In Criminal Law, the territory of the State is demarcated as Sessions Divisions. Each Session Division is a District. One Sessions Division comprises with the Chief Judicial Magistrate Court and subordinate Magistrate Courts [if it is rural] or the Sessions Division is comprising with Chief Metropolitan Magistrate and Subordinate Magistrate Courts [if it is City]. […]
Punishable offences are less than 7 years or above 7 years with or without fine or a capital punishment and important elements constituting of such arrest [of the person], the Police Officer must convinced himself that such arrest was necessary or not on following grounds; To prevent that person from committing any further offence, or[…..]
The Police Officer has the powers to arrest a person without having received any Warrant of Arrest from the concerned Magistrate provided the person has; Commissioned a Cognizable Offence in the presence of that Officer, or A Complaint against that person was received on commissioning of a Cognizable Offence, or Sufficient information received against the[…..]
According to Section 480 of Code of Criminal Procedure, an Advocate who practiced in a Court should not sit as a Magistrate in that Court or any Courts within the local jurisdiction of that Court.
No. The Public Servant who was empowered to sell a property under the law can’t acquire or bid for the same and if he do so the same is breach of Section 481 of Code of Criminal Procedure.
There is no restriction with regard to limit or inherent powers of the High Court in making necessary orders or giving effect to any order, prevent abuse of process committed by the Courts and secure ends of justice under this provision. Points to Remember: The High Court’s power under this Code is unlimited as the[…..]
The Magistrate or Judge who himself is a party in a case or having interest in such case or the Judge who hears appeal, in which if he is a party or having interest in such appeal, either way, the Magistrate or the Judge should not handle such cases on their own without prior approval[…..]
Any case pertaining to an armed force personnel if brought before the Magistrate and the Magistrate is of the view that the case should be dealt by Court Martial [as the case may be] specially formed by the Central Government under Army, Navy and Air Force Acts. The Magistrate together with a statement containing the[…..]
Yes, the Courts are allowed [in law] to take up cases barred by Limitation Act. Section 473 of Code of Criminal Procedure gives previlige to the Court when a situation arose before it with respect to expiry of limitation period. A bare reading Section 473 of Cr.P.C. explains; There is no restriction to hear the[…..]
The Period of Limitation shall commence; On the date of commission of offence, or When the exact date of offence [committed] was not known, in such case, the date on which the aggrieved came to know or the Police has such information, whichever is earlier, or The date on which the aggrieved came to know[…..]