Category: Law

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…

Legal provisions regarding right to be informed of the grounds for arrest under section 50 of the Code of Criminal Procedure, 1973.Section 50(1) of the Code of Criminal Procedure provides that every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. ADVERTISEMENTS: The provisions of Section 50 of the Code are mandatory. Article 22 of the Constitution guarantees the fundamental right of protection against arrest and detention. The provisions of Section 50 of the Code are in conformity of Article 22(1) of the Constitution. A citizen’s arrest and detention will be illegal if he has not been communicated particulars of the offence.Timely information of the grounds of arrest…

The system of probation involves conditional suspension of punishment.An offender may be released on probation either after the sentence is passed in his case or without passing of a sentence. The probation is a status of a convicted offender during the period of suspension of his sentence in which he is given liberty conditioned on good behaviour and the State helps him in such an instance of good behaviour.Thus, the suspension of sentence may refer either to the suspension of sentence if the offender is released after the sentence or the suspension of imposition of sentence if he is released without passing a sentence depending on the discretion of the Court. ADVERTISEMENTS: The offender may be released on probation after the suspension of his sentence on the following conditions:(i) His…

Probation is a non-institutional therapeutic measure to reform offenders. The term ‘probation’ is derived from the Latin word ‘probare’ which means ‘to rest’ or ‘to prove’? Prof. Taft defines ‘probation’ as the postponement of final judgment or sentence in a criminal case, giving the offender an opportunity to improve his conduct and to readjust himself to the community, often on condition imposed by the Court and under the guidance or supervision of an officer of the Court. Homer S. Cunnings observes, “Probation is a matter of discipline and treatment.Probation is intended to rehabilitate the offenders. The object of probation is mainly to keep the delinquent away from the evil consequence of incarceration and offer him an opportunity to lead socially useful life without violating the law.” Image Source: i.ytimg.com ADVERTISEMENTS:…

Legal provisions regarding when search-warrant may be issued under section 93 of the Code of Criminal Procedure, 1973.(1) (a) Where any Court has reason to believe that a person to whom a summons or order under Section 91 or a requisition under sub-section (1) of Section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or Image Source: acandyrose.com ADVERTISEMENTS: (b) Where such document or thing is not known to the Court to be in the possession of any person; or(c) When the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant, and the person,…

Section 17 of the Specific Relief Act, 1963 Provides that:Performance of contract:Trial Court found that there was no con­tract of sale, as required by Article 299 between plaintiff and Union of India. Rather, plaintiff was in unlawful occupation and, therefore, after evicting him. Union of India, delivered possession of house to the appellant in ac­cordance with law. Refusal of decree by trial Court Erroneously reversed by High Court. However, since only appellant came to Supreme Court against decree of High Court, his right could not be adversely affected in execution of decree by plaintiff against Union of India. Image Source: propertyupdate.com.au

Section 21 of the Specific Relief Act, 1963 Provides that: 1. Agreement of reconveyance: Agreement of reconveyance found incapable of performance due to acquisition of land in question. Law per­mits plaintiff to seek amendment in relief clause of the plaint and claim damages. In the instant case. Supreme Court permitted plaintiff to amend relief and add relief of damages. Image Source: cullottalaw.com 2. Allowability of: ADVERTISEMENTS: The amendment for compensation in lieu of spe­cific performance was allowed by the Supreme Court so that complete jus­tice be done. 3. Alternative relief: The plaintiffs claim was in accord with the provi­sions of Section 21 of the Specific Relief Act, 1963. Merely, because the plaintiff claims damages in a suit for specific performance of contract as alternative relief, it cannot be said that…

Section 12 of the Specific Relief Act, 1963 Provides that: 1. Agreement: In the case the 1st respondent was ready and willing to perform the whole of the agreement but trial Court has noted that the appellant could not perform the agreement in its entirety inasmuch as she could not deliver possession. As 1st respondent had elected not to accept performance in part. The Trial Court held that the agreement could not be specifically enforced. Image Sourc:e: guerrillafreelancing.com 2. Bar of period: ADVERTISEMENTS: Since the period of limitation bars a suit for specific performance of a contract, if brought after the period of limitation, it is open to a defendant in a suit for recovery of possession brought by a transferor to take a plea in defence of part performance…