06Oct 2018 by Reese Bannister

Order for disposal of property at conclusion of trial (Section 452 of CrPc)

Essays
Legal provisions regarding order for disposal of property at conclusion of trial under section 29 of the Code of Criminal Procedure, 1973.Order for disposal of property at conclusion of trial:As per Section 452 of the Code of Criminal Procedure: Image Source: vault.starproperty.my.s3.amazonaws.com ADVERTISEMENTS: (1) When an inquiry or trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.(2) An order may be made under sub-section (1) for the delivery of…
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06Oct 2018 by Reese Bannister

Offences committed outside India (Section 188 of CrPc)

Government
Legal provisions regarding offences committed outside India under section 188 of the Code of Criminal Procedure, 1973.According to Section 188 of the Code of Criminal Procedure, when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere, or by any person not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. Image Source: davidmathiraj.files.wordpress.com ADVERTISEMENTS: However, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.Section 188 of the Code provides for…
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06Oct 2018 by Reese Bannister

What is the Effect of Partition on Hindu Joint Family Properties?

Family Members
When there is a partition in joint family, its joint status is disrupted and the coparcenary comes to an end. The share of every branch of coparceners is also determined. Image Source: yourarticlelibrary.com(a) On a general partition, the undivided family as a unit comes to an end. Where the partition is partial, the members who severed themselves from the unit, lose the joint status which they had previously enjoyed as members of that particular unit. ADVERTISEMENTS: (b) Where partition takes place by conversion, severance is effected between the convert and the rest of the family members. Similarly where partition takes place on account of marriage by a coparcener under the Special Marriage Act, 1954, severance is effected between such coparcener and the rest of the family members.(c) Partition automatically alters…
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06Oct 2018 by Reese Bannister

Legal Provisions Regarding Legitimate and Illegitimate Daughter under Hindu Law

Marriage
Under old Hindu law an unmarried daughter was entitled to claim maintenance from her father and on the death of her father; she was entitled to be maintained out of his estate. But such rights were not available to an illegitimate daughter. Under the present law as contained in the Hindu Adoptions and Maintenance Act, 1956, whether legitimate or illegitimate both can claim maintenance from their parents. Image Source: s-media-cache-ak0.pinimg.comBut the obligation of the parents to maintain them would be dependent on the fact that the daughters are unable to maintain themselves by their own separate earnings and property. Daughters can claim maintenance from her parents so long as she is unmarried. There is no obligation on the parents to maintain a married daughter but on her becoming a widow,…
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06Oct 2018 by Reese Bannister

Inherent Powers of the High Court under section 482 of Code of Criminal Procedure

Actors
Section 482 of the Code of Criminal Procedures saves the inherent powers of the High court, by providing that nothing in the Criminal Procedure Code is to be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary— Image Source: i.ytimg.com/(a) To give effect to any order under the Code; or ADVERTISEMENTS: (b) To prevent the abuse of the process of any Court; or(c) Otherwise to secure the ends of justice.It will be seen that S. 482 does not confer any new or increased powers on the High Court. It only provides that those powers which the Court already inherently possessed are preserved, and the section finds place in the Code, lest it should be argued that the only powers…
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06Oct 2018 by Reese Bannister

Can Bail be taken in Non-Bailable offences under Indian Criminal Laws?

Government
Section 436 of the Code of Criminal Procedure provides that when any person other than a person who is accused of a non-bailable offence, is arrested or detained without a warrant by an Officer-in-charge of a Police Station, or is brought before the Court, and is prepared to give bail, such person must be released on bail. Thus, in the case of bailable offences, the grant of bail is a matter of course. Image Source: upload.wikimedia.orgIf, however, such Officer or Court (as the case may be) thinks fit, he (or it) may, instead of taking bail from such a person, discharge him, on his executing a bond without sureties for his appearance before the Court. If such a person fails to comply with the conditions of the bail- bond, as…
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06Oct 2018 by Reese Bannister

Very Short Essay on Land Pollution (303 Words)

Housing
Here is your essay on Land Pollution !The land pollution is caused by solid wastes and chemicals. One of the major pollution problems of large cities is disposal of solid waste material including farm and animal manure, crop resi­dues (agricultural wastes), industrial wastes such as chemicals, fly ash and cinders which are residues of combustion of solid fuels, garbagae, paper, cardboard, plastics, rubber, cloth, leather, cons­truction rubbish, brick, sand, metal and glass resulting from demo­lition of buildings, dead animals like catties, dogs, cats, birds, containers, discarded manufactured products such as old refrigera­tors, washing machines and autos. image source: 586c40.medialib.glogster.com ADVERTISEMENTS: Huge quantities of unwanted material cause serious disposal problems. The simplest method is crud tipping or open dumping, a common method used in most Indian cities. More satisfactory is controlled…
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06Oct 2018 by Reese Bannister

Power of Court to release certain offenders on probation of good conduct (Section 4 of Probation of Offenders Act, 1958)

Trade
Legal provisions regarding power of Court to release certain offenders on probation of good conduct under Section 4 of Probation of Offenders Act, 1958.(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to…
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06Oct 2018 by Reese Bannister

When facts are said to be “Proved”, “disproved” and “not proved”? – Indian Evidence Act, 1872

Essays
A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.A fact is said to be disproved when, after considering the matters before it, the Court believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. Image Source: image.superstreetonline.comA fact is said not to be proved when it is neither proved nor disproved. ADVERTISEMENTS: “Proved”:The English author, Cunn, gives the analogy of a merchant who receives information that the rate…
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06Oct 2018 by Reese Bannister

Security for keeping the peace on conviction (Section 106 of CrPc)

Essays
Legal provisions regarding Security for keeping the peace on conviction under section 106 of the Code of Criminal Procedure, 1973.According to Section 106 of the Code of Criminal Procedure, when a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences such as: Image Source: churchofchristarticles.com ADVERTISEMENTS: (a) Any offence punishable under Chapter VIII of the Indian Penal Code, 1860, other than an offence punishable under Section 153-A or Section 153-B or Section 154 thereof;(b) Any offence which consists of, or includes, assault or using criminal force or committing mischief;(c) Any offence of criminal intimidation;(d) Any other offence which caused or was intended or known to be likely to cause, a breach of the peace, ADVERTISEMENTS: or of abetting any…
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