Category: Government

Legal Provisions of Section 99 of Indian Penal Code, 1860.Act against which there is no right of private defence: This section deals with the general restrictions or limitations which have been put on the right of private defence. In other words, this section lays down certain basic principles which must always be kept in mind while dealing with this defence. Section 97 expressly states, as already seen earlier, that the right of private defence is subject to the restrictions contained in section 99 of the Code. These restrictions have been enumerated in the form of four principles dealt with in four paras under this section. Image Source: khanlegal.com.au ADVERTISEMENTS: The First ParaWhenever an act is done or attempted to be done by a public servant who acts in good faith…

Legal Provisions of Section 5 of Indian Penal Code, 1860.Certain laws not to be affected by this Act:This section excludes the jurisdiction of the Indian Penal Code in cases of mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India which are punishable under any Act or the provisions of any special or local law. Mutiny and desertion needed to be tackled separately. Many other countries also do likewise. Accordingly, this section specifically mentions that the Code shall not affect the provisions of any Act punishing mutiny and desertion in the Army, Navy or Air Force. The main Acts in this connection are the Army Act, 1950, Navy Act, 1957, Air Force Act, 1950 and Air Force and Army Laws (Amendment) Act, 1975.…

Section 2 explains about the intra-territorial jurisdiction and the personal jurisdiction.Sec. 2. Punishment of offences committed within India:Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. ADVERTISEMENTS: Important Points:A. Section 2 explains about intra-territorial jurisdiction of the Indian Criminal Courts. Every person shall be punished, who commits an offence, within India. The words “Every person” clearly say that subject to the General Exceptions (Chapter-IV), every person, irrespective of his caste, region, religion, etc., shall be punished, if he is proved guilty under the provisions of this Code. Image Source : i.ytimg.com ADVERTISEMENTS: B. Foreigner: A foreigner, who is a guilty of any offence under this Code, shall be…

1. The world as World Environmental day is celebrated on:(a) December 1(b) June 5 ADVERTISEMENTS: (c) November 14(d) August 15 Image Source: foodtank.com2. The provisions for environmental protection in the constitution were made in: ADVERTISEMENTS: (a) 1976(b) 1950(c) 1982(d) 1960 ADVERTISEMENTS: 3. The provisions of environmental protection in the constitution were made under:(a) Article 5-A(b) Article 21-B(c) Article 27-B (h)(d) Article 48-A and Article 51-A (g) 4. The first of the major environmental protection act to be promulgated in India was:(a) Water Act(b) Air Act(c) Environmental Act(d) Noise Pollution Rule5. The Forest (Conservation) Act was enacted in the year:(a) 1986(b) 1974(c) 1980(d) 19726. The Forest (Conservation) Act extends to the whole of India except:(a) Uttar Pardesh(b) Karnataka(c) Jammu and Kashmir(d) Haryana7. Penalty for conservation of the provisions of the Forest…

Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the, whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee has been paid in the first instance.Under the provisions of S. 149, C.P.C., as a practice, the courts grant time for payment of the court-fee on coming to an adverse conclusion on a pauper application. If the court in which the pauper application is…

[Prior to the amendment of Art. 133 of the Constitution and S. 109 of the Code of Civil Procedure and deletion of S. 110 of the Code, the appellate jurisdiction of the Supreme Court in civil matters was as follows:(1) There was an unrestricted right to appeal to the Supreme Court where the value of the subject-matter of the dispute was not less than Rs. 20,000 or where the order of the High Court involved directly or indirectly some claim or question respecting property of that amount or value(a) If the judgment or the final order of the High Court was passed in exercise of its original jurisdiction (ordinary or extraordinary). ADVERTISEMENTS: (b) If in exercise of its appellate jurisdiction the High Court reversed the judgment or order of the…

(1) Where in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the Union of India or a State, or, as the case may, be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-s. (2).(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such decree.(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree if the order or award ADVERTISEMENTS: (a) Is passed or made against…

(1) Subject to such conditions and limitations as may be prescribed and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.Scope of Section 35: ADVERTISEMENTS: Section 35 deals with costs. It provides that:(1)…

Summonses and other processes issued by:(a) Any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or(b) Any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or ADVERTISEMENTS: (c) Any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.Essentials of a summons:Every summons shall: (i) intimate to the defendant of the date of hearing and whether he is to appear in person or by a pleader; (ii) contain…

Panchayati Raj refers to self-governing rural local bodies. These are institutions of democratic decentralisation having the purpose of giving power to the local people to participate in and shape the democratic and development process.In a vast, diverse and complex subcontinent, decentralisation is a political and administrative imperative. In this context the significance of the Panchayati Raj is unmistakable. Yet for most of the post-Independence period, Panchayati Raj has not been in good shape.Since 1992, when the 73rd Constitution Amendment Act was passed, there has been a revival of sorts for the Panchayati Raj. Thus, the discussion falls into two parts with the 73rd Amendment Act as the watershed: the first is the prelude to the second. Image Source: cdn.yourarticlelibrary.com Panchayats in history: India has known panchayats since antiquity. In its…