In Criminl Law, any Case that is filed in the Trial Court, be it Sessions Court or Magistrate Court they should be given distinct identity by giving a number to it. The case that is filed before the Sessions Court would start with SC No. XXXX / YEAR, similary if the case is filed before […]
The Plaintiff is a one who institute a Suit in the Civil Court prays for remedy [as per provision and procedure of the available laws] against the Defendant. Whereas the Defendant is a one who comes opposite to the Plaintiff and challenges [to disprove] the Plaintiff’s averments in the Court. Order VII of Code of[…..]
Like we have Counter in Criminal Law, wherein, an Accused or the Respondent denies and present his side of facts to the Court on the allegations levelled against him and towards his acquaintances. Similarly, in Civil, it is called Written Statement. Order VIII of Civil Procedure Code deals with Written Statement. The Written Statement may[…..]
Similar to Complaint in Criminal Law, in Civil Law it is called Plaint. The Plaint would contain Court name, name, residential address of the Plaintiff and the Defendant and averments [allegation] of committing wrong by the Defendant are elaborately discussed in it. In fact, as in Criminal Law, Complaint sets in motion the Criminal Case[…..]
Section 164 Cr.P.C. deals with a situation regarding recording of confession statements by the Court. Any Magistrate, be it Metropolitan or Judicial and have jurisdiction or not can record the statement confessed to him at any time during the course of investigation, but, before conducting an inquiry or trial by the Court. [The portion of[…..]
No, Police cannot prevent anyone who is willingly gives his / her statement – be it factual or contain bundle of lies – the Police has to record the statement as it is. Otherwise, Section 163 of Cr.P.C. deals with a situation as follows; Bribe [inducement] should not be given by the Police or the[…..]
Section 162 of Cr.P.C. deals with a situation that the statement given to the Police not to be signed by the person who gave it. And use of those statements in evidence. Clause 1 says, should the statement of a person reduced to writing during investigation he need not affix his signature on his statement.[…..]
Section 161 of Cr.P.C. deals with the Police’s examination of witnesses. An IO or the Police Officer appointed by the State and under latter’s instructions such Officer can examine orally any person who is acquainted with the facts and circumstances of the case. Such person who is subjected to examination would truly answer to all[…..]
Section 160 Cr.P.C. deals with a situation of Police summoning any person for inquiry. An IO could summon any person [summon must be in writing] for inquiry at his Police Station. The IO is allowed to summon a person who is not even a resident of his Station limit, and still such person is acquainted[…..]