Category: Politics & Government

Legal provisions regarding when officer in charge of police station may require another to issue search warrant under section 166 of the Code of Criminal Procedure, 1973.(1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or in different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. Image Source: acandyrose.com ADVERTISEMENTS: (2) Such officer, on being so required, shall proceed according to the provisions of Section 165, and shall forward the thing found, if any, to the officer…

Section 5 of the Specific Relief Act, 1963 Provides that:A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Proce­dure, 1908 (5 of 1908). Image Source: vishnudebtsolution.com 1. Adverse Possession: ADVERTISEMENTS: Adverse possession means a hostile asser­tion i.e. a possession which is expressly or impliedly in denial of title of the true owner. Under Article 65, burden is on the defendants to prove affirma­tively. A person who bases his title on adverse possession must show by clear and unequivocal evidence i.e. possession was hostile to the real owner and amounted to a denial of his title to the property claimed. In deciding whether the acts, alleged by a person, constitute adverse possession, regard must be had to be…

Section 13 of the Specific Relief Act, 1963 Provides that: 1. Consideration for: The agreement to sell the land subject to ob­taining the permission about the use of land prior to execution of sale deed is not contingent but was specifically enforceable. The suit filed within three years from the date of permission is not barred by limitation. Image Source: c14608526.r26.cf2.rackcdn.com 2. Entitled to sue for possession: ADVERTISEMENTS: In view of Exhibit the plaintiff had obtained an interest in the property leased and he was entitled to sue for possession of the same on his own right, if there were no other legal im­pediments. That being so, the suit for specific performance is misconceived, even if it is maintainable. The proper relief was to sue for possession and the plaintiff…

Section 82 of the Code provides that if a Court has reason to believe that any person to whom a warrant has been issued by it has absconded, or is concealing himself so that the warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time, which should not be less than 30 days from the date of publishing the proclamation.Such a proclamation is to be published as follows:(a) It must be publicly read in some conspicuous place of the town or village in which such person ordinarily resides. ADVERTISEMENTS: (b) It must be affixed to some conspicuous part of the house where such person ordinarily resides.(c) A copy of the proclamation must also be affixed to…

228 Multiple Choice Questions (MCQs) with Answers on “Sociological Foundations of Education” for Education Students – Part 3:201. Modernisation implies mobility which may be of any kind except (a) Physical mobility.(b) Social mobility. ADVERTISEMENTS: (c) Scientific mobility.(d) Psychic mobility.202. Which is not characteristic of modernisation? ADVERTISEMENTS: (a) Religious faith(b) Participation(c) Empathy.(d) Mobility. ADVERTISEMENTS: 203. Which article of the Indian Constitution proclaims that “untouchability is abolished”? (a) Article 17(b) Article 14(c) Article 16(d) Article 46. 204. What is not involved in leadership? (a) The supremacy based on personality cult(b) Understanding based on co-operation(c) The goal motivation and role achieve­ment(d) Maintenance of group norms and values.205. Which among the following is the advantage that does not come to the followers under a specific leadership? (a) The goal achievement satisfaction(b) It saves the…

14 Important Differences between Administrative Tribunals and Courts are as follows: Administrative Tribunal: 1. Administrative Tribunal need not follow C.P.C., Evidence rules. ADVERTISEMENTS: 2. It deals with only the service matter.3. The members need not be a trained person in law.4. The decision is subjective.5. It is more rapid, cheap and efficient. ADVERTISEMENTS: 6. It is a new trend in the world, including India.7. It solves the service matters basing on departmental policy and technicality.8. It need not follow precedents, principles of res judicator, estoppels.9. ‘Independence of judiciary’ principle is not seen in Administrative tribunals. The executive interferes with the tenure, terms and conditions of service of the members and Chairman. Of course, certain constitutional guarantees are provided to check the executive power. ADVERTISEMENTS: 10. Strictly speaking, it is a…

Legal Provisions of Section 377 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Appeal by the State Government Against Sentence: ADVERTISEMENTS: The right to appeal against inadequacy of the sentence has been given only to the State or the Central Government and not to the complainant or any other person. However, the complainant or any other person can move the revisional Court in revision for this purpose and the revisional Court, i.e., the High Court or the Court of Session, as the case may be, may exercise its revisional jurisdiction and decide to enhance the sentence. It may also decide to act suo motu and enhance the sentence.Where the trial Court has recorded conviction of the accused but instead of awarding sentence of imprisonment, allowed him to be released on probation,…

A petition for compulsory winding up of a company may be filed in the court by any of the following persons (Sec. 439). 1. Petition by the company: A company can make a petition to the court for its winding up by an order of the court, when the members of the company have resolved by passing a special resolution to wind up the affairs of the company. Managing 2. Petition by the creditors: A creditor may make a petition to the court for the winding up of the company, when he is able to prove that die company is unable to pay off his debts exceeding 1500 within three weeks of the notice of demand or where a decree or any other process issued by the court in his…

When a party does not ask for an op­portunity for granting a personal hearing, there can be no injustice in not following that course. In another Calcutta case, no personal hearing was asked for or sought in the reply to the show-cause notice. It was held that—(a) Personal hearing or right to cross-examine is not in every case part of the reasonable opportunity. ADVERTISEMENTS: (b) It depends upon the facts and circumstances of each case.The Gujarat High Court held that:1. Before Article 311 (2) of the Constitution was amended in 1963, the decision of the various High Courts were not uniform—(a) On the subject of personal hearing being given to the delinquent, and ADVERTISEMENTS: (b) On the subject whether reasonable opportunity to be given to the servant was meant that…

From (Name) (Address) (Date)To The Editor, Dear Sir,I shall be highly obliged if you would kindly leave a little space in your esteemed Daily to highlight the following. ADVERTISEMENTS: Sir – “In a progressive city like ____________ (Place) mendicancy on the streets really poses a great nuisance which speaks ill of the city in the minds of the foreigners who are least accustomed to such malaise. It is poignant to mention that the number of street beggars is on the rapid increase in the city of ____________ (Place) and it calls for immediate eradication from the nuisance of the beggars. On the footpaths beggars continue to follow the pedestrians for alms till such time they are provided with the same. Also they find other lucrative places like bus stands and…