Legally speaking Domestic Violence Act does not relate to workplace violence and it is only confined to marital relations. DV Act revolves around only a Violence committed by the Husband and his Family against the Wife and or her in-laws who does it, if Husband is not in a position to maintain her or alive. […]
Civil Court does not have jurisdiction to take Domestic Violence cases. Some Family Courts are taking up but that is wrong in law. Because Section 12 of The Protection of Women from Domestic Violence Act, 2005 vested rights to receive Complaint only by the Magistrate Court for disposal, and it has not defined any role[…..]
Civil is different from Criminal on one major aspect; In Criminal System we have punishment together with penalty whereas in Civil cases the Court can only penalize and compensate for the wrong doing. In fact, in civil cases we don’t call “Offence” it is called Civil Wrong but in Criminal case we call it Offence.[…..]
We need to have a Police Force for internal maintenance of law and order, if not there will be catastrophe. So, there are personnel who are good and bad in every occupation and profession. The same is with Advocates and Doctors. We have come across lots of hospitals burying ethics to mint money on this[…..]
According to me, the Central Government was wrong in withdrawing DA. The Government has thus failed to understand DA was counterproductive to inflation and a booster to demand and supply chain of the markets! DA is calculated on the basis of salary structure of the employees or the pensioners for that sake. So the point[…..]
Yes. The High Court can conduct Trial similar to Sessions Court if it contemplates that there shall be no free and fair enquiry be conducted in the original jurisdiction Court or the Case involves complexities and / or filled with substantial questions of law then the High Court of the State steps and conduct Trial.
Yes the Accused has all the rights to file his Petition before the Appellate Court under Section 389 of Cr.P.C. prays the Court for Suspension of Sentence and release him on Bail till disposal of his Appeal.
The aggrieved person – be it a Victim or Accused [it never matters] – when justice was denied or process of law was abused by any Courts he can file a Petition under Section 482 of Cr.P.C. in the High Court of his State and pray to secure the ends of justice.
Provided the Accused or the Witness if not understood the Court Language then the Court must take steps to interpret its Language by appointing a Translator, who is unbiased, yet, acceptable to both; Prosecution and the Accused. Provided the Court knew the Language of the Accused or Witness the Magistrate himself can occupy a role[…..]
Though the essence of the Vakalathnama and Memo of Appearance are the same – both allows the Advocate to represent the Accused in criminal cases in the Court. But only consideration to see is when or at what stage? In circumstances like – to secure an Accused on Bail, the Advocate who represents him[…..]