HOW OUR WARRANT EXECUTED IN FOREIGN?

When a Court in India seeks to execute a Warrant to arrest a person or production of documents or things or all and such scheme requires to be executed in a Contracting State [other Country where the Accused or the Witness stays] then the Court that seeks such person or things or both may issue […]

WHAT IS DOMESTIC VIOLENCE?

When a woman is subjected to harassment [of any type] by her Husband and / or by her in-laws then such harassment is called Domestic Violence. Domestic Violence is broadly classified into four types; Physical [brutal assault, damaging limbs or causing bodily damages, caricature] Emotional [threaten / intimidation / blackmail] Verbal [speaking unparliamentarily / deplorable[…..]

WHAT IS TEMPORARY INJUNCTION AND PERMANENT INJUNCTION?

In Civil Laws, when any person is aggrieved over another person who is committing or attempting to commit any Civil wrongs [such as altering, alienating, destroying or trespassing the property of the aggrieved] and which puts the aggrieved person in a fix, he can then institute an Original Suit in the District Munsif Court within[…..]

WHAT IS CHEQUE BOUNCE? WHAT REMEDY THE PERSON HAS?

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[…..]

WHAT IS SC, CC AND OS?

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[…..]

WHO IS PLAINTIFF AND WHO IS DEFENDANT?

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[…..]

WHAT IS WRITTEN STATEMENT?

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[…..]

WHAT IS PLAINT?

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[…..]

CAN POLICE PREVENT A WITNESS FROM GIVING STATEMENT?

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[…..]

HOW SUMMONS IS SERVED ON A WITNESS?

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[…..]