Channel: LawNotes📚LLB©
Cr P.C. is a ...........?
Anonymous Quiz
23%
a) Substantive Criminal Law
3%
b) Local Law
71%
c) Procedural Law
2%
d) Personal Law
In case of Cognizable offence, Police can arrest the offender-
Anonymous Quiz
17%
a With warrant
61%
b) without warrant
20%
c) with and without warrant
1%
d) None of these
A Complaint is made to.....?
Anonymous Quiz
41%
a) Supdt. of Police
48%
b) Magistrate
2%
c)Gram Mukhiya
8%
d) Public Prosecutor
High Court is the highest Court of -----------------?
Anonymous Quiz
7%
a) The Country
78%
b) The State
5%
c) The District
10%
d) The District and the State
Investigation is conducted to-----------------?
Anonymous Quiz
72%
a) To collect the evidence
4%
b) To arrest the offender
7%
c) To arrest and punish the suspect
18%
d) To produce the suspect before the Magistrate
Inquiry is conducted by a----------------------?
Anonymous Quiz
39%
a) Magistrate or Court
36%
b) Police officer
3%
c) Private Person
23%
d) Magistrate and Police Officer
Can FIR be treated as dying declaration?
Supreme Court Of India held that statement by injured individual recorded as FIR can be considered as dying declaration and such statement is admissible under Section 32 of Indian Evidence Act. It was additionally held that dying declaration must not cover the complete incident or narrate the case history.
Supreme Court Of India held that statement by injured individual recorded as FIR can be considered as dying declaration and such statement is admissible under Section 32 of Indian Evidence Act. It was additionally held that dying declaration must not cover the complete incident or narrate the case history.
Who records dying declaration?
Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication.
Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication.
What if person survives after dying declaration?
Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person's death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.
Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person's death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.
🌟Right To Work is Not A Fundamental Right Under Art.21
🌟 The court distinguished the ruling in _Olga Tellis v. Bombay Municipal Corporation_ and held that “in that case the petitioners were very poor persons who had made pavements their homes existing in the midst of filth and squalor and that they had to stay on the pavements so that they could get odd jobs in the city. It was not the case of a business of selling articles after investing some capital.”
🌟 In _Secretary, State of Karnataka v. Umadevi_, the Court rejected that right to employment at the present point of time can be included as a fundamental right under Right to Life under Art. 21.
🌟 In _Sodan Singh v. New Delhi Municipal Committee_ , the five-judge bench of the Supreme Court distinguished the concept of life and liberty within Art.21 from the right to carry on any trade or business, a fundamental right conferred by Art. 19(1)(g) and held the right to carry on trade or business is not included in the concept of life and personal liberty. Article 21 is not attracted in the case of trade and business.
🌟 The court distinguished the ruling in _Olga Tellis v. Bombay Municipal Corporation_ and held that “in that case the petitioners were very poor persons who had made pavements their homes existing in the midst of filth and squalor and that they had to stay on the pavements so that they could get odd jobs in the city. It was not the case of a business of selling articles after investing some capital.”
🌟 In _Secretary, State of Karnataka v. Umadevi_, the Court rejected that right to employment at the present point of time can be included as a fundamental right under Right to Life under Art. 21.
🌟 In _Sodan Singh v. New Delhi Municipal Committee_ , the five-judge bench of the Supreme Court distinguished the concept of life and liberty within Art.21 from the right to carry on any trade or business, a fundamental right conferred by Art. 19(1)(g) and held the right to carry on trade or business is not included in the concept of life and personal liberty. Article 21 is not attracted in the case of trade and business.
What is a Special Power of Attorney?
A special power of attorney is a legal document outlining the scope of authority given to an agent, known as “an attorney in fact,” by the principal. Under the special power of attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions. It is also referred to as Limited Powers of Attorney (LPA) and is used as evidence of the principal’s authority to the third person with whom the principal may be dealing with.
A special power of attorney is a legal document outlining the scope of authority given to an agent, known as “an attorney in fact,” by the principal. Under the special power of attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions. It is also referred to as Limited Powers of Attorney (LPA) and is used as evidence of the principal’s authority to the third person with whom the principal may be dealing with.
WHAT ARE THE DIFFERENCES BETWEEN RIOTING AND AFFRAY
6 Differences Between Rioting and Affray
1. RELEVANT 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 an unlawful assembly.
Force or violence must be used by such unlawful assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY
A fight between two or more persons.
It must be in a public place.
The fight must disturb public peace.
3. PLACE
Rioting may be committed at any place, whether public or private.
Affray is committed only in a public place.
4. NUMBER OF PARTIES
In rioting, there must be a minimum of five persons.
In affray, a minimum of two persons are required.
5. PUNISHMENT
In rioting, every member is punishable irrespective of whether he has actively participated or not.
In affray, only those persons are punished who are participating.
6. NATURE
Rioting is more serious in nature.
Affray is less serious in nature
6 Differences Between Rioting and Affray
1. RELEVANT 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 an unlawful assembly.
Force or violence must be used by such unlawful assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY
A fight between two or more persons.
It must be in a public place.
The fight must disturb public peace.
3. PLACE
Rioting may be committed at any place, whether public or private.
Affray is committed only in a public place.
4. NUMBER OF PARTIES
In rioting, there must be a minimum of five persons.
In affray, a minimum of two persons are required.
5. PUNISHMENT
In rioting, every member is punishable irrespective of whether he has actively participated or not.
In affray, only those persons are punished who are participating.
6. NATURE
Rioting is more serious in nature.
Affray is less serious in nature
Every year you must have seen that on the occasion of Independence Day and Republic Day, in the spirit of patriotism, people put the national flag on their car, but do you know that not everyone can fly the flag of India on car and violation of such law can land that person in Jail.
Who can Fly Flag on Motor Car?
According to Section IX of the Flag Code special privileges have been conferred upon some constitutional dignitaries to fly flag on the motor-cars. These dignitaries are:
President and the Vice President of India,
Governor and the Lieutenant Governor,
Prime Minister and other Cabinet Ministers
Minister of State at the Center
Chief Minister and Cabinet Minister
Lok Sabha Speaker
Rajya Sabha Vice Chairman and Deputy Speaker of Lok Sabha,
Speakers of Indian Missions Posts abroad,
Speakers of Legislative Assemblies and Councils
Chief Justice of India, Judges of Supreme Court, Chief Justices and Judges of High Court.
Who can Fly Flag on Motor Car?
According to Section IX of the Flag Code special privileges have been conferred upon some constitutional dignitaries to fly flag on the motor-cars. These dignitaries are:
President and the Vice President of India,
Governor and the Lieutenant Governor,
Prime Minister and other Cabinet Ministers
Minister of State at the Center
Chief Minister and Cabinet Minister
Lok Sabha Speaker
Rajya Sabha Vice Chairman and Deputy Speaker of Lok Sabha,
Speakers of Indian Missions Posts abroad,
Speakers of Legislative Assemblies and Councils
Chief Justice of India, Judges of Supreme Court, Chief Justices and Judges of High Court.
Forwarded from Law E-books & Acts
BHARATIYA SAKSHYA ADHINIYAM, 2023.pdf
1.2 MB
Bhartiya Sakhya Adhiniyam 2023
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023.pdf
1.9 MB
Bhartiya Nagrik Suraksha Sanhita 2023
BHARATIYA NYAYA SANHITA, 2023.pdf
1.3 MB
Bhartiya Nyaya Sanhita 2023
Good news for Delhi Lawyers!!!
New Delhi, 1st Jan 2024 (PTI) The Delhi government is inviting fresh applications for the Chief Minister Advocates Welfare Scheme under which lawyers, who are residents of the capital, are provided Rs 5 lakh medical insurance and term insurance of Rs 10 lakh. ... “Another good news for Delhi's legal fraternity!
New Delhi, 1st Jan 2024 (PTI) The Delhi government is inviting fresh applications for the Chief Minister Advocates Welfare Scheme under which lawyers, who are residents of the capital, are provided Rs 5 lakh medical insurance and term insurance of Rs 10 lakh. ... “Another good news for Delhi's legal fraternity!
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