July 2019

Statutory (Default) Bail

Statutory Bail The grant of Bail is almost always dependent on merit except in cases of statutory or default bail, which is covered in section 167(2) of the Criminal Code of Procedure, 1973 where a trial Court grants bail to the applicant upon failure of the police to submit a charge-sheet within the stipulated time after the arrest. The subsection is further bifurcated to provide for entitlements of an accused of obtaining the bail. Time Period Subsection (a) (i) of this Section provides that 90 days is the maximum permissible custody. When the offense being investigated is an offense punishable with death or imprisonment...

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How to file for Anticipatory Bail?

File for Anticipatory Bail

Envisaged under section 438 of the Criminal Procedure Code, Anticipatory bail is granted to a person who has an apprehension of arrest in a criminal case. Bail is a relief that a person may receive in order to get temporary freedom until the final judgment of the case is delivered. Depending on how grave the allegations are, a person may be able to avoid arrest. A person can apply for the anticipatory bail even before an FIR is filed by the police, on anticipation that the person has grounds to believe he will be arrested in the near future. In cases pertaining to dowry, anticipatory...

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Concept and Types of Bail

Bail is a term which denotes the provisional release of an accused individual in a case in the criminal court, the decision of which is yet to be delivered. It essentially means a security deposit which guarantees that the accused will present himself in the court whenever required to. The objective of arresting someone is to ensure their presence in the Court to ensure the conveyance of justice. However, this guarantee is ensured by the grant of bail as it will ensure the person without violating his personal liberty. Bail is hence conditional liberty which is granted to the accused. Types of...

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VENUE OF ARBITRATION AND JURISDICTION OF HIGH COURT

The Supreme Court held that only the High Court having the jurisdiction over that place can entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for arbitration when parties agree upon a place is as the ‘venue’ of Arbitration. Case: A bench of the Justice R Banumathi and AS Bopanna set aside an order passed by the Madras High Court. In the instant case, the appellant and the respondent in the case had entered into an agreement for sale of iron ore pellets; which were to be loaded from the Dhamra Port, Bhadrak in Odisha and off-loaded in Chennai,...

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The Right to Information (Amendment) Bill, 2019

Background and Objective of the Act The RTI Act, 2005 was passed with the objective of promoting transparency and accountability in the working of the Government. The Act is a big step towards making the citizens informed about the activities of the Government. Amendments to the Act The Bill seeks to amend the provisions related to Chief Information Commissioner(CIC) and Information Commissioner(IC). As of now, the time period of the office of the CIC and IC is of 5 years. But now, the Bill seeks to amend their time period “for such terms as may be prescribed by the Central Government”. The same is...

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The POCSO Amendment Bill to provide Stricter Punishment including Death Penalty is passed by the Rajya Sabha

The Background of the Act The Protection of Children from the Sexual Offences Act, 2012 (POCSO) came with the objective of addressing the sexual abuse and sexual exploitation of the children through legal provisions. The Act is gender-neutral and it defines a child who is below eighteen years of age. The provisions of the Act are made as such that they provide due regard and well being of the children. The Amendments The Rajya Sabha cleared the POCSO Amendment Bill. And the bill includes some serious and deterrent punishments for people who are convicted under the POCSO Act, 2012. The minimum punishment for aggravated penetrative...

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A person other than accused under can be Summoned

.The appeal filed by the appellant from the judgment of Allahabad High Court to the Supreme Court. Justices R. Banumathi and AS Bopanna delivered the same. The brief facts of the case are that Subhash Chandra Shukla along with Sashendra Shukla, Devender Shukla, Lakshmi Shukla and Rahul Shukla (the other accused) formed themselves into an unlawful assembly. They came to the house of the complainant (Shiv Prakash Mishra) and started abusing him. The elder brothers of the complainant Sangam Lal Mishra and Sunil Kumar Mishra who were living in the opposite house. They came out and tried to forbid the accused from abusing. The accused Sashendra...

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UNION BUDGET 2019-20

An Introduction After a pre-election interim Union budget presented in February by former Finance Minister Shri Arun Jaitley, the Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman made her maiden Budget speech and presented the Union Budget 2019-20 on 5th July 2019 before the Parliament.  And after the Modi Government was re-elected to power following the 2019 Lok Sabha elections, this is the first budget to be presented under the Narender Modi 2.0 Government. So, before moving into the highlights of the Budget, let the achievements of the first phase of the Government of the Modi be recognized: 1 trillon...

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Mutation of Property

What is the Mutation of Property? A change of ownership in cases involving inheritance, the property Will, sale/purchase or through any Government settlement. The revenue department of the local municipal body is responsible for maintaining a comprehensive record of ownership of property and transfers. This enables the authority to affix property taxes and issue proper tax documents. Mutation filing is an extremely crucial part of buying the property. It enables proper receipt and utility bill generation in the name of the new buyer in place of the old. It is crucial to regularly track the mutation details and update information periodically to safeguard...

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Probate of a Will

What is Probate? Will has been defined under Section 2(h) of the Indian Succession Act, 1925 as a “Legal declaration of the intention of a person regarding his property, which he desires to take effect after his death,”. The Probate of the Will under the Indian Succession Act, 1925 decrees that probate is official proof of a Will. So, the court issues probate to the executors of the will, to authorize them with a seal of approval from the court. In case there are no executors of the will, the court shall issue only a simple Letter Of Administration. And the court shall not issue probate. It is essentially...

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