There are 6 modes for producing an accused person before a court of law according to Indian criminal procedure: summons, warrant, warrant in lieu of summons, proclamation of an absconder, attachment of property, and bond for appearance. A warrant of arrest is a written order issued by a magistrate directing a peace officer to arrest an accused person. It must be in writing, identify the accused, specify the offense, be signed by the magistrate, and bear the name and designation of the person to whom it is directed. There are two types of arrest warrants under criminal procedure: bailable and non-bailable. A bailable warrant allows the accused to post bond for release while a non-bailable warrant is used
Qanun-e-Shahadat Order: Analysis of Basic PrinciplesShahbaz Cheema
These slides summarize and analyze some basic principles and rules of the QSO. The purpose is to introduce the subject only without any claim to have covered it in toto.
Qanun-e-Shahadat Order: Analysis of Basic PrinciplesShahbaz Cheema
These slides summarize and analyze some basic principles and rules of the QSO. The purpose is to introduce the subject only without any claim to have covered it in toto.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
This presentation meets the Code of Civil Procedure in Bangladesh. It designs for the student or teacher or upcoming lawyers who want to know how a civil suit starts and what are the procedure to end i.e. the steps from the first to the end.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
This presentation meets the Code of Civil Procedure in Bangladesh. It designs for the student or teacher or upcoming lawyers who want to know how a civil suit starts and what are the procedure to end i.e. the steps from the first to the end.
A warrant is a writ or specific authorization that was either issued by a judge, competent officer or magistrate, which permits an otherwise illegal act that would violate human being rights and affords the person executing the writ security from damages if the act is performed.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Abstract
The denial of bail for an indefinite period impinges on fundament rights. The prisoner must not be punished before conviction. Granting of bail always rings for the conflicting interest between liberty of an individual and interest of the society. The Principle underlying release on bail is that an accused person is presumed in law to be innocent until his guild is proved beyond reasonable doubt and as a presumably innocent person; he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.
The other object of the release of a person on bail is to secure the presence of the person charged with crime at his trial or at any other time when his presence may lawfully be required and to force him to submit to the jurisdiction and punishment imposed by the Court.
The normal rule is bail and not jail. Again at various occasions, Hon’ble Supreme Court and several High Courts reiterated that ‘the grant of bail is a rule and refusal to bail is an exception.
The significance and sweep of Article 21 make the deprivation of liberty a matter of concern and permissible only when the law authorizing it is reasonable, even-handed and geared to the goals of community good and State necessity spelt out in Article 19.
Grant of bail by the Court is a discretionary order. However, this discretion shall be exercised in judicial manner and not as a matter of course. The order denying the bail shall provide cogent reasons of rejection. The nature of the offence is one of the basic considerations for the grant of bail - more heinous is a crime, the greater is the chance of rejection of the bail, though, however, dependent on the factual matrix of the matter.
Complete Notes on Companies Ordinance, Paper LL.B. Part II.
.....................All students are advised to download and Prepare yourself. Shah Muhammad Zarkoon.
University Law College Quetta.
An introduction to Human Body : Medical Jurisprudence
for students of LL.B. Part III
wish you best of luck for your examinations.
need your prayers: shah Muhammad
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
1. 1
Dated: 02/10/2016
NOTE: This scripture has only to be studied for examination preparation, for any misuse of text for
cheating purpose is strictly condemned. {HANDOUTS]
=====================================================================================
Question: Describe the Term Warrant, how many modes are there for production of an
accused before Court of Law?
DEFINITION: A writ or precept from a competent authority in pursuance of law, directing the
doing of an act, and addressed to an officer or person competent to do the act, and affording
him protection from damage, if he does it.
OR
Particularly, a writ or precept issued by a Magistrate, Justice, or other competent authority,
addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person
therein named, and bring him before a magistrate or court, to answer, or to be examined,
touching some offense which he is charged with having committed. {Black’s Law Dictionary}.
IMPORTANT:
The Term warrant is only used in Criminal Cases, The term is a wider use It is even used in Civil
Cases, It is a very interesting that the term warrant are mostly used in Civil Cases in European
Countries, whereas the Term “ APPREHENSION” is applied in Criminal Cases as a replacement of
the term warrant.
Ex: Warrant of credit, Warrant of Merchantability, Land Warrant. etc.
2. 2
There are Six modes of production of an accused person before a Court of Law. These modes
are given in the general criminal law of procedure enacted and called the Code of Criminal
Procedure, 1898. These modes are under:
1. Summons
2. Warrant
3. Warrant in lieu of Summons,
4. Proclamation of an absconder,
5. Attachment of his property,
6. Bond with or without sureties for appearance before Court of Law on specific Date.
All these modes are not whimsical, capricious or according to the sweet will of the Court. All
of them are under the law and in accordance with law and require to be used fairly, justly and
reasonably. The object of no process of law is to harass or damage the dignity of mankind. All
processes. When it does not serve the purpose of bringing the accused or the witness and the
behavior of the summoned is evasive the second method provided by the law itself is a
“Warrant of Arrest” { Article “ Ret. Justice Munir. A. Mughal Ahmed Mughal }
WARRANT OF ARREST:
A WRITTEN order issued and signed by a magistrate, directed to a peace officer or some other
person specially named, and commanding him to arrest the body of a person named in it, who
is accused of an offence. { Brown V State, 109 Ala.70,20 So, 103 }/ Black’s Law Dictionary
ARREST:
Deprive a person of his liberty by legal authority. Taking, under real or assumed authority,
custody of another for the purpose of holding or detaining him to answer a criminal charge or
civil demand.
3. 3
The essentials of a warrant of arrest are:-
1. That it must be in writing,
2. That it must be sufficiently identifying the person to whom issued i.e. it must give full
name and description of the person to be arrested providing his parentage, occupation
and residence etc.
3. That it must specify the offence charged. { Sub-Section(20) of Section 75 the Code of
Criminal Procedure, 1898}.
4. That it must be signed. The signature of the Magistrate who is issuing it must be on it
manual signature and not by affixing his name stamp, that it must be sealed with seal
of the Court, and
5. That it must bear the name and designation of the person,
6. That where it is issued, by a bench of the Magistrate then it must be signed by any one
member of such bench.
7. That a warrant issued under section 75 remains in forced until it is cancelled by the
Court issuing it. It means that the court issuing a warrant of arrest has a discretion to
cancel it and issue a summons instead of it. When a Court issuing a warrant cancels it,
such warrant ceases to be effective.
8. That the status of a warrant of arrest is that of a public document and it can be proved
by production of a certified copy of the same. { Section 75 Code of Criminal Procedure,
1898}
4. 4
A magistrate who has the jurisdiction is to sign the warrant. The official designation of the
person signing warrant of arrest and the place of signing should appear on the face of the
warrant.
Warrant singed at a place outside the limits of Presiding officer of the Court is illegal and
proceedings in pursuance of an illegal warrant, or a warrant issued without consideration are
void.
A warrant of arrest in order to be valid must be in writing and must be signed by the presiding
officer. Warrant not singed is invalid.
As per provisions of Criminal Procedure Code, there are two kinds of arrest Warrants:
(1). Bailable Arrest Warrant { BW} Sec. 76
(2) Non-Bailable Arrest Warrant.
Bailable Warrant: Court may direct by endorsement on the warrant that if such person
executes a bond with different sureties for his attendance before the Court at a specified time
and thereafter, the officer to whom the warrant is directed shall take such security and shall
release such person from custody.
Non-Bailable Warrant: Where an offence falls in categories of serious offences, for which
punishment ranges from 7 year to life imprisonment, or capital punishment, and such an
accused is suspected deemed to be arrest, a non-bailable arrest warrant is issued.
5. 5
A warrant of arrest shall ordinarily be directed to one or more police officers, it may be directed
to persons other than police if the following conditions are fulfilled.
1. There must be necessity of arrest.
2. The necessity must be for immediate arrest.
3. No police officer should be immediately available
A District Magistrate or Sub Divisional Magistrate may direct a warrant to any land holder,
farmer, or a manager of land within its district or sub-division for arrest of :-
1. Any escaped Convict;
2. A proclaimed offender
3. A person who has been of non bailable offence and who has eluded pursuit { Sec. 78 (1)
of the Code of Criminal Procedure , 1898.