Observation Home Under J.J. Act

observation-home

Provisions for the observation home are made under section 47 of the Juvenile Justice (care & protection of children) Act,2015. The observation home means such a home where a child alleged to conflict with the law, is kept temporarily during the pendency inquiry. The observation homes shall be established by the state government in every …

Easement and Its Elements

Man is a social animal. He expects help and co-operation from each person of the society. He has a wish that no person should interfere in his property and rights relating to property subjects. With this concept, the easement has originated. It allows permission and right to the beneficial enjoyment of the property of its …

Commencement of Proceedings Before Magistrate

Proceedings-Before-Magistrate

Commencement of Proceedings Before Magistrate, this chapter covers sections from 204 to 210 of CRPC. SECTION 204:- ISSUE OF PROCESS. Generally accused is produced with the charged sheet but when accused does not come exceptionally when the process is issued. In complaint process is issued compulsorily. If Magistrate taking cognizance thinks that there is sufficient …

Important Terms Under Civil Law Procedure

terms-under-civil-law-procedure

  Affidavit:- An affidavit is a declaration of facts, reduced to writing and affirmed or sworn before an officer having authority to administrate oaths. It should be drawn up in the first person and contains statements and not inferences. Appeal:– The expression Appeal may be defined as “the judicial examination of the decision made by …

Temporary Injunction and Interlocutory Orders

TEMPORARY-INJUNCTION-AND-INTERLOCUTORY-ORDERS

The injunction is such judicial proceedings whereby the order is passed and given to any party for doing or not doing any act. (T.I. is the purely discretionary power of the court. It was exercised according to the established judicial principles and judicially.) Types of the injunction: Prohibitory injunction Mandatory injunction Temporary injunction Perpetual injunction …

Arbitration Tribunals Under ADR

arbitration-tribunals

The provisions regarding the appointment of Arbitration and Conciliation Act 1996, Arbitration Tribunals was composed. Arbitral challenge an Arbitrator is such a person who solves the dispute submitted to Arbitrator. Hence, the Arbitrator is an important person for the application of Arbitration and Conciliation Act 1966. He is called the base of Arbitration. Arbitration Tribunals …

Arbitral Proceeding Under ADR

arbitral-proceeding

The way in which Arbitral proceeding is terminated are provision for the termination of Arbitral proceeding are made under section 32 of the Arbitration and Conciliation Act 1996. Section 32 reads as under- The Arbitral proceeding shall be terminated by the final arbitral award or by an order of the Arbitral Tribunal under subsection (2). …

Jurisdiction of Criminal Courts

court-jurisdiction

EX. OF S.178:- A injures B in Jodhpur and due to which B dies in Pali. A can be tried whether in Jodhpur or Pali in the court of competent court jurisdiction. SECTION 177:- ORDINARY PLACE OF TRIAL AND INQUIRY. Every offence shall be ordinarily inquired and tried by a court within whose court jurisdiction …

Information to the Police and Their Powers

information-to-the-police

SECTION 154:- INFORMATION IN COGNIZABLE CASES (FIR) Information relating to commission of cognizable offence if given really orally to SHO shall be reduced to writing by him or under his direction and be read over to the information & signed by the informant and substance shall be entered in book to be kept by such …

Maintenance Of Public Order and Tranquility

maintenence-of-public-order

Unlawful assemblies SECTION 129: Dispersal of assembly by use of Civil force The executive magistrate or SHO or in absence of SHO, any police officer not below the rank of Sub-inspector, may command any unlawful assembly or any assembly of five or more persons likely to cause disturbance of public peace to disperse by using …