Month: February 2013

  • What are Summons, Warrants and Proclamation ?

    Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of parties/accused/witnesses before itself, ranging from commutative to compulsive. A Summon is an order to appear before the court usually in criminal matters through a police officer. If summons are not complied with or in extremely serious matters in the first […]

  • FIR – First Information Report.

    What is an FIR – short for First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences eg : theft/murder/rape/cheating/498A etc) […]

  • Harsher Law for juvenile ? Do we need to revise 18 as age of juvenility ?

    What is the age of discretion for the purposes of fixing criminal liability ? At what age is a person presumed to understand the moral quality or nature of his act and fathom it’s ramifications, for himself and others ? Should we follow a case by case approach, examining a child’s mental growth or a […]

  • Supreme Court on impounding of passports..

    In a nutshell this judgment the Hon’ble Supreme Court holds that since impounding of passports are governed by a special legislation namely the passports act, normal crpc provisions concerning impounding shall not be attracted, the courts or the police can at best seize a passport, but for impounding (which is far more enduring and continous […]

  • How to approach the Supreme Court of India ?

    This write up shall help explain all you need to know on approaching the Supreme Court.  We all know Supreme Court is the highest court of the land, and normally the court of last resort, the final court of appeal. Supreme Court hears appeals against the decisions of High Courts in its appellate jurisdiction. Under […]

  • Supreme Court on Auctioning of Natural Resources

    “A Duly publicised auction conducted fairly and impartially is perhaps the best method for discharging this burden and the methods like first come first served when used for alienation of natural resources/public property are likely to be misused by unscruplous people who are only interested in garnering maximum financial benefit and have no respect for […]

  • Daughter’s rights in ancestral property in India

    Since this is an area of profound concern these days, and I’ve been facing endless queries on this, here is a basic & overly simplistic layman’s view on the law as it was before 2005 and after it vis-a-vis daughter’s right in joint family/coparcenory/ancestral properties among Hindus in India.   Concept of Joint Family in […]

  • Criminal Law Amendment Ordinance 2012

    Criminal Law Amendment Ordinance 2012 President Pranab Mukherjee on February 3, 2013, gave his assent to the government’s amended anti-rape laws that it introduced through an ordinance. The conglomerate of changes, which introduced the death penalty for extreme rape cases, has to be cleared by parliament within six months.