What is Proclamation and Attachment under CrPC

Where the summons for the attendance of the accused person is to be issued, but the court believes the accused may abscond or when the accused fails to appear before the court without any reasonable cause, a warrant of arrest is issued.

Now, the warrant of arrest has been issued, and there is reason to believe that the accused has absconded or is hiding himself to avoid execution of the warrant.KEEP READING

Pleading under CPC - Easy Definition, Object, Importance, and Basic Rule

Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.

The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.KEEP READING

Role, Significance, and Functions of Governor

The governor is the head of the state. He is elected by the President of India and holds office at the pleasure of the President.

Governor acts as a bridge between union and state. He has to communicate the state’s aspiration to the union as an elder brother and brings issues of national significance at the state level like a postman.

KEEP READING

Summons under the Criminal Procedure Code

In general, summons means “to appear and answer before the court.”

The presence of the accused during the trial plays a vital role in concluding a fair trial. The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of proclamation or by attachment of property or bonds and sureties.KEEP READING

What is Criminal and Civil Contempt of Court - with Example, Punishment, Remedy, Appeal, Limitation, and Latest Case Laws

Any act done with an intention to disrespect or tarnish the image of the court or willful disobedience to any court order, judgement or decree can be defined as contempt of court.

Our Constitution has not precisely defined contempt of court, but according to Article 129, the Supreme Court has the power to punish for its contempt. Article 215 confers comparable powers to High Courts.KEEP READING

Lifting of Corporate Veil

A company is distinct from its members. It is a separate legal entity. There is, consequently, a veil between a corporation and its members, keeping them both detached from each other for better legal clarity in terms of overriding rights, duties and obligations. Nevertheless, occasionally it becomes obligatory to lift this veil, neglect the corporation’s distinct corporate entity, and discover the authenticity of the company.KEEP READING

Important Terms in Muslim Law

Muslim law is a part of personal laws or family laws. It is not a codified law. People belonging to Islam are governed through shariyat. While studying, there are many terminologies and terms which are difficult to be understood. Most of the terms are in Arab, but it is not that difficult.

Important Terms in Muslim Law

1. Ayyam-e-jahiliya- It refers to the pre-Islamic era.KEEP READING

Constitutional provisions on Centre State relations

1. Single Citizenship
2. The Centre Can Change the Name And Boundaries Of States
3. Single Unified Judiciary
4. Uniquely In Emergencies
5. Common All India Services
6. Inequality Of Representation In the Council of States
7. Appointment Of Governors
8. The Office Of Comptroller and Auditor General
9. Centralized Electoral Machinery
10. Financial Dependence Of StatesKEEP READING

6-Differences-Rioting-and-Affray

1. WHICH SECTION IN IPC?
Rioting is given under Section 146 of IPC.
Affray is given under Section 159 of IPC.

2. ESSENTIALS OF RIOTING
There must be an unlawful assembly.
The accused must be a member of such unlawful assembly.
Force or violence must be used by such unlawful assembly or by any member of such assembly.KEEP READING