos – Between living people. (especially of a gift as opposed to a legacy)
53. Interest Reipublicae Ut Sit Finis Litium – It means it is in the interest of the state that there should be an end to litigation.
54. Jus cogens or ius cogens – Compelling law.
55. Jus in personam – Right against a specific person.
56. Jus in rem – Right against the world at large.
57. Jus naturale – Natural law.
Or in other words, A system of law based on fundamental ideas of right and wrong that is Natural Law.
58. Jus Necessitatis – It means a person’s right to do what is required for which no threat of legal punishment is a dissuasion.
Dissuasion means: the action or process of trying to persuade someone not to take a particular course of action.
59. Jus non scriptum – Customary law.
60. Jus scriptum – Written law.
61. Jus – Law or right.
62. Justitia nemini neganda est – Justice is to be denied to nobody.
63. Jus soli – Right of soil.
64. Jus sanguins – Right of blood or descent.
65. Lex non a rege est violanda – The law must not be violated even by the king.
66. Locus standi – Right of a party to an action to appear and be heard by the court.
67. Mala fide – In bad faith.
68. Malum in se or Mala in se (plural) – Wrong or evil in itself.
Or, Mala in se is ‘A term that signifies crime that is considered wrong in and of itself.’
For Example, Most human beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs and is thus recognizably malum in se.
69. Malum prohibitum – In a way opposite of Malum in se.
It means ‘Crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’
For example, Jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of a road is considered immoral, but because the law says to drive on the left side and not on the right side.
Choose the correct statement.
a. Sessions Judge is subordinate to Assistant Session Judges
b. Assistant Session Judges are subordinate to the Sessions Judge
c. Both are correct
d. Both are wrong
All those proceedings which are conducted by a police officer or by any person authorised by a Magistrate for the purpose of collection of evidence under the Code of Criminal Procedure, 1973 is called –
a. Inquiry
b. Investigation
c. Judicial Proceeding
d. Trial
Section 160 of CrPC
160. Police officer' s power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence
Who was the first education minister of India?
(A) Maulana Abul Kalam Azad
(B) Dr. APJ Abdul Kalam
(C) Zakir Hussain
(D) Khan Abdul Ghaffar Khan
When the communication of a revocation is complete as against the person who makes it?
a. When it is put in a course of transmission to the person to whom it is made
b. When it comes to the knowledge of the proposer
c. Either (a) or (b) based on situation
d. None of the above
‘Agreement’ is defined under which Section?
a. Section 2(e)
b. Section 2(f)
c. Section 2(g)
d. Section 2(h)
WHEN THE INVESTIGATION CANNOT BE COMPLETED IN 24 HOURS? SECTION #167 #CRPC EXPLAINED
Section 57 of the Criminal Procedure Code says that no person arrested without a warrant shall be detained in the police officer’s custody for a longer period than what is reasonable. Such a reasonable period shall not exceed twenty-four hours.
Section 167 of the Criminal Procedure Code provides for the procedure when investigation cannot be completed within twenty-four hours. If the police consider such detention is required to complete the investigation, then prior permission is to be obtained from the magistrate. There should be grounds to believe that the accusation against the accused is well-founded.
For such permission, the police shall approach the nearest magistrate whether having jurisdiction or not.
📌Conditions When a Person can be Detained Beyond 24 Hours
📌Object of Section 167 CrPC
Maximum Period of Detention
📌When an Investigation is not Completed in a Summons Case
📌Conditions When a Person can be Detained Beyond 24 Hours
1. Person should be arrested and detained in custody.
2. It must appear to the police that the investigation cannot be completed within the twenty-four hours of his arrest as fixed under section 57 of the Criminal Procedure Code.
3. The officer-in-charge of the police station making the investigation has grounds to believe that the accusations against the arrested person are well-founded.
4. The officer in charge of the police station making the investigation shall forward him to the nearest magistrate.
📌Object of Section 167 CrPC
Section 167 of the Criminal Procedure Code aims to protect the accused and ensures the arrested person is brought before the magistrate with the least possible delay. This is to decide whether detention beyond 24 hours is required or not.
The magistrate may either:
(a) release him on bail, or
(b) remand him.
The Judicial Magistrate to whom the accused is forwarded whether he has got jurisdiction to try the case or not may authorise the detention of the accused in the police custody for a term not exceeding 15 days on the whole. The order of detention beyond a period of 15 days by a magistrate having jurisdiction or not will be illegal.
In CBI vs Anupam Kulkarni, 1992, the Supreme Court has held that police remand should not be restored after 15 days of arrest.
Maximum Period of Detention under CrPC
Provision of Section 167(2) of the Criminal Procedure Code states that if the detention for a period beyond 15 days is considered necessary by the magistrate, he may authorise judicial custody only:
(a) For a total period of not exceeding 90 days where the offence regarding which investigation is being done is punishable with death, imprisonment for life or imprisonment for a term not less than 10 years.
(b) For a total period not exceeding 60 days where the offence is any other offence.
Section 167(2A) of CrPC provides that if the accused is produced before an executive magistrate, he may authorise the detention of the accused in such custody for not more than seven days in aggregate after recording his reason for doing so.
Default Bail
On the expiry of 90 days or 60 days as the case may be, if the investigation is not completed, the accused person shall be released on bail if he is prepared to do so and does furnish bail.
📌It is to be noted that the period of 90 or 60 days as the case may be is to be computed from the date the magistrate authorises detention of an accused person.
The person so released under section 167(2) of the Criminal Procedure Code shall be deemed to be released under provisions of chapter XXXIII of the Criminal Procedure Code relating to the provisions of bail and bonds.
📌When an Investigation is not Completed in a Summons Case
Section 167(5) of the Criminal Procedure Code provides that when the case being investigated is a summons case and the investigation is incomplete within six months from the date of arrest. In this situation, the magistrate may make an order to stop further investigation.
#Legal_eagle
Stories of the Top seven Indian Lawyers
By #Indu_Bhan
Maintainance- Magistrate Empowered U/S 125 CrPC To Sentence Defaulter To Separate Terms Of Imprisonment Of Upto 1 Month For Every Month's Default: Rajasthan HC
In a significant judgment, the Rajasthan High Court has held that a Magistrate is empowered under Section 125 of CrPC to pass separate sentences over non-compliance of its order granting maintenance, and that such sentence may be of upto one-month imprisonment each for every month's default.
"We have no hesitation in holding that where the defaulter repeatedly breaches the order of maintenance under Section 125 Cr.P.C., the Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each month's dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every month's default,"
observed a Division Bench of Justices Sandeep Mehta and Manoj Kumar Garg
Capital Crime
A crime that carries the possibility of death sentence.
e.g. Murder, Rape, Terrorism.
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ATTORNEY-GENERAL
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
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Which Article talks about “Formation of new States and alteration of areas, boundaries or names of existing States”?
(A) Article 1
(B) Article 2
(C) Article 3
(D) Article 4
#Essential_English_Words
1.Remission (N)-the cancellation of a debt, charge, or penalty. माफ़ी
2.Assassination (N)-murder of a public figure by surprise attack. हत्या
3.Clemency (N)-the act of forgiving or the state of being forgiven. राज्यक्षमा
4.Tenable (Adj)-able to be maintained or defended against attack or objection. तर्कसंगत
5.Ramifications (N)-a complex or unwelcome consequence of an action or event. प्रभाव
6.Incarceration (N)-the state of being kept in confinement. कैद
7.Humanitarian (Adj)-concerned with or seeking to promote human welfare. मानवतावादी
8.Hackles (N)-a feeling of anger and animosity.
9.Left No Stone Unturned (Phrase)-try every possible course of action in order to achieve something.
10.Whopping (Adj)-unusually large in size, extent, or degree.
11.Constellation (N)-a group of associated or similar people or things.
12.Triumphed (V)-to win a great victory, or to have a great success.
13.Burnish (V)-To improve or make more impressive.
14.Ruffle A Few Feathers (Phrase)-to make someone feel worried or annoyed.
15. Disengagement: the action or process of withdrawing from involvement in an activity, situation, or group.
16. Moratorium : A moratorium is a delay or suspension of an activity or a law.
17. Armoured: steel-plated, bulletproof, bombproof.
18. Patrolled: keep watch over (an area) by regularly walking or travelling around it.
19. Artillery: a military detachment or branch of the armed forces that uses large-calibre guns.
20. hard nut to crack(phrase) :A difficult problem.
21. stand-off (Noun) : a situation in which agreement in an argument does not seem possible.
22. predates : exist or occur at a date earlier than (something)
23. Condemnation(N):the expression of very strong disapproval; censure.तिरस्कार
24. Ostensibly(प्रकट रूप से): apparently
25.Laundered(Adj.):(of money) obtained illegally and processed secretly, typically by transfers involving foreign banks or legitimate businesses.
26.Brush aside(Phrasal verb):to treat (something) as not important : to ignore or dismiss.
27.Relentless(adj.):persistent, continuing.
28.Grievances(N):complaint, criticism, objection.
29.Behoves(v):it is right for someone to do something.
20.Dissenters:objector, protester.
Important Legal Maxims With Their Easy Meaning
1. Ab Initio – From the beginning.
2. Actionable per se – The very act is punishable and no proof of damage is required.
3. Actio personalis moritur cum persona – A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.
4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.
5. Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. or an act does not make a defendant guilty without a guilty mind. or an act does not constitute guilt unless done with a guilty intention.
6. Ad hoc – For the particular end or case at hand.
7. Alibi – At another place, elsewhere.
8. Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court.
9. Ante Litem Motam – Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.
10. Assentio mentium – The meeting of minds, i.e mutual assents.
11. Audi alteram partem – No man shall be condemned unheard.
12. Bona fide – In good faith.
13. Bona vacantia – Goods without an owner.
14. Boni judicis est ampliare jurisdictionem – It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
15. Caveat – A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
16. Caveat actor – Let the doer beware.
17. Caveat emptor – Let the buyer beware.
18. Caveat venditor -Let the seller beware.
19. Certiorari – A writ by which orders passed by an inferior court is quashed.
20. Corpus – Body.
21. Corpus delicti – The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).
Also, it refers to the principle that ‘a crime must be proved to have occurred before a person can be convicted of committing that crime.’ (This definition is mostly used in Western Law.)
22. Damnum sine injuria – Damage without injury.
23. De facto – In fact.
24. De jure – By law.
25. De minimis – About minimal things.
26. De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or law ignores insignificant details.
Or, A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.
27. De novo – To make something anew.
28. Dictum – Statement of law made by judge in the course of the decision but not necessary to the decision itself.
29. Doli incapax – Incapable of crime.
30. Detinue – Tort of wrongfully holding goods which belong to someone else.
31. Donatio mortis causa – Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.
32. Estoppel – Prevented from denying.
33. Ex gratia – As favour.
34. Ex officio – Because of an office held.
35. Ex parte – Proceedings in the absence of the other party.
36. Ex post facto – Out of the aftermath, or After the fact.37. Fatum – Beyond human foresight.
38. Factum probans – Relevant fact.
39. Fraus est celare fraudem – It is a fraud to conceal a fraud.
40. Functus officio – No longer having power or jurisdiction.
41. Furiosi nulla voluntas est – Mentally impaired or mentally incapable persons cannot validly sign a will, contract or form the frame of mind necessary to commit a crime. or a person with mental illness has no free will.
42. Habeas corpus – A writ to have the body of a person to be brought in before the judge.
43. Ignorantia juris non excusat – Ignorance of the law excuses not or Ignorance of the law excuses no one.
In other words, A person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
44. Injuria sine damno – Injury without damage.
45. Ipso facto – By the mere fact.
Officer in charge of a police station must be above the rank of –
a. Constable
b. Assistant sub-inspector
c. Sub-inspector
d. Inspector
The words “Sovereign Socialist Secular Democratic Republic” in the Preamble of Constitution of India were substituted for which words?
(A) Sovereign Secular Democratic
(B) Sovereign Socialist Secular
(C) Sovereign Democratic Republic
(D) Sovereign Secular Republic
Firing took place in Rohini Court outside Court no. 206. Delhi. Akhil gogi (gangster) targetted who died on spot and the security personals in cross firing shot the Two assailants who died on the spot. Culprits were in Advocate attire. One lady lawyer also injured. Around 35-40 rounds fired.
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When the communication of revocation is complete as against the person to whom it is made?
a. When it is put in a course of transmission to the person to whom it is made
b. When it comes to his knowledge
c. Either (a) or (b) based on situation
d. None of the above
Every promise and every set of promises, forming the consideration for each other, is a/an –
a. Offer
b. Proposal
c. Agreement
d. Reciprocal promises
But such investigation will not be stopped if the officer investigating the offence satisfies the magistrate for a special reason, or it is in the interest of justice for the investigation to be continued beyond six months.
🌻💐Have a great and knowledgeable day😎
An act done in the exercise of private defence attracts which offence?
(A) Act causing grievous hurt
(B) Culpable homicide, if any
(C) Either (A) or (B)
(D) No offence