The document discusses the importance and requirements of framing an accurate charge against an accused in a criminal trial. It states that giving precise information about the accusation to the accused is vital to preparing a defense. A charge must include the time, place and details of the alleged offense, the law and section violated, and be written clearly without unnecessary words. The purpose of framing a charge is to give the accused unambiguous notice of the accusation. There can be joinder or alteration of charges in some cases, but the basic rule is that each distinct offense requires a separate charge and trial.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
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Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
Charge simply means 'accusation'.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
In the Indian criminal trial process, legal proceedings unfold within the framework of the criminal justice system, ensuring fairness and due process. The courtroom proceedings, guided by trial procedures, witness the prosecution presenting the case against the accused, countered by the defense's strategic advocacy. Evidence is meticulously presented, witnesses testify, and cross-examinations challenge testimonies. Jury selection, where applicable, ensures an impartial panel. Opening statements set the stage, while closing arguments encapsulate the case's essence. Throughout, the presiding judge ensures adherence to legal standards, making rulings pivotal to the trial's integrity and justice delivery. This overview is provided by Vishal Saini, Advocate.
You can reach me at https://vishalsainiadv.com
“Plead Guilty and Bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining.
The Principle of ‘Nolo Contendere’ - "I do not wish to contend”
‘Plea Bargaining’ can be defined as ‘pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.’
DRAFTING PLEADING AND CONVEYANCING THIS FILE IS GOOD AND EXCELLENT OPPORTUNITY AND THE PRACTICAL FILE THIS FILE MAY BE USE IN LL.B 5 SEM 6 PAPER AND THE FILE QUALITY IS VERY GOOD
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
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 .
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.
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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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.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
Crpc ppt final sindu
1.
2. Introduction
One basic requirement of a fair trial in criminal cases is to give precise
information to the accused as to the accusation against him. This is vitally
important to the accused in the preparation of his defence. In all trials under
the Code the accused is informed of the accusation in the beginning itself.
In case of serious offences the Code requires that the accusations are to be
formulated and reduced to writing with great precision and clarity. This
“charge”
Provisions relating to charge are aimed at giving full notice to the accused
about the offence of which he is charged. It gives the accused accurate and
precise information about the accusations made against him. Every charge
under this Code shall state the offence with which the accused is charged
State v. Ajit Kumar Saha
3. Purpose of Framing charge
In the ruling of a four-Judge Bench of The Hon’ble Supreme
Court in V.C. Shukla v. State. Justice Desai delivering a
concurring opinion opined that ‘the purpose of framing a
charge is to give intimation to the accused of clear,
unambiguous and precise notice of the nature of accusation that
the accused is called upon to meet in the course of a trial’.
4. Essential elements of Charge
Contents of a Charge
Sections 221 to 224 specify the particulars that should be stated
in the charge. Particulars are as follows:
Particulars as to the time and place of the alleged offence, and
the person (if any) against whom, or the thing (if any) in
respect of which, it was committed.
Statement of the offence with which the accused is charged.
5. When Can Be Charged
In all warrant cases whether triable by a Court of Session or
by a Magistrate, a formal charge is required to be framed.
Framing of Charge is, however, not necessary in summons
case. Similarly, it is not necessary to frame charge in summary
trials. At the stage of framing a charge, the court should
consider the materials placed before the court; there is a prima
facie case against the accused. The test to determine prima
facie case depends upon the facts and circumstances of each
case.
6. Form and requirements
The charge should be precise but should give the necessary particulars required
by law.
Every charge shall state the offence with which the accused is charged.
The charge shall be written either in English or in the language of the Court.
For every distinct offence of which any person is accused there shall be a
separate charge and every such charge shall be tried separately.
The law and section of the law against which the offence is said to have been
committed shall be mentioned in the charge.
The court framing charge should avoid all unnecessary words. Abbreviations or
recondite words should as far as possible be also avoided.
An omission, defect or error in the charge which does not prejudice or mislead
the accused and does not result in any failure of justice cannot be regarded as
material.
7. Charge Form No :32
CHARGE WITH ONE HEAD
I, (name and office of Magistrate, etc.), hereby charge you (name of accused
person) as follows:-
That you, being a public servant in the..................... Department, directly
accepted from (state the name) gratification other than legal remuneration, as a
motive for forbearing to do an official act, and thereby committed an offence
punishable under Section 161 of the Indian Penal Code, and within the
cognizance of this Court.
And I hereby direct that you tried by this Court on the said charge.
(Signature and Seal of the Magistrate)
8. Alteration in charge
Section-216 the object is to secure fair trial to the accused and
it is the duty of the court to ensure that alteration or addition of
charge has not caused prejudice to him. Though the power is
wide and extensive, it must be exercised judiciously. The court
cannot alter the charge to the prejudice of the accused.
Similarly, such power cannot be exercised after the accused is
discharged of all the charges inasmuch as no charge exists
against him and the provisions of Section 216 do not apply.
9. Joinder of Charge
sections 218 to 222 of the Code provide for joinder of charges
in one trial against the same accused. Section 223 deals with
joint trial against two or more accused persons. The basic rule
section 218 lays down the basic rule relating to trial of offences
and enacts that for every distinct offence there must be a
separate charge and a separate trial for each such charge.
10. Union of India v. Prafulla Kumar after considering the leading cases on the point, the
Supreme Court laid down the following principles as to when the charge should be
framed –
That the Judge while considering the question of framing the charges under Section
227of the Code to weigh the evidence for finding out whether it’s a prima facie case or
not. And for which the accused has been made out;
Where the materials placed before the Court the accused which has not been properly
explained, the court will be fully justified in framing a charge and proceeding with the
trial.
The test to determine a prima facie case would naturally depend upon the facts of each
case. By and large however if two views are equally possible and the Judge should be
satisfied with the evidence produced while giving rise to some suspicion but not grave
suspicion against the accused, he has all the right to discharge the accused.
That in exercising his jurisdiction under Section 227 of the Code, the total effect of the
evidence and the document produced by the court, any basic infirmities appearing in the
case and so on. This however does not mean that the Judge should make a roving enquiry
into the pros and cons of the matter and weigh the evidence as if he was conducting a
trial.
AIR 1979 SC 366: (1979) 3 SCC 4: 1979 CrLJ 154: (1979) 3 SCR 1.
11. Conclusion
Charge is an accusation against a person with respect to the
commission of an offence.
Every charge shall state the section of the law along with the
name of the offence, if any, which the accused is charge and shall
also state the time, place and the manner of the occurrence as
well as the person against whom or the thing in respect of which
the offences has been committed.
Previous conviction of the person charged with, if any, may also
be mentioned, because it directs severe punishment.
For every offences there shall be a separate Charge and the
charge be tried separately except in the cases mentioned with the
section. In one series of acts so connected together as to form the
same transaction, more offences than one are committed by the
same person, the person may be charged with and tried at one
trial for every such offences.