Only the Supreme Court has powers to effect interstate transfer of Criminal Case. The Supreme Court, if finds it necessary, and for practical reasons, transfer a Criminal Case or Appeal from one High Court to another High Court or from one Subordinate Court of a High Court to the other Subordinate Court of the other […]
Yes, any Officer Incharge of a Police Station, may without a Warrant can enter into any shops functioning in his Station limit, based on the information he gathered, inspect weights or measures or instruments meant for weighing and if they are found to be false, he can seize the same and report to the Jurisdiction[…..]
Defamation means a bad remarks used by a person against another person with an intent to harm him or her integrity or social standing in the presence of general public or even before a single person who had kept the aggrieved person in the highest regard. The medium of defaming a person could be two;[…..]
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.[…..]
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[…..]