Category: Politics & Government

Section 8 of the Code of Criminal Procedure provides that the State Government may, by notification, declare any area in that State comprising a city or a town with a population of more than one million to be a metropolitan area for the purpose of the Criminal Procedure Code. Moreover, Mumbai, Kolkata, Chennai and Ahmedabad are expressly declared by the Code to be metropolitan areas.In every such metropolitan area, there may be as many Courts of Metropolitan Magistrates as the State Government may specify, after consulting the High Court. The Presiding Officers of such Courts are to be appointed by the High Court, and the jurisdiction and powers of every Metropolitan Magistrate extend throughout the metropolitan area.In relation to every metropolitan area within its jurisdiction, the High Court appoints a…

In every district which is not a metropolitan area, there are Courts of Judicial Magistrates of the First Class and of the Second Class. The presiding officers of such Courts are appointed by the High Court. Whenever expedient or necessary, the High Court may confer the powers of the Judicial Magistrate of the First Class or of the Second Class on any member of Judicial Service of the State, functioning as a Judge in a Civil Court.In every district, not being a metropolitan area, a Judicial Magistrate of the First Class is appointed by the High Court to be the Chief Judicial Magistrate. The High Court may also appoint any Judicial Magistrate of the First Class to be an Additional Chief Judicial Magistrate, and if this is done, such a…

A serious question mark has been raised against the relevance of Marxism in the contemporary times. It has been alleged that Marxism as a political theory has failed. The critics have clung to demise of Soviet Union as a point of reference.In fact the rivalry between Marxism and its rival liberalism is not new. It has been a relatively old one. But, what is new in these attacks is the label of triumph of liberal democracy. The following points have been put forth in order to decry the relevance of Marxism. Firstly: ADVERTISEMENTS: It has been alleged that Marxism is essentially based on class analysis. But, today there are complex, multiple and even overlapping identities that demands tools and techniques beyond those offered by Marxism. These points have been raised…

Section 24 of the Code of Criminal Procedures provides that, for every High Court, the Central or the State Government shall appoint Public Prosecutors, after consulting the High Court. Likewise, one or more Additional Public Prosecutors may also be appointed. The function of such Prosecutors is to conduct, in that High Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be.Similarly, the Central Government may appoint one or more Public Prosecutors for conducting any case or class of cases in any district or local area.For every district, a Public Prosecutor is to be appointed by the State Government. It may also appoint one or more Additional Public Prosecutors for any district. image source: vakilno1.com ADVERTISEMENTS: For this purpose,…

The Most Important Applications of Diminishing Marginal Utility Law are listed below: (A) Marginal Utility of Money: Ordinarily people think that the law of Diminishing Marginal Utility will not be applicable to money. The more the money a man gets the merrier he will be. Money represents the generalised purchasing power.Money is not a commodity but a bundle of commodities. With the help of money we can purchase anything we like. So more money does not bring dissatisfaction nor marginal utility of money does diminish. Image Source: i.ytimg.com ADVERTISEMENTS: This is not true. The law also applies to the stock of money. If a man has more stock of money he is a rich man. If he has got less stock of money he is a poor man. A rich…

A judicial proceeding is defined to include any proceeding in the course of which evidence is or may be legally taken on oath.Thus, the power to take evidence on oath is the characteristic test of a judicial proceeding. It includes inquiry and trial, but not investigation.An inquiry in which evidence is legally taken is included in this term. An inquiry is judicial, if its object is to determine the jural relation between one person and another, or a group of persons, or between him and the community in general. Therefore, even a Judge acting without such an object in view, is not acting judicially. image source: 3.bp.blogspot.com ADVERTISEMENTS: An inquiry in which no discretion is to be used and no judgment to be formed, but something is to be done…

In every district and every metropolitan area, the State Government is empowered to appoint as many persons as it thinks fit to be Executive Magistrates. One of them is also to be appointed as the District Magistrate.Similarly, it may also appoint any Executive Magistrate to be an Additional District Magistrate. Moreover, the State Government can also confer, under any law in force, all the powers of an Executive Magistrate on a Commissioner of Police.The State Government can also place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires. Such a Magistrate is called the Sub-Divisional Magistrate. Under the 2005 Amendment, this power of the State Government may be delegated to the District Magistrate. image source: lexisnexis.com.au ADVERTISEMENTS: The State Government is…

Childhood is the primary stage of life. It knows no worry or anxiety, no good or evil. It is the period of both ignorance and innocence. The heart of a child is as pure as a crystal and it is also said that “God lives in a child”.But some people without understanding the importance of the fact that a child is God’s gift, abuse them to an extent that their future is ruined forever. However if they are lucky enough, they are guided by a mentor in the future who changes their view of the world explaining the significance of life and expliaining the fact that all individuals are not the same.Child abuse is a crime which is committed by individuals who are frustrated by their own lives. Abusing a…

Disability refers to the limitation of an individual’s ability in conducting day to day activities in a regular manner. If an individual possesses a hearing disorder, a visual disorder or if any of the body parts of the individual fail to function in the regular systematic manner, he or she is said to be disable.There are special schools established both by the government and the private institutions which help in training these disabled sections of the society in a way that these people can lead a near normal life.It is a matter of pride today that normal people both young and old are involved in providing services to the disabled just to ensure that they lead a better life. Even the government provides aid and special provisions to the disabled…

For Bentham, utilitarianism was both a descriptive and normative theory it not only described how human beings act so as to maximise pleasure and minimise pain, but it also prescribed or advocated such action.According to the principle of utility, the cause of all human action, that which motivates human beings to act, is a desire for pleasure. Utility Or happiness is defined in terms of pleasure: a thing/action is useful if it brings about happiness, that is, pleasure: “By utility is meant that property in any object, whereby it tends to produce benefit, advantage, pleasure, good or happiness.”A person’s interest also has the same content that of pleasure “something is in the interest of a person when it tends to add to the sum total of his pleasures or diminish…