Category: Government

Presumption as to collections of laws and reports of decisions:The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country,— and of every book purporting to contain reports of decisions of the Courts of such country. Image Source: nationalvapeassociation.org ADVERTISEMENTS: Comments: This section has to be read with Section 38 which makes relevant statements as to any law and rulings contained in officially printed books of any country. Under section 84 the court shall presume the genuineness of law book or report printed and published under the authority of the concerning Government. It also dispenses with the proof of genuineness of the officially printed books of any…

Section 129 provides that any Executive Magistrate or Officer in charge of a Police Station (and in the absence of such an Officer, any Police Officer not below the rank of a Sub-Inspector) may command any unlawful assembly, or any assembly of five or more persons, likely to cause a disturbance of the public peace, to disperse. If he does so, it becomes the duty of the members of such an assembly to disperse accordingly. Image Source: upload.wikimedia.orgIf they do not, the Executive Magistrate or Police Officer may proceed to disperse such an assembly by force, and may require the assistance of any male person (not being an Officer or member of the Armed Forces) for dispersing the assembly, and if necessary, for arresting the persons forming part of such…

Law and Public administration are also very closely linked with each other. Wilson in The Study of Administration’ has said, “The study of administration philosophically viewed, is closely connected with the study of proper distribution of authority.” Image Source: bcos.orgA public administrator is required to work within the framework of laws and as such he must have a close study and knowledge of laws of the land. He is also required to see that there is nothing contrary to the existing rules and also constitution of the country. ADVERTISEMENTS: Not only this but we also find that in many countries of the world, public administration is considered as a part of the constitution and studied as one of its aspects which amply justifies that there is very close relationship between…

7 Main Disadvantage of Monopolistic Competition are described below:Despite several advantages, monopoly has encountered bitter criticism both from the Government and from the general public. Following are some of the evils of monopoly. Image Source: opsuite.com(i) Since, monopoly firm is a price maker, it charges high price to secure maximum monopoly revenue. Consumers have no option, but to pay the price fixed by the monopolist. A monopolist does not face competition, he often exploits the consumers.(ii) Since, monopolist cares only for his monopoly profit, he does not worry, whether the cost is rising, falling or is constant. Thus, monopoly implies distortions in the allocation of resources. It exploits a smaller number of factors than is economically necessary. The resources are not fully exploited and the plant capacity remains under-utilised. The…

Legal provisions regarding power of High Court to transfer cases and appeals under section 407 of the Code of Criminal Procedure, 1973.Section 407 of the Code of Criminal Procedure provides the following provisions relating the power of High Court to transfer cases and appeals:(1) Whenever it is made to appear to the High Court: ADVERTISEMENTS: (a) That a fair and impartial inquiry or trial cannot be had in any criminal Court subordinate thereto; or(b) That some question of law of unusual difficulty is likely to arise;or(c) That an order under this Section is required by any provision of’ this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may, order,— ADVERTISEMENTS: (i) That any offence be inquired…

Apart from being a tort, defamation is also a crime under Chapter XXI of the Indian Penal Code. However, no Court can take cognizance of such an offence, except upon a complaint made by some person who is aggrieved by such offence. If such person is under 18, or is an idiot or a lunatic, or is unable to complain because of sickness or infirmity or is a pardanashin woman, some other person may make a complaint on behalf of such person, with the leave of the Court. Image Source: forensisgroup.comIf such offence of defamation is alleged to have been committed against a person who, at the time of its commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union…

Section 108 provides that if an Executive Magistrate receives information that there is, within his local jurisdiction, any person who—(i) Either orally or in writing or in any other manner, intentionally disseminates, or attempts to disseminate, or abets the dissemination of,— Image Source: codecondo.com ADVERTISEMENTS: (a) Any matter the publication of which is punishable under S. 124A or S. 153A or S. 153B or S. 295A of the Indian Penal Code, 1860, or(b) Any matter concerning a Judge acting or purporting to act in the discharge of his official duties, which amounts to criminal intimidation or defamation under the Indian Penal Code, 1860; or(ii) Makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any…

Section 190 of the Code of Criminal Procedure provides that any Magistrate of the First Class and any Magistrate of the Second Class who is specially empowered to do so, may take cognizance of an offence— Image Source: newsfirst.lk(a) Upon receiving a complaint of facts which constitute such offence; or ADVERTISEMENTS: (b) Upon a police report of such facts; or(c) Upon information received from any person other than a Police Officer, or upon his own knowledge, that such offence has been committed.If a Magistrate takes cognizance of an offence under clause (c) above, before any evidence is taken, the accused must be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused objects to further proceedings being taken before the…

Whereas an order can be passed under S. 106 only when a person is convicted, S. 107 deals with apprehension of a future imminent breach of the peace, whether or not there has been any previous conviction against such a person. S. 107, therefore, provides that if an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility, or do any wrongful act which might occasion a breach of the peace or disturb public tranquility, he may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace, for such period as the Magistrate thinks fit, not however, exceeding a period of one year. Image Source:…

Legal provisions regarding procedure in case of accused being lunatic under section 328 of the Code of Criminal Procedure, 1973.(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. Image Source: thedailystar.net ADVERTISEMENTS: (2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions…