How to Calculate Vehicle Accident Compensation in Death Cases?

To calculate just compensation in a death case, the first thing to be done is to calculate the annual income or dependency or multiplicand, after deducting the tax. Then deduct the personal expenses and living expenses from it. The resultant amount is termed as annual income or multiplicand or dependency. For this exercise the claimant must establish the age of the deceased, the income of the deceased and the number of dependents.

Transfer of an Advocate to another State

Applicant shall apply for No Objection Certificate and copy of the State Roll from the State Bar Council where he has enrolled. After obtaining the above said No Objection Certificate and copy of the State Roll, applicant shall file an application before the Bar Council of India in Form C (under Section 18 of the Advocates Act) along with the D.D. for Rs. 2000/- (Rupees Two Thousand only) drawn in favour of ‘Bar Council of India’ payable at New Delhi.

Contradictions & Omissions in Cross Examination

The term contradiction, in criminal law, refers to the same witness making two contradicting statements in two different stages in a judicial proceeding. Such contradictions are of two kinds: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior statement and subsequent statement by a witness can also be termed as contradiction by omission.

Stages of a Civil Suit in a Nutshell

Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

The Art of Cross Examination

Cross examination is the examination of a witness in a legal proceeding by the adverse party. It takes place after examination-in-chief: the examination of a witness by the party who calls him. Cross examination is followed by re-examination: the examination of the witness subsequent to the cross examination by the party who called him.

Police investigation: Its Legal Aspects

Investigation by police is the first stage in the criminal proceedings. It is an exclusive domain of police. It serves as a crucial step in punishing the offender. The police have unfettered powers to investigate into a cognizable offence, as per Section 156 of the Code of Criminal Procedure, 1973 (CrPC).

Filing a Complaint Case: Its Procedures

A complaint case is a case filed before a Magistrate, orally or in writing, by a complainant alleging commission of an offence by a known or unknown person, with a view to taking an action by him, under Section 190 (1) (a) of the Criminal Procedure Code, 1973 (CrPC). A complaint is a statement of facts which constitutes an offence.

Accused should Get Copies of All Documents

When a criminal case is instituted against a person on a police report the accused has the right to get a copy each of the First Information Report (FIR), statements of witnesses recorded by the police, the police report and other records filed along with the police report. This is an obligation of the Magistrate under Section 207 of the Criminal Procedure Code, 1973 (CrPC).  

Advocates have no right to Boycott the Court

The Supreme Court (SC) says with unequivocal clarity that advocates have no right to strike and/or give a call for boycott of court proceedings. The Advocates have no right to abstain from appearing in court in cases in which they hold vakalat for the parties. It is a quite unprofessional practice for a lawyer.