CAN A COURT CANCEL LOOK OUT CIRCULAR?

Lookout Circular generally issued by the Police Department under their own administrative guidelines and sometimes even the Trial Courts directs the Police to do so if the absence of the Accused is hindering the Trial and / or further proceedings. The production of the Accused by the Police or the appearance of the Accused himself […]

WHAT IS LOOK OUT CIRCULAR?

In a Police Case, when the Accused was believed to have left the Country or attempting to leave the Country to evade possible arrest or neglecting any inquiry or Trial, then the Police under the highest official Order releases a look out circular against the Accused. The Lookout Circular is issued to the Airports and[…..]

WHAT IS SUBSTITUTE SERVICE?

When the Respondent / Accused had not turned up on the hearing date despite a Court Notice and Private Notice were served on him and / or the Notices were returned to the sender for the reasons that the addressee either left the place of his stay or declined to receive the Notices and the[…..]

WHAT IS AFFIDAVIT OF SERVICE?

Affidavit of Service is in short called AOS. A Court requires to see proof of delivery of the Private Notice sent under its direction to the Accused or Respondent for his appearance on the hearing date. And, such Proof of Delivery of the Notice is enclosed with an Affidavit of the Complainant or his Counsel[…..]

WHAT IS PROCESS?

Process is a procedure of either summoning the Accused / Witnesses to the Court or pleading the Court to issue a Warrant against the Accused and / or such similar things. A Process Application together with a postal stamp affixed envelope is filed in the Court praying for any said or determined purposes.

WHAT IS THE DIFFERENCE BETWEEN REVISION AND APPEAL?

The Aggrieved over the Lower Court Order or Judgment can only approach Appellate Court under its Revisional powers in Section 397 of Cr.P.C. to set aside the Order / Judgment passed by it.   Otherwise, Revision gives a chance to the aggrieved Complainant [filed under Section 200 Cr.P.C.] to open his case afresh for further[…..]

WHY AND WHEN REVISION PETITION IS FILED?

In Criminal Laws there is no provision for an aggrieved person to go for Appeal over any Order [other than Interlocutory Order] passed by the Magistrate or Sessions Court. He can only exercise Revision provision alone. Even certain Judgments [best example: Maintenance Petition under Section 125 Cr.P.C.] delivered by the Lower Court can only be[…..]

WHAT IS CALLED REVISION PETITION?

In Criminal Courts Practice, Revision Petition plays a major role. Except Interlocutory Order, the aggrieved person over any other Order / Judgment passed by the Magistrate Court, can challenge the same by way of instituting a Revision Petition in the higher forum – either the Sessions / District Court or High Court under their Revisional[…..]

WHAT IS INTERIM ORDER?

In Criminal Laws, any Order passed during pendency of the main Petition / Calendar Case which gives certain reliefs to the Petitioner or Accused is said to be an Interim Order. For an example, the interim maintenance order passed under Section 125 of Cr.P.C. or Section 23 of The Protection of Women from Domestic Violence[…..]