Plea Bargaining and its Procedures
What is plea bargaining? Plea bargaining essentially is pre-trial negotiation (bargaining) between the accused and the prosecution. In plea bargaining, what really happens is that the accused pleads guilty in…
Search & Seizure by Police without Warrant
Search and Seizure Search and seizure of documents or material objects is indispensible during investigation and prosecution of crime. The Station House Officer (SHO) or Investigation Officer is provided with…
Succession, Legal Heirship & related Certificates
Legal Heirship Certificate (LHC), Succession Certificate (SC) and Letters of Administration (LoA) have close relation. They serve a common purpose – they are being used for devolution of some rights on the property of a person died intestate, to their legal descendants.
The above said certificates, because of their misleading names, create some confusion in the minds of not only ordinary people but also some learned lawyers also. This write-up intends to bring in some clarity in regard to the basic nature of those certificates governing inheritance and succession.
Ordering Police Assistance by a Civil Court
Police assistance by civil courts No specific provision is provided in the Civil Procedure Code, 1973 (CPC) for enabling a civil court to order police assistance to a party to…
Temporary Employees cannot be made Permanent
Not to make temporary employees permanent The judgment of the Constitutional Bench of the Supreme Court (SC) in The Secretary, State of Karnataka v Umadevi in the year 2006 categorically…
Thirty years old Will duly executed needs no further proving by witnesses
Execution and attestation of Will A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA), requires to be attested by two or more witnesses. Each of the…
Attachment of Salary of Government Officers
Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates.
Not to disclose 164 Statement during Investigation
Introduction An accused or any other person is not entitled to get a certified copy of the deposition recorded under Section 164 CrPC (Criminal Procedure Code, 1973) during the stage…
Advocates Need not Address a Judge as “My Lord” or “Your Honour”
During the hearing of a Public Interest Litigation (PIL) Petition filed in 2013 by a 75 year old advocate Shiv Sagar Tiwari stating that addressing the judge as "my lord or your lordship" in courts was a relic of colonial era and a sign of slavery and pleading that the practice should be banned, the SC bench consisting of Justices H L Dattu and S A Bobde has made it clear that they do not insist on such an exclusive mode of addressing and what is required is nothing but a respectable way of addressing the Judge.
Noise Pollution : Laws relating to it
Citizens have right to a pollution-free environment The citizen has the right to enjoy life in its entirety along with every permissible pleasure associated with it. The Article 21 of…