Category: Government

The persons who may produce the child who is in need of care and protection, before the Child Welfare Committee as specified in this section are— Image Source: cwa3122.org(i) Any police officer, or special juvenile police unit or a designated police officer, ADVERTISEMENTS: (ii) Any public servant;(iii) Childline or any registered voluntary organisation or agency authorised by the State Government and dealing with child welfare.(iv) Any social worker or public spirited citizen authorised by the State Government, or(v) Child himself. ADVERTISEMENTS: The child may be entrusted to the custody of Children’s Home pending inquiry under the rules framed by the State Government in this regard under the Act.The High Court of Bombay in Sayaji Hanmant Bankar v. State of Maharashtra, held that where the Investigation Officer had taken charge of…

After Mir Jafar’s death in 1765, the new Nawab of Bengal signed a treaty with Clive, handing over the powers of military and criminal jurisdiction to the Company. Image Source: im1.indiarailinfo.comClive concluded the Treaty of Allahabad (1765) with Shuja-ud-daulah on the following terms. ADVERTISEMENTS: i. Awadh was restored to Shuja-ud-daulah in return for a sum of money.ii. Shuja-ud-daulah ceded Kora and Allahabad on condition that the Company would protect him against invasions. Awadh thus became a buffer state (neutral zone), which would protect Bengal from the direct impact of an invasion from the north-west.Shah Alam II issued a farman (royal order) in 1765, granting the Company the diwani (right to collect revenue) of Bengal, Bihar and Orissa on a permanent basis. In return, the Company gave him the districts of…

Section 26 of C.P.C. stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.Order VII: Rule 1, prescribes the essentials or particulars of the plaint Image Source: risk.net ADVERTISEMENTS: A plaint is a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff.The essentials or particulars of plaint are (Order VII: Rule 1)(a) The name of the plaintiff,(b) The name, description and place of residence of the plaintiff, ADVERTISEMENTS: (c) The name, description and place of residence of the defendant,(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a…

For the purposes of computation of period of limitation for the purposes of Limitation Act, is explained under Sections 12 to 15 of Limitation Act, 1963.Exclusion of time in legal proceedings [Sec. 12(1)]:In computing the period of limitation for any (a) suit, (b) appeal, or (c) an application; the day from which such period is to be reckoned shall be excluded. Image Source: 4.bp.blogspot.com ADVERTISEMENTS: Example:if a suit is to be filed for recovering of money on a promissory note, dated 01-2-1989, the limitation ends on 1-2-92, here the day on which the promissory note was executed excluded as per Sec. 12(1) i.e., 1-2-89.Clause explains two aspects namely: ADVERTISEMENTS: 1. exclusion of date of judgement, in case of appeal or an application for leave to appeal or for revision or…

One of the modes of executing decrees is arrest and detention in civil prison of the Judgement-debtor. Sees. 55 to 59 and Rules 37 to 41 of Order 21 deal with arrest and detention of the judgement-debtor in civil prison. Procedure: A judgement-debtor may be arrested at any time and on any day in execution of a decree. After his arrest, he must be brought before the Court as soon as practicable. Image Source: orig05.deviantart.net ADVERTISEMENTS: For the purpose of making arrest, no dwelling house may be entered after sunset or before sunrise. Further, no outer door of a dwelling house may be broken open unless such dwelling house is in the accompany of the judgment-debtor and he refuses to prevents access thereto.Again, where the room is in the actual…

Section 26 of C.P.C. stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.Order VII: Rule 1, prescribes the essentials or particulars of the plaintA plaint is a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff. ADVERTISEMENTS: The essentials or particulars of plaint are (Order VII: Rule 1) Image Source: mindtransformingblog.files.wordpress.com(a) The name of the plaintiff,(b) The name, description and place of residence of the plaintiff, ADVERTISEMENTS: (c) The name, description and place of residence of the defendant,(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a…

The Doctrine of Res-judicata is based on the following three maxims:1. Nemo Debet Lis Vexari Pro Una Et Eaden Causa – No man should be vexed twice over for the same cause;2. Interest Republicate Ut Sit Finis Litium- It is in the interest of the State that there should be an end to a litigation; and Image Source: i.ytimg.com ADVERTISEMENTS: 3. Res Judicata Pro Veritate Occipitur – A judicial decision must be accepted as correct.The doctrine of Res Judicata has been explained in the simplest possible manner by Das Gupta, J., in the case of Satyadhyan vs. Smt. Deorajin Debi in the following words:The principle of Res Judicata is based on the need of giving finality to judicial decisions. What it says is that once a res is judicata, it…

Attachment of Property: Attachment of property of the judgement-debtor is one of the steps taken by the decree holder for satisfaction of his decree. The underlying object of the attachment of the property is to give notice to the judgement-debtor not to alienate his property and also serves as notice to general public not to purchase or deal with the property.Further, judgement-debtor is given an opportunity to raise funds to satisfy the decree and avoid sale of his property. Image Source: innovategov.org ADVERTISEMENTS: The Sections 60 to 64 and Order 21, Rules 41 to 59 of C.P.C. deal with the subject of attachment. Property that can be attached: Sec. 60 – Properties liable to attachment and sale in execution of decree.1. The following properties are liable to attachment and sale…

The following are three exceptions to the general rule that a person tried and convicted or acquitted of an offence cannot be tried again for the same offence.(i) As per sub-section (2) of Section 300 of the Code, a person acquitted or convicted of any offence may be afterwards tried with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of Section 220 of the Code. Section 300(2) of the Code applies only when both complaints relate to same offence. The expression ‘distinct offence’ means an offence entirely unconnected with a former offence charged. Image Source: ooneytunes09.files.wordpress.com ADVERTISEMENTS: Illustrations:(a) A is charged by a Magistrate of the second class with, and…

The 10 Most Important Salient Features of the Probation of Offenders Act, 1958 are listed below:(1) The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by rehabilitate in society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence by keeping them in jails along with hardened criminals. Image Source: i.ytimg.com ADVERTISEMENTS: (2) It aims to release first offenders, after due admonition or warning with advice who are alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of any offence punishable with imprisonment for not more than two years, or with fine, or with both.(3) This Act empowers the Court to release certain offenders on probation…