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Expedient – To Prioritize , to rush Cavil – Argument by which a conclusion evidently false , is drawn from a     principle evidently true. Elusive – Difficult to find , catch or achieve. Scuffle – a short , confused fight or struggle at close quarters.300 LEGAL Words are most helpful for Legal drafting. Credential – a qualification, achievement , quality, or aspect of a person ‘s background , especially when used to indicate their suitability for something. Oblivious – Aware. Accustomed – Customary ; usual. Treacherous – Guilty of or involving betrayal. Erudite – learned. Accentuating – More noticeable. Crescendo – Progressive increase in intensity. Tedious –Too long , slow or dull. Dreadful – involving great suffering. Enigma – Mysterious or difficult to understand. Sceptical – Doubtful. Sardonic – grimly mocking or cynical. Habeas corpus – a ...

The fundamental difference between an expert witness and a fact witness is generally as follows: A fact witness usually provides testimony regarding what has happened in a given situation – he testifies as someone who has seen the situation, been involved in the situation in some way, and/or has some personal knowledge of the situation. An expert witness generally provides testimony as to how or why the situation occurred – he has analyzed the situation and gives his opinion based on his knowledge, training and experience as to the causes of the situation. In giving his opinion, an expert witness may testify using facts related to causation to support his opinion.

  Bail, it's kinds and Grounds 1. Introduction The concept of bail is not new. Basic Philosophy behind the concept of bail is that accused should be released from the custody of law enforcing agency into the custody of sureties. This is an interim order which can be withdrawn by the court at any stage according to circumstances. 2. Relevant Provisions Section 436, 437 and 438 of Cr.P.C is a relevant provision 3. Meaning of Bail Bail means the security, which court requires for release, of some accused. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of accused in court whenever accused appearance will be required. 4 Kinds of Bail Bail is of the following three kinds. i. Bail After Arrest / Post Arrest Bail It is a bail which is granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by the law enforcin...

 Its a very common phenomenon that people are saying that police is not lodging their FIR. Even sometimes people are ill-treated by the police. If Police officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of section 154(3), a written Complaint may be send by Post to the Superintendent of Police or the Commissioner of Police (in Metropolitan areas); If Superintendent of Police or the Commissioner of Police (in Metropolitan areas) is satisfied that the Complaint discloses cognizable offence, he may himself investigate the case or cause the investigation of the case by any Police officer subordinate to him. Even after that if no any action has been taken then an application can be made under section 156(3) read with section 190 of Code of Criminal Procedure to a judicial Magistrate/ Metropolitan Magistrate thereby praying that police to register the FIR., investigate the case, file charge-sheet or report. A Writ Petition in the respective High Court may b...

*प्रश्न=1 संविधान में लोक कल्याणकारी राज्य की अवधारणा निहित है-?* अ) प्रस्तावना में ब) मौलिक अधिकारों में स) चतुर्थ परिशिष्ट में द) राज्य के नीति निर्देशक तत्वों में✔ *प्रश्न=2 भारतीय संविधान में प्रदत्त 'स्वतंत्रता का अधिकार' के संबंध में निम्नलिखित में से कौन-सा सत्य नहीं है-?* अ) भाषण और अभिव्यक्ति की अबाधित स्वतंत्रता✔ ब) संघ बनाने की स्वतंत्रता स) भारत में भ्रमण की स्वतंत्रता द) किसी भी व्यवसाय वाणिज्य अपनाने की स्वतंत्रता *प्रश्न=3 जब कोई विधेयक संसद द्वारा पारित हो जाता है तो राष्ट्रपति को अधिकार है कि वह उसे-?* अ) संशोधित कर सकता है ब) अस्वीकार कर सकता है स) अपने पास अनिश्चितकाल तक नहीं रख सकता है द) पुनर्विचार के लिए वापस भेज सकता है✔ *प्रश्न=4 'धन विधेयक' के संबंध में निम्नलिखित में से कौन से कथन सत्य है-?* *1.* यह लोकसभा के अध्यक्ष द्वारा प्रमाणित किया जाता है *2.* इसे संसद के किसी भी सदन में प्रस्तुत किया जा सकता है *3.* प्राप्ति के 14 दिन के अंदर राज्यसभा को अपनी संस्तुतियों के साथ इसे लोकसभा को वापस करना पड़ता है *4.* राष्ट्रपति द्...

There is a difference between the statement recorded under sec. 162 and sec. 164. Statement under the provisions of sec. 162 is recorded by the police as a matter of preliminary investigation in to the case before filing charge sheet in the court of law, while statement u/s 164 is recorded by the Metropolitan Magistrate or Judicial Magistrate as a confession of a person (may or may not be during the course of trial), but like an examination-in-chief to be used in the course of a trial. While statement u/s 162 is not signed, statement u/s 164 is signed by the person making statement. Statement u/ 162 cannot be relied until proved beyond doubt, while a confession made u/s 164 has to be relied as is made before a Metropolitan Magistrate or Judicial Magistrate. Statement u/s 162 cannot be shown to the concerned person for corroborating his statement, except to be used for contradicting his earlier unsigned statement given to the police. Otherwise Corroboration of the earlier statement ...

BH was called upon to produce several documents in the MMC inquiry. BH produced some of the documents and failed to produce the others. Register IV was produced by BH from the period 23rd April 1987 to 29th May 1987. This was for a period prior to the relevant period in this suit and in that inquiry. The same witness had identified the register produced for the earlier period as the register maintained by the operation sister in the OT in the normal course of the conduct of the hospital. The same register No. IV for the later period which was the relevant period was not produced by BH. BH has conducted an inquiry with regard to the missing documents. BH has instead produced the record of the inquiry. BH has produced certain records including the proceedings in the inquiry and the ultimate report of that inquiry as documents marked Exhibits-Z-1 to Z-7. These are the documents of the hospital produced by itself. None has challenged any of these as the documents of the hospital. Among...

CPC IN SHORT FORM. Ordr.1.Parties to suits 13.rules O/2.frame of suit 7.rules O/3.Recognized agents and pleaders 6.rules O/4.Institution of suits 2.rules O/5.Summons 30.rules O/6.Pleadings 18.rules O/7.Plaint 26.rules O/8.Written statement and set-off 13.rules O/9.Appearance and nonappearance of parties 14.sules O/10.Examinations of parties by court 4.rules O/11.Discovery and inspection 23.rules O/12.Admissions 9.rules O/13.Production,impoundingand return of documents 11.rules O/14.Issues 7.rules O/15.Disposal of suit at first hearing 4.rules O/16.Summoning and attendance of wittnesses 21.rules O/17.Adjournments 5.rules O/18.Hearing of the suit and examination of witnesses 18.rules O/19.Affidavits 3.rules O/20.Judgment and decree 20.rules O/21.Execution of decree and Orders 103.rules O/22.Death, marriage and insolvency of parties 12.rules O/23.Withdrawal and adjustment of suits 4.rules O/24.Payment into court 4.rules O/25.Security for Costs 19.rules O/26.Com...

_🌸 *न्यायालय का संरक्षण*-मौलिक अधिकारों को न्यायालय का संरक्षण प्राप्त है यदि किसी व्यक्ति के मौलिक अधिकारों का सरकार या अन्य व्यक्तियों द्वारा हनन किया जाता है तो वह न्यायालय की शरण ले सकता है न्यायालय व्यक्ति के मौलिक अधिकारों की रक्षा करते हैं *किंतु* *नीति निर्देशक तत्वों* को न्यायालय का संरक्षण प्राप्त *नहीं* है ! सरकार को अपनी नीतियों या कार्यों में इन निर्देशक तत्वों के पालन के लिए बाध्य नहीं किया जा सकता है!_ _*🌸 मौलिक अधिकार निषेधात्मक (नकारात्मक), निर्देशक तत्व सकारात्मक*- मौलिक अधिकारों की प्रकृति नकारात्मक है वह यह व्यवस्था करते हैं कि सरकार को वे कार्य नहीं करने चाहिए जिससे नागरिकों की *स्वतंत्रता में बाधा* पहुंचती हो! इसके विपरीत निर्देशक तत्व *सकारात्मक* हैं जो सरकार को यह निर्देश देते हैं कि नागरिकों के सामाजिक आर्थिक और नैतिक उत्थान के लिए अमुक कार्य करें!_ _*🌸 नीति निर्देशक तत्व निजी अधिकारों से भिन्न*-मौलिक अधिकार नागरिकों के निजी अधिकारों की रक्षा करते हैं इनका संबंध नागरिकों से हैं *जबकि* निदेशक तत्वों का संबंध नागरिकों के अधिकारों से नहीं है उन्हें तो सार...

*28 RIGHTS OF ACCUSED IN CRIMINAL PROSECUTION* 1. Protection against arbitrary or unlawful arrest (Article 22 of the Constitution and Section 41, 55 and 151 of Cr.P.C.) 2. Protection against arbitrary or unlawful searches (Sees. 93, 94, 97, 100(4) to (8). and 165 of Cr.P.C.) 3. Protection against “Double Jeopardy” (Article 20(2) of the Constitution and Section 300 of Cr.P.C.) 4. Protection against conviction or enhanced punishment under ex-past facto law (Article 20(1) of the Constitution) 5. Protection against arbitrary or illegal detention in custody (Article 22 of the Constitution and Sees. 56, 57 and 76 of Cr.P.C.) 6. Right to be informed of the grounds, immediately after the arrest (Article 71(1) of the Constitution and Section 50 of Cr.P.C. as also Sees. 55 and 75 of Cr.P.C.) 7. Right of the arrested person not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.) 8. Right to consult a lawyer of his own choice (Article 22(1) of the Constitution...

How to Draft a Perfect Case:  A successful lawyer must know the basic principal of drafting of a plaint, written statement; petition and affidavit etc. Pleadings are foundation of the claims of parties. Well drafted pleading play a very important role to get justice for their client. Pleading in a Suit:Pleading is defined in the code of civil procedure in O 6, RULE 1.as given below :-  "pleading" shall mean plaint or written statement."Order 6 Rule 2 says pleading to state material facts and not evidence.2 (1)every pleading shall contain and contain only a statement in concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved. Basic principle of pleading is that "pleading should refer  to fact alone, it should not be argumentative averment."(M/s strong construction v. state of u.p. AIR 2005 All 224), Mandatory requirements--see-- Jitu Patnaik vers...

🎀DIFFERENCE BETWEEN A STAY ORDER AND AN INJUNCTION IN THE CONTEXT OF INDIAN JUDICIAL SYSTEM Injunction Order An injunction is an order of the court compelling a person to do or not to carry out a particular action. They are of various types: Temporary (Order 39 of the Code of Civil Procedure, 1908) and Permanent (Section 38-42 of the Specific Relief Act, 1963): The former is granted during the pendency of the suit based on various factors (preservation of status quo, balance of convenience, a prima facie case, irreparable injury, etc.) while the latter permanently prohibits or mandates a person to do certain actions. Preventive (ones that restrain actions) and mandatory (ones that compel actions). Ad-interim (ones granted during pendency of application and operative till its disposal) and interim (ones that are granted at disposal of application and operative till disposal of the suit). Stay Order An order of stay indicates stoppage, arrest or suspension of judicial proc...

Police The ordinary criminal courts derive their existence from CrPC. However, CrPC does not say anything about the constitution of Police. It assumes the existence of police and devolves various powers and responsibilities on to it. Functions - As per The Police Act, 1861, the police force is an instrument for the prevention and detection of crime. Organization - Every state establishes its own police force which is formally enrolled. The force consists of such number of officers and men and is constituted in such manner as the state govt. may decide from time to time. The overall administration of police in the entire state is done by Director General of Police. The administration of police in a district is done by District Superintendent of Police under the general control and direction of District Magistrate who is usually the Collector of the district. Every police officer appointed to the police force, other than Inspector General of Police and District Superintend...

Criminal P.C., 1973 -- Ss. 446, 436, 437, 438 and 439 -- surety and bail papers -- advocate need not identify surety or accused persons -- if compelled the matter may be reported to Bar Council and District Judge -- order circulated.         This is an application u/s. 438 CrPC in connection with Crime No 654/02 for the offence punishable u/s: 420, 467, 468, 471 of the IPC.         The contention of the learned counsel for the applicant is that he is a practising lawyer in Tehsil Tarana, Distt. Ujjain. He submits that he has identified the surety on the basis of his photographs affixed on the affidavit.         The applicant should not have identified the surety when he himself was not knowing him. It is also contended by the counsel for the applicant that Courts are compelling advocates to identify the surety at the time of verification of bail papers and surety papers. If this is so, then this practice must be depricat...