Category: Law

Legal provisions regarding Procedure where dispute concerning land or water is likely to cause breach of peace under section 145 of the Code of Criminal Procedure, 1973.(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Image…

Quality of the product is one of the most important characteristics that determine demand for the product and is of strategic importance for the economic health of companies as well as countries. Image Source: i.ytimg.comIn particular, quality affects a firm in the following ways. 1. Improved profitability: ADVERTISEMENTS: Improved quality results in improved profitability due to potential increase in market share as well as cost savings. The cost savings are a result of lower rework and scrap costs, less wastage and lower warranty costs. The increase in market share is a result of higher volume in sales. People are willing to pay higher prices for better quality and hence it improves the profitability of the company. 2. Image and reputation of the company: Quality products not only promote the products…

Legal provisions regarding Proceedings against habitual offenders under section 110 of the Code of Criminal Procedure, 1973.Section 110 of the Code of Criminal Procedure provides that when an Executive Magistrate receives information that there is within his local jurisdiction a person who;(a) Is by habit a robber, house-breaker, thief, or forger; or ADVERTISEMENTS: (b) Is by habit a receiver of stolen property knowing the same to have been stolen; or(c) Habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or(d) Habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code, 1860 or under Sections 489-A, Section 489-B, Section 489-C or Section 489-D…

Legal provisions regarding Qualifications for Chairperson and Members of the Committee as per as rule 22 of the Juvenile Justice (Care and Protection of Children) Rule 2007.(1) A person to be selected as a Chairperson or Member of the Committee shall have either of the following qualifications, in addition to a minimum of seven years experience in their respective field: Image Source: planvisionmn.com ADVERTISEMENTS: (i) A person with post-graduate degree in social work, psychology, child development, education, sociology, law, criminology and where such a person is not available, a person with at least a graduate degree in any of the social science disciplines;(ii) A teacher, doctor or a social worker who has been involved in work concerning children.(2) The Chairperson or Member of the Committee shall be a person not…

Legal provisions regarding removal of disqualification attaching to conviction under Section 12 of Probation of Offenders Act, 1958.Section 12 of the Probation of Offenders Act, 1958 provides that notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of Section 3 or Section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law. However, nothing in this Section shall apply to a person who, after his release under Section 4, is subsequently sentenced for the original offence.In Ranjit Paul v. State of Punjab, the Court has held that Section 12 of the Act absolves the offender of all the disqualifications which are attached to a conviction when the benefit under Section 4 of…

Legal provisions regarding reference on question of constitutional validity under section 395 of the Code of Criminal Procedure, 1973.According to Section 395(1) of the Code of Criminal Procedure, where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for…