When the issuer of the Cheque failed to honour the Cheque [which he issued to the receiver] and thereafter should he failed to return the money he owe to the receiver then the same amounts to Cheque Bounce. Section 138 of The Negotiable Instruments Act [in short, NI Act] deals with the situation to handle […]
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[…..]
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[…..]
The Court may issue Summons to the Witness by following Summons provisions narrated in the Code of Criminal Procedure from Sections 61 to 69. The Court may direct to send the Summons to the Witness by a registered post to the recipient house address or at the place of his business or to his place[…..]
Provided the Summons is required to be serviced on a person who ordinarily resides at another Jurisdiction and the same shall be sent in duplicates to the Magistrate of that Jurisdiction for its service. When a Court who issued Summons to a person and who ordinarily resides in another Jurisdiction, and the Officer of other[…..]
Provided the Summons is served on a Government employee, it shall be served on to the head of the Office in which the addressee of the Summons works and the Summons as usual sent to him in duplicates. The Head who receives the Summons must serve to the concerned addressee in accordance with Section 62[…..]
Despite invoking narratives of Sections 62, 63 and 64 of Code of Criminal Procedure, the Officer who is attempting to serve the Summons on the addressee shall affix one of the duplicates of the Summons in a vantage point [noticeable] at his residence. Then, if the Court satisfied that it has taken all efforts diligently[…..]