TARGET JUDICIARY

Pre-trial proceedings   This is the first stage of criminal proceedings. The objective of this stage is to ascertain, whether the suspicion of a committing a crime by a certain person is sufficiently substantiated in order to file an indictment to court. In this stage it is necessary to find and obtain evidence proving the guilt of the accused person, as well as other evidence disproving his guilt. The outcome of the whole criminal proceedings depends on correct execution of pre-trial proceedings. There is a new option to negotiate an agreement on the guilt and punishment in this stage between the accused person and public prosecutor.    Tasks in pre-trial proceedings:   - to secure the groundwork basis for the decision, whether to file an indictment and let the court deal with the case or to waive further criminal prosecution of the person concerned, - to ascertain all circumstances important for deciding on the criminal offense, its perpetrator, punishment a...

Is It True That FIR and Police Complaint are Different? FIR is a First Information Report. It is related only to cognizable (criminal) offences. On the other hand, police complaint can be cognizable or non-cognizable offences. FIR and Police complaint are two different terms with different meanings. Though they are related to complaints, they have different offenses and complaints where FIR and police complaints are registered accordingly. FIR is a First Information Report, a complainant who is aware of the offense, as an eye witness and as hearsay account, lodges an FIR. It is information given to the Police Officer. FIR is a very serious registration that one can make. It should not be gossip and that should be traceble, and after the complete investigation the source takes the responsibility. An irresponsible rumor should not result in the registration of a FIR. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or the inform...

10 THINGS EVERY INDIAN SHOULD KNOW ABOUT THE SPECIAL MARRIAGE ACT,1954 ‘Marriage’ is considered a sacred institution in our Indian subcontinent. It is an integral part of our culture. India is a diverse country and thus has people from a number of religions and cultures, residing here. When it comes to marriages in India, arranged marriages are considered the best way to get a boy and a girl to tie the marital knot. Indian parents are the ones who take utmost interest in it, right from the girl or boy they want their child to get married to, till the date and time of marriage. This is so because there prevails this thinking that they are a lot wiser and experienced than their children, and will decide the best for them. Indians consider marriage as an auspicious culmination of two souls, that they decide every ritual of marriage according to the astrological positioning of the stars of the bride and the groom. Earlier, marriages were commenced where the bride and the groo...

Why Uniform Civil Code is necessary for India? Uniform Civil Code is defined in our Constitution under Article 44 which states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. Now question arises what is Uniform Civil Code? It is the common set of governing rules for all citizens of India which refers to replace the personal laws (based on religious scriptures and customs). These laws are famous from public law and cover marriage, divorce, inheritance, adoption and maintenance. In fact Goa is the only state which has a common family law and 1954 Special Marriage Act allows any citizen to marry outside the realm of any special religious personal law. Now let us see our past from where uniform laws are originated. The British Government in 1840 on the basis of Lex Loci report had framed Uniform laws for crimes, evidences and contract but personal laws of Hindus and Muslims are left by them somewhere intentionally. On t...

🚨*CIVIL TRIAL*🚨 Trial of civil suit and follow the procedure stage by stage as under; 1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code. 2. Plaintiff has to issue summons within 30 days from the institution of suit. 3. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code 4. No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code. 5. Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code. 6. If parties fail to compromise the matter then court has to keep the matter for discovery and inspection within the time span of 7 –...

Judicial Review and Judicial Activism Judicial Review refers to the power of judiciary to review and determine the validity of a law or an order. On the other hand, Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for the society in general and people at large or judicial activism means the power of the Supreme Court and the high court but not the sub-ordinate courts to declare the laws as unconstitutional and void. Judicial Review: India has an independent judiciary with extensive jurisdiction over the acts of legislature and executive. Judicial review can be defined as the doctrine under which legislative and executive actions are subject to review by judiciary. It is generally considered as a basic structure of independent judiciary (Indira Gandhi vs. Rajnarain case). However, judicial review can be classified into three categories-reviews of legislative actions, review of judicial decisions, and review of administrative action. ...

Maternity Benefit (Amendment) Bill, 2016 passed in the Parliament  The Bill seeks to increase maternity leave available to working women from the current 12 weeks to 26 weeks for the first two children The Lok Sabha has passed the Maternity Benefit (Amendment) Bill, 2016 today. The Bill had already been passed by the Rajya Sabha during the Winter Session. With this, the Bill stands passed in the Parliament.  The Bill seeks to amend the Maternity Benefit Act, 1961 to provide for the following:- (i) Maternity leave available to the working women to be increased from 12 weeks to 26 weeks for the first two children. (ii) Maternity leave for children beyond the first two will continue to be 12 weeks. (iii) Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any ot...