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…
No Disrespect in Addressing Chief Justice of India as ‘Mr Chief Justice’
Addressing a judge in the court as "my lord", "your lordship" or "your honour" has been a matter of divided opinion many a time, not only in the Bar or…
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…
Law relating to Vakalatnama in Civil Cases
The Vakalatnama enables the advocate appearing for the litigant to do several acts as an agent of the litigant who remains as the principal. It creates a special relationship between the lawyer and the litigant. It regulates the extent of delegation of authority to the advocate in regard to the conduct of the judicial proceedings and the terms and conditions governing such delegation. It should, therefore, be properly filled, attested and accepted with due care and caution.
Distinction between Culpable Homicide & Murder
The crime of killing a human being by another human being is categorized as Culpable Homicide under Section 299 and as Murder under Section 300 of the Indian Penal Code (IPC). The Sections separate the most heinous killing from those which are less serious ones in nature. Even though both provisions relating to Culpable Homicide and Murder correspond with each other, the difference in both the offences – Culpable Homicide and Murder - lies in the certainty of death in the latter. In fact the difference is in regard to gravity - the seriousness of the act of crime.If the act of the accused is so dangerous with no possibility of survival for the victim, it is an apt case of Murder. If a person dies out of an intentional act of cutting someone’s head, then there is no chance for his survival. Then that is nothing but Murder. On the other hand, if an act of crime leaves the victim with some chance for escaping death it is a case of Culpable Homicide.