THESE ARE A SET OF GUIDELINES MADE BY THE INDIAN SUPREME COURT TO BE FOLLOWED AT THE TIME OF ARREST.
IT IS THERE IN NCERT CIVICS CLASS 8 AND IS HELPFUL FOR STUDENTS.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document discusses the legal provisions around search and seizure in India, including obtaining search warrants, conducting searches with and without warrants, general procedures that must be followed, and restrictions. Key points covered include the circumstances for issuing search warrants, required procedures for conducting searches, and limitations on searches without warrants to prevent abuse of power.
The Supreme Court of India upheld the conviction of four appellants for offenses under the Narcotic Drugs and Psychotropic Substances Act related to the seizure of 66.1 kg of heroin. The Court found that the confessional statements made by the appellants to officers of the Directorate of Revenue Intelligence were voluntary and admissible. It also held that the recovery of evidence could not be doubted due to corroboration of the confessional statements and the search/seizure conducted by a gazetted officer at the customs office rather than the site of apprehension did not establish prejudice against the accused.
The defendant pled guilty via affidavit to the reduced charge of disorderly conduct. They waived their right to be physically present for the plea and sentencing due to the COVID-19 pandemic. The defendant admitted to committing disorderly conduct on a specific date and location. They agreed to a sentence of time served or a one-year conditional discharge, and would abide by a two-year order of protection if applicable. The defendant understood the rights they waived by pleading guilty and did so knowingly and voluntarily.
The document outlines the 8 steps of a trial before a Court of Sessions in India:
1. The Public Prosecutor opens the prosecution case by describing the accusations against the accused and the evidence to prove guilt.
2. The Court examines the record and documents to determine if the accused should be discharged or charged. If charged, a charge is framed.
3. The charge is read and explained to the accused, who then pleads guilty or claims trial.
4. After prosecution evidence, the Court examines the accused and hears arguments on acquittal.
5. If not acquitted, the accused presents a defense and evidence.
6. The prosecution sums up its case and
A warrant is a written court order that commands law enforcement to arrest a person and bring them before a magistrate. A warrant must sufficiently identify the person, specify the offense charged, and be signed and sealed. A warrant remains in force until cancelled by the court. The court may direct that a person be released after arrest if security is taken, such as a bond with sureties, to ensure the person's attendance at a specified time. A warrant can be directed to police officers or other persons if there is a necessity for immediate arrest and no police officer is available. Upon arrest, the person must be brought without unnecessary delay before the court requiring their production. A warrant can be executed anywhere in Pakistan.
Arrest and questioning of accused in India, U.K. and U.S.A. | Comparitive Cri...NishkaPrajapati
The document compares criminal procedures related to arrest and questioning of accused persons in India, the UK, and the USA. In India, arrest can be made with or without a warrant by police officers, private persons, or magistrates under specific sections of the Code of Criminal Procedure. Upon arrest, the accused must be informed of the charges and brought before a magistrate within 24 hours. In the UK, the Police and Criminal Evidence Act provides powers of arrest with or without a warrant to police and private persons. Arrested persons must be informed of the grounds for and fact of arrest. In the USA, police can make warrantless arrests with probable cause and must inform arrested persons of their Miranda rights against self-incrimination if the arrest
THESE ARE A SET OF GUIDELINES MADE BY THE INDIAN SUPREME COURT TO BE FOLLOWED AT THE TIME OF ARREST.
IT IS THERE IN NCERT CIVICS CLASS 8 AND IS HELPFUL FOR STUDENTS.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document discusses the legal provisions around search and seizure in India, including obtaining search warrants, conducting searches with and without warrants, general procedures that must be followed, and restrictions. Key points covered include the circumstances for issuing search warrants, required procedures for conducting searches, and limitations on searches without warrants to prevent abuse of power.
The Supreme Court of India upheld the conviction of four appellants for offenses under the Narcotic Drugs and Psychotropic Substances Act related to the seizure of 66.1 kg of heroin. The Court found that the confessional statements made by the appellants to officers of the Directorate of Revenue Intelligence were voluntary and admissible. It also held that the recovery of evidence could not be doubted due to corroboration of the confessional statements and the search/seizure conducted by a gazetted officer at the customs office rather than the site of apprehension did not establish prejudice against the accused.
The defendant pled guilty via affidavit to the reduced charge of disorderly conduct. They waived their right to be physically present for the plea and sentencing due to the COVID-19 pandemic. The defendant admitted to committing disorderly conduct on a specific date and location. They agreed to a sentence of time served or a one-year conditional discharge, and would abide by a two-year order of protection if applicable. The defendant understood the rights they waived by pleading guilty and did so knowingly and voluntarily.
The document outlines the 8 steps of a trial before a Court of Sessions in India:
1. The Public Prosecutor opens the prosecution case by describing the accusations against the accused and the evidence to prove guilt.
2. The Court examines the record and documents to determine if the accused should be discharged or charged. If charged, a charge is framed.
3. The charge is read and explained to the accused, who then pleads guilty or claims trial.
4. After prosecution evidence, the Court examines the accused and hears arguments on acquittal.
5. If not acquitted, the accused presents a defense and evidence.
6. The prosecution sums up its case and
A warrant is a written court order that commands law enforcement to arrest a person and bring them before a magistrate. A warrant must sufficiently identify the person, specify the offense charged, and be signed and sealed. A warrant remains in force until cancelled by the court. The court may direct that a person be released after arrest if security is taken, such as a bond with sureties, to ensure the person's attendance at a specified time. A warrant can be directed to police officers or other persons if there is a necessity for immediate arrest and no police officer is available. Upon arrest, the person must be brought without unnecessary delay before the court requiring their production. A warrant can be executed anywhere in Pakistan.
Arrest and questioning of accused in India, U.K. and U.S.A. | Comparitive Cri...NishkaPrajapati
The document compares criminal procedures related to arrest and questioning of accused persons in India, the UK, and the USA. In India, arrest can be made with or without a warrant by police officers, private persons, or magistrates under specific sections of the Code of Criminal Procedure. Upon arrest, the accused must be informed of the charges and brought before a magistrate within 24 hours. In the UK, the Police and Criminal Evidence Act provides powers of arrest with or without a warrant to police and private persons. Arrested persons must be informed of the grounds for and fact of arrest. In the USA, police can make warrantless arrests with probable cause and must inform arrested persons of their Miranda rights against self-incrimination if the arrest
This document outlines key concepts and classifications in criminal procedure code in India. It defines offence, case, and classifications of offences as cognizable/non-cognizable, bailable/non-bailable, compoundable/non-compoundable, and warrant/summons cases. It also defines and distinguishes investigation, inquiry, and trial. Key concepts around arrest, custody, remand, and the rights of arrested persons are explained. The powers of executive magistrates and processes to compel appearance and production are also summarized.
Warrants are written orders issued by a judicial officer commanding a law enforcement officer to perform some act related to the administration of justice. There are several types of warrants including arrest warrants, which allow police to detain a suspect, and search warrants, which permit officers to search property for evidence of a crime. Warrants must be properly issued by a court and executed by law enforcement according to established legal procedures to be valid.
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
This document discusses the law around arrests in Kenya. It covers arrests with and without warrants, the process and procedures that must be followed, and some key constitutional issues. Some main points covered include:
- Arrests can infringe on rights to liberty and freedom of movement. Force used must be reasonable.
- Police can arrest without a warrant for cognizable offenses or if a non-cognizable offense is committed in their presence. Arrested persons must be brought promptly before a magistrate.
- Private citizens can arrest for felonies, cognizable offenses, or to detain property offenders. They must promptly hand over arrested persons to police.
- Warrants are required for other arrests and must meet formal requirements
This document outlines the procedures and considerations around bail in the criminal justice system. It discusses where a person can be detained after arrest (police station or court), the presumption of bail prior to conviction, factors considered in granting bail pending trial or appeal, and the tests and criteria applied by courts. Key points include that bail is the rule pre-conviction, the prosecution must show why bail should be denied, and courts examine likelihood of appearance, interference with investigations, and commission of further offenses.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
Decision to Prosecute (Criminal procedure in Kenya)Quincy Kiptoo
This document outlines factors for prosecutors to consider when deciding whether to institute a prosecution against an individual. It discusses that the decision to prosecute is important and must be well-founded. Prosecutors must apply an evidentiary test to determine if there is enough evidence to support a credible prosecution. They must also apply a public interest test to consider factors like the seriousness of the offense, interests of victims and communities, and circumstances of the offender. The prosecutor's discretion must be exercised in accordance with the Constitution and with regard for public interest, interests of justice, and preventing abuse of the legal process.
An individual can seek bail if he has any fear or anticipation of being arrested in a non-bailable offence. An anticipatory bail is meant to safeguard a person accused of false charges, in the evnet of he/ she being sought to be arrested by the police in the name of custodial interrogation.
Procedure of investigation (Indian Perspective)Vaibhav Laur
The document summarizes the key sections of the Code of Criminal Procedure (CrPC) relating to investigation procedures in India. It explains that under Section 154, a First Information Report (FIR) must be filed for a cognizable offense, while a magistrate's order is required for a non-cognizable offense under Section 155(2). For a cognizable offense, a police officer has the power to investigate under Section 156, while Sections 157-173 outline the investigation process and requirements for submitting investigation reports. The document also discusses important investigation techniques like crime scene sketching and inspection.
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
The document outlines several important rights that accused persons have upon arrest according to Indian law. These include the right to not be arrested without reasonable belief of involvement in an offense, the right to not be handcuffed, the right to be informed of the grounds for arrest and legal rights including access to a lawyer, the right to have family/friends notified of the arrest, and the right to have access to a lawyer during all stages of investigation and trial. The document also discusses the right against self-incrimination and that compulsory procedures like narcoanalysis violate this right.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
Rule 113 of the Revised Rules of Criminal Procedure outlines the procedures for arrest. It defines arrest and discusses the lawful grounds for arrest with or without a warrant. It also establishes the duties of arresting officers, such as informing the person of the reason for arrest and delivering them to the proper authorities without unnecessary delay. The rule discusses the methods of arrest by officers with or without a warrant, as well as by private persons. It also covers the rights of officers to summon assistance or enter buildings to make arrests, and the rights of attorneys and relatives to visit arrested persons.
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.
This document summarizes Section 164 of the Criminal Procedural Code of India regarding the recording of confessions and statements. It discusses that only judicial magistrates have the power to record confessions, not police officers. It outlines the procedures a magistrate must follow, such as ensuring any confession is made voluntarily and explaining that the accused does not have to confess. It discusses what information must be included in the recording and how it is handled and transmitted going forward. It also provides examples of related cases that further clarify interpretation and application of this section.
This document outlines two main methods that individuals can use to challenge decisions made about prosecuting them: 1) constitutional reference to the High Court, and 2) judicial review seeking orders to quash or prohibit prosecution. It discusses factors a court will consider, such as whether the prosecution constitutes an abuse of process or violates constitutional rights. It also notes that while stays can be granted, legislative intervention may be needed to avoid stays clogging the justice system.
Virginia Code Ann 19.2-56 Copy of the law regarding search warrants. Includes links to other areas of law concerning search warrants in the state of Virginia. Used to create an article about same.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
The Holy See sought to invoke sovereign immunity from a civil case filed against it regarding a land sale contract. The Court recognized the Holy See as a foreign sovereign based on its diplomatic relations with the Philippines. However, the Court also found that the land sale contract at issue was not a commercial transaction, but rather done for non-profit purposes, and was therefore a public act covered by sovereign immunity. As such, the civil case against the Holy See was dismissed.
2012.09.21 letter to ncrpb on carrying capacity and email 19.09.2012 to secy ...National Citizens Movement
The document discusses the issue of water scarcity in India, particularly in Haryana, and the need for equitable water distribution between states. It summarizes the historical context around the construction of the Sutluj-Yamuna Link Canal, which was intended to provide Haryana its allocated share of water from the Ravi and Beas rivers as per the 1966 Punjab Reorganization Act. However, Punjab has resisted the canal's construction. The document argues for viewing inter-state water disputes through the lens of whether water can truly be owned or divided between states, given it is a universal natural resource essential for life.
ERO and DEO Gurgaon Voter Registration Correspondence 21 Dec 2009 And 2 Feb 2010National Citizens Movement
The document reports on an investigation into alleged double voting entries in electoral rolls for an assembly constituency in Gurgaon, Haryana. A total of 4810 double entries were found out of 52931 entries examined, amounting to 9.1% of entries checked. The double entries fell into 5 categories and were found to be due to errors and lack of proper verification during the electoral roll updating process, with BLOs, supervisors and AEROs all having responsibility. Corrective measures will be taken, including issuing notices and making deletions, to resolve the double entries.
This document outlines key concepts and classifications in criminal procedure code in India. It defines offence, case, and classifications of offences as cognizable/non-cognizable, bailable/non-bailable, compoundable/non-compoundable, and warrant/summons cases. It also defines and distinguishes investigation, inquiry, and trial. Key concepts around arrest, custody, remand, and the rights of arrested persons are explained. The powers of executive magistrates and processes to compel appearance and production are also summarized.
Warrants are written orders issued by a judicial officer commanding a law enforcement officer to perform some act related to the administration of justice. There are several types of warrants including arrest warrants, which allow police to detain a suspect, and search warrants, which permit officers to search property for evidence of a crime. Warrants must be properly issued by a court and executed by law enforcement according to established legal procedures to be valid.
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
This document discusses the law around arrests in Kenya. It covers arrests with and without warrants, the process and procedures that must be followed, and some key constitutional issues. Some main points covered include:
- Arrests can infringe on rights to liberty and freedom of movement. Force used must be reasonable.
- Police can arrest without a warrant for cognizable offenses or if a non-cognizable offense is committed in their presence. Arrested persons must be brought promptly before a magistrate.
- Private citizens can arrest for felonies, cognizable offenses, or to detain property offenders. They must promptly hand over arrested persons to police.
- Warrants are required for other arrests and must meet formal requirements
This document outlines the procedures and considerations around bail in the criminal justice system. It discusses where a person can be detained after arrest (police station or court), the presumption of bail prior to conviction, factors considered in granting bail pending trial or appeal, and the tests and criteria applied by courts. Key points include that bail is the rule pre-conviction, the prosecution must show why bail should be denied, and courts examine likelihood of appearance, interference with investigations, and commission of further offenses.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
Decision to Prosecute (Criminal procedure in Kenya)Quincy Kiptoo
This document outlines factors for prosecutors to consider when deciding whether to institute a prosecution against an individual. It discusses that the decision to prosecute is important and must be well-founded. Prosecutors must apply an evidentiary test to determine if there is enough evidence to support a credible prosecution. They must also apply a public interest test to consider factors like the seriousness of the offense, interests of victims and communities, and circumstances of the offender. The prosecutor's discretion must be exercised in accordance with the Constitution and with regard for public interest, interests of justice, and preventing abuse of the legal process.
An individual can seek bail if he has any fear or anticipation of being arrested in a non-bailable offence. An anticipatory bail is meant to safeguard a person accused of false charges, in the evnet of he/ she being sought to be arrested by the police in the name of custodial interrogation.
Procedure of investigation (Indian Perspective)Vaibhav Laur
The document summarizes the key sections of the Code of Criminal Procedure (CrPC) relating to investigation procedures in India. It explains that under Section 154, a First Information Report (FIR) must be filed for a cognizable offense, while a magistrate's order is required for a non-cognizable offense under Section 155(2). For a cognizable offense, a police officer has the power to investigate under Section 156, while Sections 157-173 outline the investigation process and requirements for submitting investigation reports. The document also discusses important investigation techniques like crime scene sketching and inspection.
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
The document outlines several important rights that accused persons have upon arrest according to Indian law. These include the right to not be arrested without reasonable belief of involvement in an offense, the right to not be handcuffed, the right to be informed of the grounds for arrest and legal rights including access to a lawyer, the right to have family/friends notified of the arrest, and the right to have access to a lawyer during all stages of investigation and trial. The document also discusses the right against self-incrimination and that compulsory procedures like narcoanalysis violate this right.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
Rule 113 of the Revised Rules of Criminal Procedure outlines the procedures for arrest. It defines arrest and discusses the lawful grounds for arrest with or without a warrant. It also establishes the duties of arresting officers, such as informing the person of the reason for arrest and delivering them to the proper authorities without unnecessary delay. The rule discusses the methods of arrest by officers with or without a warrant, as well as by private persons. It also covers the rights of officers to summon assistance or enter buildings to make arrests, and the rights of attorneys and relatives to visit arrested persons.
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.
This document summarizes Section 164 of the Criminal Procedural Code of India regarding the recording of confessions and statements. It discusses that only judicial magistrates have the power to record confessions, not police officers. It outlines the procedures a magistrate must follow, such as ensuring any confession is made voluntarily and explaining that the accused does not have to confess. It discusses what information must be included in the recording and how it is handled and transmitted going forward. It also provides examples of related cases that further clarify interpretation and application of this section.
This document outlines two main methods that individuals can use to challenge decisions made about prosecuting them: 1) constitutional reference to the High Court, and 2) judicial review seeking orders to quash or prohibit prosecution. It discusses factors a court will consider, such as whether the prosecution constitutes an abuse of process or violates constitutional rights. It also notes that while stays can be granted, legislative intervention may be needed to avoid stays clogging the justice system.
Virginia Code Ann 19.2-56 Copy of the law regarding search warrants. Includes links to other areas of law concerning search warrants in the state of Virginia. Used to create an article about same.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
The Holy See sought to invoke sovereign immunity from a civil case filed against it regarding a land sale contract. The Court recognized the Holy See as a foreign sovereign based on its diplomatic relations with the Philippines. However, the Court also found that the land sale contract at issue was not a commercial transaction, but rather done for non-profit purposes, and was therefore a public act covered by sovereign immunity. As such, the civil case against the Holy See was dismissed.
2012.09.21 letter to ncrpb on carrying capacity and email 19.09.2012 to secy ...National Citizens Movement
The document discusses the issue of water scarcity in India, particularly in Haryana, and the need for equitable water distribution between states. It summarizes the historical context around the construction of the Sutluj-Yamuna Link Canal, which was intended to provide Haryana its allocated share of water from the Ravi and Beas rivers as per the 1966 Punjab Reorganization Act. However, Punjab has resisted the canal's construction. The document argues for viewing inter-state water disputes through the lens of whether water can truly be owned or divided between states, given it is a universal natural resource essential for life.
ERO and DEO Gurgaon Voter Registration Correspondence 21 Dec 2009 And 2 Feb 2010National Citizens Movement
The document reports on an investigation into alleged double voting entries in electoral rolls for an assembly constituency in Gurgaon, Haryana. A total of 4810 double entries were found out of 52931 entries examined, amounting to 9.1% of entries checked. The double entries fell into 5 categories and were found to be due to errors and lack of proper verification during the electoral roll updating process, with BLOs, supervisors and AEROs all having responsibility. Corrective measures will be taken, including issuing notices and making deletions, to resolve the double entries.
The document summarizes events involving the VLCC Tosa and the Taiwanese Coast Guard from April 17, 2009. It describes the Coast Guard initially contacting and questioning the Tosa about a reported collision between a fishing boat and the Tosa. It then details conversations between the Tosa's master and crew members that determined a few fishing boats had come close to the Tosa in the early morning, but the second officer took evasive action and the boats passed safely. The Coast Guard then inspected the Tosa's side and said they found no damage, thanking the Tosa for its cooperation.
This document discusses an incident involving the Panama-flagged cargo ship NYK Tosa and a Taiwanese fishing vessel. It alleges collusion between NYK Lines, NYK Ship Management, and Taiwanese authorities, and argues that the trial of the NYK Tosa crew members in Taiwan violates international law. Key points made include: NYKSM denied a transcript request to the defense but provided it to prosecutors; the 2nd officer's actions were reasonable given the circumstances but he is facing unjust charges; and Taiwan lacks jurisdiction over crew members of a foreign-flagged vessel on the high seas.
1. The document outlines R.S. Rathee's election manifesto for the Gurgaon constituency. It details 30 issues affecting infrastructure, amenities, and development that Rathee aims to address if elected, such as improving roads, drainage, sanitation, healthcare, education, transportation and integrating development of rural and urban areas.
2. Rathee appeals to voters to elect an independent local candidate who understands the problems and can work to develop Gurgaon into a model constituency.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Observations, objections and recommendations to revised draft rp 2021 mgd 30...National Citizens Movement
This document outlines observations, objections and recommendations submitted to the National Capital Region Planning Board regarding the revised draft Regional Plan 2021. Key points include:
- The legal status clarifying the enforceability of the Regional Plan has been removed, weakening oversight of state plans.
- The requirement for state master plans to be approved by the NCRPB has been deleted, reducing the Board's authority.
- The document recommends retaining sections strengthening the legal status and need for NCRPB approval of plans to prevent unregulated development.
- Concerns are raised that revisions could exceed development capacity and harm the environment without proper oversight. The document urges restoring provisions for NCRPB guidance of all plans.
The document requests that the Chief Minister of Maharashtra bring in a strong Apartment Ownership Act immediately and also make a request for an Article 143(1) reference to save the lives of 986 residents of the Campa Cola Compound in Mumbai whose buildings are scheduled for demolition. It summarizes the legal issues surrounding the case, notes that the residents may have committed omissions but their fundamental rights should not be violated, and argues that if demolition occurs the government must first provide alternative accommodation due to its own role over 30 years that enabled the illegal construction.
The document is a letter from an organization called Mission Gurgaon Development to the Secretary of the Ministry of Environment and Forests regarding a review of the draft revision of the Regional Plan 2021 for the National Capital Region.
The key points are:
1. The organization has grave concerns about environmental dilutions and gaps in the revised draft plan that could damage eco-sensitive areas like the Aravali ranges and river beds.
2. Several important environmental safeguards in the current plan, like restrictions on construction in conservation zones, are being diluted or removed in the revised draft without proper review.
3. The revisions could open up forest land and groundwater sources to development, violating environmental laws.
The document discusses criticisms of India's colonial-era civil service model and the Indian Administrative Service (IAS). It provides views from citizens and experts that the IAS has become inefficient, arrogant, power-hungry, and in some cases corrupt. The IAS is seen as lacking accountability, vision, and a focus on results. While the IAS recruits talented individuals, the system fails to retain their drive and causes them to prioritize their careers over public service. Reform is needed to make the IAS more people-focused, competent, and integrity-driven.
This document provides details regarding a case seeking cancellation of a license issued to Unitech for violations of statutes and rules related to building plans and construction in Gurgaon, Haryana. Key points include:
1) Unitech was issued license 60 of 1996 to develop a project called Uniworld Garden with 496 approved dwelling units according to the sanctioned plan. However, the builder constructed extra floors and units violating the approved plan.
2) Documents submitted show discrepancies in the actual built area compared to the sanctioned plan, with extra area constructed and units sold without approval.
3) The builder is alleged to have violated various rules regarding submission of accounts and obtaining completion certificates. The license renewals
2012.06.17 citizens objection letter mangar ddp 2031 to dgtcp haryana secy mo...National Citizens Movement
This document outlines objections to the Mangar Draft Development Plan 2031 (DDP 2031) regarding the inclusion of Aravalli hill areas in an agricultural zone and the activities permitted in that zone. Key points include:
1) The Aravalli hills are classified as forest land and should be separately zoned as a natural conservation area, not an agricultural zone, given their ecological importance as forests, wildlife habitat, and groundwater recharge areas.
2) The 23 activities permitted in the agricultural zone under the DDP 2031 are incompatible with the sensitive nature of the Aravalli hills and will cause environmental damage.
3) For the plan to be valid, the clearance process must
This document provides a summary of various court judgments related to apartment ownership acts in India between 1979-2012. It lists 34 court cases from various high courts and the supreme court pertaining to legal issues like a promoter's obligations, consent required for construction changes, defining common areas, apartment owner rights and more. For each case, it provides details like the court, citation, key issues addressed, and date. The document is intended to help track legal precedents set on matters dealt with in apartment ownership statutes.
Statement Showing Multiple Voter Registration Of Friends And Relatives Of Sh...National Citizens Movement
This document lists 134 voters with 322 votes across 9 assembly constituencies in Haryana and Delhi. It shows that many voters have multiple registrations, voting in different constituencies under the same or similar names. Specifically, it lists friends and relatives of Shri Sukhbir that have been registered to vote multiple times, often with the same identification card numbers across different locations.
11/28/19 UIE's INTERNATIONAL CRIMINAL COURT AMICUS CURIAE BRIEF UPDATEVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
As we continue to move forward in a NEW ERA and TIME of ADVANCEMENT and CHANGE for God’s/Allah’s People and RECLAIM, RESTORE and BUILD our own Governments, it is IMPORTANT for the WORLD to see for themselves HOW Dumbed Down the USA’s Blacks/Slaves are and HOW FAR the United States of America’s DESPOTISM Government Officials (President Donald Trump and Congressional Members, etc.), their Legal Counsel Baker Donelson Bearman Caldwell & Berkowitz and their CO-CONSPIRATORS (as siblings of the Utica International Embassy’s Interim Prime Minister Vogel Denise Newsome’s SIBLINGS, Town of Utica MS Officials and Hinds County MS Officials, etc.) WENT to KIDNAP, FALSELY IMPRISON and sought ways to have Newsome MURDERED, etc. in the USA’s QUEST to silence her as well as push Adolf Hitler’s “NEW” World Order to make the WHITE Race SUPREME over ALL other Races and/or Nationalities!
The USA’s OFFICIALS, Lawyers and their CO-CONSPIRATORS engaged in WAR Crimes and other ATROCITIES/Criminal Acts for the purposes of evading INVESTIGATIONS and PROSECUTION by the International Criminal Court regarding the “SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN as well as other pending matters that were brought to the attention of the ICC regarding opening of Case and/or SITUATION in the UNITED STATES OF AMERICA!
11/25/19 ICC AMICUS CURIAE Of Vogel Denise Newsome (UIE Seal)VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This is the Amicus Curiae that the United States of America’s President Donald Trump, Congressional Members, Military, their Legal Counsel Baker Donelson Bearman Caldwell & Berkowitz and their CO-Conspirators (Town of Utica MS Officials/Hinds County MS Officials/Newsome’s Siblings, etc.) had the Utica International Embassy’s Interim Prime Minister Vogel Denise Newsome KIDNAPPED over on 03/25/19, and conspired to have her MURDERED for purposes of silencing her voice in efforts of avoiding Investigations and Prosecution for War Crimes not only in Afghanistan, but here in the United States of America and across the WORLD!
While USA’s Congressional Members are using their Zionist-Controlled Mainstream Media to DISTRACT with their President Trump Impeachment Scandal, we are staying focused and are using our time to provide the WORLD with TRUTH and being sure that HISTORY for the FALL of the United States of America is accurate and that Donald Trump does not take the Fall alone for the WAR CRIMES orchestrated and carried out under the direction and Leadership of the Nazi/Zionist Law Firm of Baker Donelson Bearman Caldwell & Berkowitz!
This is only the BEGINNING of GREAT Things to come now that we are releasing to the PUBLIC/WORLD the attempts on the Utica International Embassy’s Leader’s Life in the USA’s quest to AVOID Investigations and Prosecutions in the Afghanistan Situation, FAILED Venezuela Invasion/Venezuela Situation, and CONSPIRACIES to have Vogel Denise Newsome MURDERED!
1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor is responsible for carrying out the administration of the criminal justice system through adequately examining offenses and deciding whether to prosecute individuals, ensuring fairness and justice.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause that a crime has been committed before criminal charges are formally filed. This helps preserve evidence and keep witnesses under the state's control.
1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor represents the government in criminal proceedings, ensuring crimes are adequately investigated and prosecuted while protecting the rights of the accused.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause a crime has been committed and the respondent is probably guilty before criminal charges are formally filed.
INVESTIGATIONS AND THE TRIAL PROCEDURE IN UGANDA 2Kakuru Joel
This document discusses investigations and the criminal trial process in Uganda. It covers:
- Investigations are carried out by the police to collect evidence and place the accused at the scene of the crime. Different investigation methods are used depending on the crime.
- The stages of a criminal trial in a magistrate's court, including plea taking, prosecution presenting their case, defense presenting their case, judgement, and appeals.
- The stages are similar in the high court but begin with preliminary proceedings like drawing up an indictment.
- Some miscellaneous applications that can be made during the trial like bail applications, habeas corpus if the accused is not produced in court.
- A successful investigation is important to prove guilt beyond reasonable doubt and
The document provides an overview of the Canadian legal system as it relates to the role of security guards. It discusses:
- The hierarchy of courts in Canada from the Supreme Court of Canada down to provincial and territorial courts. It also outlines the jurisdiction of superior courts, federal courts, and specialized courts.
- The types of evidence that may be used in criminal court proceedings, including direct, circumstantial, hearsay, documentary, physical, trace, and evidence handling techniques.
- The responsibilities of security guards regarding evidence collection at a crime scene and proper handling to maintain the chain of custody until it can be used in trial.
- An overview of criminal law in Canada, including the classification of criminal off
The document opposes Kenya's request to the UN Security Council for deferral from the ICC, making several arguments: 1) The request does not have full government support as required. 2) The ICC intervened after Kenya failed to establish its own tribunal. 3) Naming suspects protected witnesses. 4) There is no current violence risk to justify deferral. 5) Failure to prosecute would strengthen impunity. The document calls on the UN to reject deferral and support local accountability and reforms.
The document compares criminal procedures in US federal courts and at the International Criminal Court (ICC). Both systems have similar stages in the criminal process including investigation, application for an arrest warrant from a judicial body, arrest, initial detention hearing, and formal charges. However, the ICC relies on state parties for arrests while the US uses law enforcement. The ICC also does not have jury trials like the US. Overall, both systems aim to protect defendants' rights during criminal proceedings.
Turquie : soutien aux avocats poursuivis par le GouvernementJLMB
The delegation of lawyers from five European countries observed the fifth hearing of the trial of 46 Turkish lawyers who are facing prosecution for being members of an illegal organization in the course of representing imprisoned Kurdish leader Abdullah Öcalan. The delegation is concerned that the lawyers' right to a fair trial is being violated, as the prosecutors' evidence appears speculative and the lawyers have limited ability to challenge it. The lawyers have also been denied bail and face months or years in pre-trial detention between hearings. While seven lawyers have recently been released, the delegation calls for all charges to be dropped to allow the lawyers to return to their work.
The document discusses the process of inquest in the Philippines. An inquest is conducted by a public prosecutor to determine whether a detained person should remain in custody or be charged in court when they have been arrested without a warrant. It outlines the documents required in an inquest, including an affidavit of arrest, and timelines for filing a complaint depending on the severity of the alleged crime. It also explains that the prosecutor must determine if the arrest was proper before proceeding with the inquest. If probable cause is found, the prosecutor may file a complaint in court and recommend bail.
This document discusses the rules and procedures regarding preliminary investigations in the Philippines according to Rule 112 of the Rules of Court. It defines a preliminary investigation as an inquiry to determine if there is probable cause that a crime has been committed and the respondent is guilty. Preliminary investigations are required for offenses with penalties of at least 4 years and are conducted by prosecutors, judges, and other authorized officers in an inquisitorial manner. Their purpose is to preserve evidence and determine if a case should be filed in court. The rights and procedures related to preliminary investigations are further discussed.
STATEMENT BY PRESIDENT JACOB ZUMA ON THE ESTABLISHMENT OF THE COMMISSION OF I...SABC News
Pursuant to the investigation and remedial action of the Public Protector regarding complaints and allegations of the State of Capture, as well as the orders issued by the North Gauteng High Court in its judgment of 14 December 2017, I have decided to appoint a Commission of Inquiry.
The document provides an overview of the Philippine criminal justice system. It discusses the key stages and institutions involved, including:
1) Law enforcement agencies like the police that conduct investigations of reported crimes.
2) Prosecutors that evaluate evidence from police investigations and file criminal charges in court.
3) Courts that oversee legal proceedings, determine guilt or innocence, and sentence those convicted.
4) Correctional institutions that incarcerate and aim to rehabilitate those sentenced.
5) The role of communities in preventing crime and cooperating with law enforcement.
The criminal justice process aims to both punish wrongdoers and promote deterrence, retribution and behavioral change.
The Criminal Justice Process Varies From State To State Week 6guestc9319ef5
The criminal justice process typically involves several stages: investigation by law enforcement, obtaining a search warrant or making an arrest, filing charges through a complaint, information or indictment, an arraignment where the defendant pleads guilty or not guilty, potential plea negotiations, and ultimately a trial if no plea agreement is reached. Key aspects at each stage include requirements for probable cause, constitutional protections of suspects and defendants, the purpose and process of bail, and defendant and prosecution rights regarding evidence and jury selection.
Chapter1. Plea bargaining.Plea agreement is any agreement in a c.docxchristinemaritza
Chapter1. Plea bargaining.
Plea agreement is any agreement in a criminal agreement which occurs between a prosecutor and a defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. The different types of plea bargain are;
· Charge bargaining; this is a case whereby the defendant to a less serious crime that is less than the original charge.
· Count bargaining; in this type the defendant only pleads to only one or more charges which are considered original and its ends up with the prosecutor dropping all the other cases or charges at hand.
· Sentence bargaining; This type of plea bargaining involves the defendant taking a plea of guilty or no contest after both parties have come into an agreement
In the process of who does the plea agreement we find out that it’s an agreement between two parties who are the defendant and the prosecutor in which the defendant will have to finally accept to be guilty in the exchange for an understanding by the prosecutor to drop one or more charges at hand.
We come to find out the influences of the plea bargaining to be;
· We find it hard to allow all the cases to be bargained down.
· It’s not allowed for the lawyers to give a sentence but the Judges.
· There is a multiple of opportunities to choose a trial upon those who chooses a plea bargain.
· We find out that there are very many types of plea bargains such as the sentence, fact, count, and the charge bargaining type.
Chapter 2; Crime Figures.
It’s reported that there were an estimated 1,197,704 violent crimes committed around the nation.
In 2015, the following statistics were taken;
· There were observed 327374 robberies which occurred nationally.
· There were around 90185 rape cases that were reported which lead to the states to introduction of revised rape definition laws.
· During 2015, it was estimated that around 1569 people in the whole nation were considered murderers.
· There was a property crime report which estimated that 14.3$ billion people were considered lost.
The following are some of the reports that were collected by the year 2015;
· The Federal Crime Data; The 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies are included in the second UCR report majoring on the crime reporting from federal agencies.
· Human Trafficking; The general content about human trafficking together with data provided agencies that reported human trafficking offences in 2015 are represented in the third report UCR’s trafficking data.
· Cargo Theft; In this third report from UCR’s cargo Theft Data collection, there is information about the data given out by the agencies that gave out Cargo theft violation.
Chapter 3; Search warrant.
This is an official order signed by the judge allowing the police to do thorough search for specific objects at a specific place and at a specific time.
How a search warrant is obtained by the police.
The police ar ...
The document summarizes the process of criminal trials in India. It outlines the key laws governing criminal procedure and offenses in India, including the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act. It then provides a flow chart depicting the typical stages of a criminal investigation and trial in India, from police investigation and filing charges to court proceedings, potential appeals, and outcomes of acquittal or conviction. Key concepts in Indian criminal law like bailable vs. non-bailable offenses, anticipatory bail, and cognizable vs. non-cognizable cases are also defined for context.
This letter from Jacob Zuma objects to the Constitutional Court's directive for him to file an affidavit addressing sanction for contempt of court. Zuma argues that the directive is a sham to legitimize the court's decision, which was made without hearing him. He refuses to file the affidavit on grounds of conscientious objection, citing concerns over lack of a fair hearing and deprivation of his constitutional rights by the court. Zuma believes the court has overstepped its jurisdiction and is biased in supporting politically-motivated narratives against him from the Zondo Commission.
The document discusses international extradition practices and Kenya's extradition laws and framework. It provides an overview of key principles of extradition like double criminality and specialty. It also outlines Kenya's Extradition Act and extraditable offenses. Case examples discussed include a US case where the court found jurisdiction over a forcibly abducted defendant, and a South African case where the court found it lacked jurisdiction over an abducted defendant due to the manner of his abduction.
CANADA'S SYSTEM OF JUSTICE
Introduction
The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
As a part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The summary is:
1) Nomgcobo Jiba has been removed from her position as Deputy National Director of Public Prosecutions (DNDPP) after President Ramaphosa accepted the recommendations of the Morgoro Enquiry to remove her.
2) Jiba disputes the findings of the Enquiry and argues that it failed to properly consider prosecutorial independence and contravened constitutional principles by overturning court findings.
3) Jiba intends to clear her name and ensure her actions were done to advance prosecutorial independence, not undermine it, through legal challenges and engaging with Parliament.
Similar to Eight Reasons Why Capt Glen Aroza Of India Can Never Get Justice In Taiwan (20)
Paper on status of taiwan law in international maritime law 08.07.2009 fresh ...National Citizens Movement
1. The document discusses Taiwan's adherence to international maritime law, notably UNCLOS 1982. It outlines Taiwan's participation in international courts from 1912-1971 and acceptance of key maritime conventions.
2. While Taiwan is not a UN member, its domestic laws reference UNCLOS and it has implicitly accepted the convention through laws and actions. The document analyzes Taiwan's legal standing regarding freedom of navigation and responsibility under international law.
3. The interception of foreign vessels by Taiwan at gunpoint would violate UNCLOS and customary international law principles against the use of force.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow, releases endorphins, and promotes changes in the brain which help relax the body and lift the mood.
Affidavit of state of haryana dated 21.07.2016 reporting completion of ground...National Citizens Movement
- The document is a surrejoinder affidavit submitted by Respondent No. 4 in response to the applicant's rejoinder.
- It denies the claims made in the applicant's rejoinder and reiterates the submissions made in the original reply.
- It explains that the issue of inclusion of Natural Conservation Zones (NCZs) in development plans was not originally raised by the applicant.
- It provides details of the process undertaken by the State to delineate NCZs on ground through surveys, in line with decisions of the National Capital Region Planning Board.
- It argues that NCZs have been adequately protected in development plans through various notifications and zoning regulations.
This document is an application filed before the National Green Tribunal seeking compliance with the Tribunal's order from July 2018 regarding the identification, protection, and restoration of water bodies in Haryana. It summarizes the key directions from the previous order and alleges non-compliance, citing newspaper reports about the continued degradation of water bodies. It requests that penal action be initiated against relevant officers for failing to implement the Tribunal's directions to preserve these important environmental resources.
This document provides information about pending whistleblower applications in an ongoing judicial matter. It notes that the whistleblower/applicant has 10 pending applications in the case that have yet to be decided, dating back to 2011. These applications include requests for records, to add parties to the case, and to present evidence. The document calls for the applications to be decided in sequential order so that the whistleblower can properly present evidence in the matter involving alleged criminal conspiracy. It also discusses how a pending probate case could impact the whistleblower's ability to prosecute the case depending on the determination of his locus standi or legal standing.
This document is an urgent whistleblower application filed in an Indian court. It seeks to bring important information on record related to the administration of justice in judicial institutions. It references several pending applications filed by the whistleblower dating back to 2011 that remain undecided. These applications contain evidence of criminal conspiracy and involvement of public servants and judicial officers that the whistleblower seeks to present. The document requests that if the whistleblower's locus standi (standing) is questioned, the pending probate case determining this issue must be decided first before the applications can be heard. It urges the court to decide the various pending applications in sequence to allow the whistleblower to present pre-charge evidence in the matter.
Can violation of basic structure doctrine be a ground to challenge an ordinar...National Citizens Movement
The document discusses whether violation of the basic structure doctrine can be grounds to challenge an ordinary law passed by the legislature. It summarizes the key judgments related to this issue. In Kuldip Nayar v. Union of India (2006), the Supreme Court held that the basic structure doctrine does not apply to ordinary legislation. However, the document argues this was an incorrect interpretation of prior judgments. It analyzes the judgments in Indira Gandhi v. Raj Narain (1975) and State of Karnataka v. Union of India (1977) to argue that ordinary laws can be challenged on basic structure grounds according to the ratio of these cases.
Urban planners and environmental analysts attended a seminar to discuss environmental safeguards for the National Capital Region Regional Plan 2021. They stressed the need for a Strategic Environmental Assessment of the revised draft plan to identify any environmental impacts. The group argued that while individual projects require clearance, there is no review of broader plans that make important land use decisions. They recommended the Ministry of Environment and Forests have representation on the planning board to provide oversight and ensure key environmental protections for sensitive areas are included and implemented in the updated regional plan.
1) The document is a letter from Sarvadaman Singh Oberoi to the Prime Minister of India expressing concerns about the National Capital Region Planning Board's (NCRPB) failure to properly plan the National Capital Region according to sustainable development principles.
2) It notes that the NCRPB is planning to delegate its primary planning powers to an empowered committee, reducing oversight. It cites a news article that this could allow faster approval of projects in Haryana.
3) The letter argues this undermines the objectives of the NCRPB Act and could have disastrous environmental consequences by diluting protections for sensitive areas like the Aravallis without proper evaluation. It requests holding the regional plan in abey
The National Capital Region Planning Board is revising the Regional Plan 2021, which provides guidelines for sustainable development in the Delhi region. However, there are growing concerns that political pressures are undermining the plan. Three new districts were added to the region against the recommendations of planning experts, and state governments have pushed through their own development plans that deviate significantly from the regional guidelines. Many of the proposed changes to the revised plan appear aimed at diluting environmental protections and opening protected lands like the Aravallis to further urbanization. Critics argue this weakens the board's ability to guide and coordinate development in the region.
The document summarizes an upcoming workshop on environmental safeguards in the Regional Plan 2021 for the National Capital Region of India. The workshop will bring together experts to discuss pressures on the region's ecological assets from urban development and identify opportunities to safeguard the environment in the updated plan. The Regional Plan provides statutory planning and zoning control to promote balanced growth while avoiding haphazard development and conserving areas like the Aravalli ranges and Yamuna river floodplains. The workshop aims to review environmental protections and ensure sustainable development within the region's carrying capacity.
2013.08.30 mgd observations, objections and recommendations to revised draft ...National Citizens Movement
The document provides observations, objections and recommendations to the revised draft of the Regional Plan 2021 for the National Capital Region of India. It summarizes that the revised draft dilutes the legal status and enforcement of regional land use plans, reduces the requirement for master plans to be approved by the NCR Planning Board, and removes limits on development in environmentally sensitive areas like the Aravalli Range. It argues these changes could lead to uncontrolled and unsustainable development beyond carrying capacity. The response recommends retaining and strengthening sections from the current Regional Plan to ensure master plans conform with regional plans and are approved by the NCR Planning Board.
2012.10.01 mgd objection letter gmuc ddp 2031 to dgtcp haryana secy mo ef and...National Citizens Movement
The document discusses the results of a study on the effects of a new drug on memory and cognitive function in older adults. The double-blind study involved 100 participants aged 65-80 who were given either the drug or a placebo daily for 6 months. Researchers found that those who received the drug performed significantly better on memory and problem-solving tests at the end of the study compared to those who received the placebo.
2012.05.31 citizens letter on godavarman wp 202 of 1995 06.07.2011 to secy mo...National Citizens Movement
The document outlines issues with the improper implementation of a Supreme Court judgement regarding deemed forests in Haryana. It summarizes that the state forest department's guidance to officials narrowly focuses only on notified forests and fails to identify all deemed forests or wildlife corridors as required by the judgement. This risks non-compliance and will lead to most Aravalli deemed forests and corridors not being identified. It requests officials to ensure identification of all deemed forests as per the judgement and to put development plans on hold until deemed forests are properly identified and protected.
The document discusses the protection of the Faridabad Aravalli forests including the Mangar Bani Sacred Grove from real estate development pressures. It notes that the forests are deemed forests under the Forest Conservation Act but the state government is including large areas as agricultural zones in a new master plan, allowing non-forest uses in violation of the law. It provides regulatory and legal context establishing the forests' protection, their ecological importance for groundwater recharge and wildlife habitat, and concerns that the new plan fails to recognize their status or protect the forests. It requests MoEF action to ensure the forests receive strong protection per existing laws and judgments.
The document discusses the importance of conserving the Aravalli hills in Southern Haryana and Faridabad district. It notes that the Aravalli hills are a critical groundwater recharge zone, providing 20,00,000 litres of water per hectare annually worth Rs. 2 lakhs per year. Developing the hills would threaten the drinking water security of Delhi, Gurgaon and Faridabad, which are highly dependent on groundwater. The document urges zoning the Aravalli hills as a water recharge and forest conservation zone with no construction allowed, in line with the Regional Plan 2021 and Supreme Court orders. It highlights the ecological value of the hills in protecting from desertification,
Why We Chose ScyllaDB over DynamoDB for "User Watch Status"ScyllaDB
Yichen Wei and Adam Drennan share the architecture and technical requirements behind "user watch status" for a major global media streaming service, what that meant for their database, the pros and cons of the many options they considered for replacing DynamoDB, why they ultimately chose ScyllaDB, and their lessons learned so far.
Slide deck with charts from our Digital News Report 2024, the most comprehensive exploration of news consumption habits around the world, based on survey data from more than 95,000 respondents across 47 countries.
#WenguiGuo#WashingtonFarm Guo Wengui Wolf son ambition exposed to open a far...rittaajmal71
Since fleeing to the United States in 2014, Guo Wengui has founded a number of projects in the United States, such as GTV Media Group, GTV private equity, farm loan project, G Club Operations Co., LTD., and Himalaya Exchange.
Shark Tank Jargon | Operational ProfitabilityTheUnitedIndian
Don't let fancy business words confuse you! This blog is your cheat sheet to understanding the Shark Tank Jargon. We'll translate all the confusing terms like "valuation" (how much the company is worth) and "royalty" (a fee for using someone's idea). You'll be swimming with the Sharks like a pro in no time!
projet de traité négocié à Istanbul (anglais).pdfEdouardHusson
Ceci est le projet de traité qui avait été négocié entre Russes et Ukrainiens à Istanbul en mars 2022, avant que les Etats-Unis et la Grande-Bretagne ne détournent Kiev de signer.
18062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
लालू यादव की जीवनी LALU PRASAD YADAV BIOGRAPHYVoterMood
Discover the life and times of Lalu Prasad Yadav with a comprehensive biography in Hindi. Learn about his early days, rise in politics, controversies, and contribution.
13062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
17062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
16062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Christian persecution in Islamic countries has intensified, with alarming incidents of violence, discrimination, and intolerance. This article highlights recent attacks in Nigeria, Pakistan, Egypt, Iran, and Iraq, exposing the multifaceted challenges faced by Christian communities. Despite the severity of these atrocities, the Western world's response remains muted due to political, economic, and social considerations. The urgent need for international intervention is underscored, emphasizing that without substantial support, the future of Christianity in these regions is at grave risk.
https://ecspe.org/the-rise-of-christian-persecution-in-islamic-countries/
ग्रेटर मुंबई के नगर आयुक्त को एक खुले पत्र में याचिका दायर कर 540 से अधिक मुंबईकरों ने सभी अवैध और अस्थिर होर्डिंग्स, साइनबोर्ड और इलेक्ट्रिक साइनेज को तत्काल हटाने और 13 मई, 2024 की शाम को घाटकोपर में अवैध होर्डिंग के गिरने की विनाशकारी घटना के बाद अपराधियों के खिलाफ सख्त कार्रवाई की मांग की है, जिसमें 17 लोगों की जान चली गई और कई निर्दोष लोग गंभीर रूप से घायल हो गए।
12062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
15062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Federal Authorities Urge Vigilance Amid Bird Flu Outbreak | The Lifesciences ...The Lifesciences Magazine
Federal authorities have advised the public to remain vigilant but calm in response to the ongoing bird flu outbreak of highly pathogenic avian influenza, commonly known as bird flu.
Federal Authorities Urge Vigilance Amid Bird Flu Outbreak | The Lifesciences ...
Eight Reasons Why Capt Glen Aroza Of India Can Never Get Justice In Taiwan
1. EIGHT REASONS WHY CAPT GLEN AROZA OF INDIA CAN NEVER GET
JUSTICE IN TAIWAN
I. In our meetings with Taiwan’s representatives at New Delhi we were given a
very sympathetic hearing; innocence of Capt Glen Aroza was accepted in their
body language if not in any positive response accepting our stand. It was
highlighted to us that while at a personal level they empathized with Preetha’s
(wife of Capt Glen Aroza) predicament, at an official level they were bound
by the official stand of the President of Taiwan, already conveyed to us. It was
not for them as Taiwan Government servants to discuss the vexed issue of
high seas jurisdiction or the competence of the trial court in this matter
involving a ship of Panama Flag State. Their body language and lack of eye
contact gave away their discomfiture. In fact we could sympathize with their
predicament as fellow human beings. They did not even make any assurance
that our letter of appeal dated 22 July 2009 would be forwarded to MOFA,
Taiwan; in fact the Ambassador declined to meet us citing the high sensitivity
of the case. We have, however, no complaint against the handling of the case
by Taiwan’s representatives at New Delhi, as domestic pressures in Taiwan
dictate the course of events in Taiwan.
II. In our meeting with the Ambassador of Panama on 22 July 2009 he expressed
his helplessness in this case as he had no knowledge of it and also had no role
to play. At best he said he would ask for the status of the case from his
Foreign Ministry; if he receives any details he promised to forward them to us.
Nothing was heard; on 30 July 2009 a new Ambassador took over and we are
in the process of requesting him for a meeting on his return from Mumbai on
5 August 2009.
III. The criminal justice system of Taiwan is undergoing massive reforms at the
moment. However many learned commentators on the emerging criminal
justice system conclude that despite the highly commendable reform process,
the historical baggage of authoritarianism ensures that there now exists in
Taiwan “ An Adversarial System that Lacks Adversaries”. {Taiwan’s New
Adversarial System and the Overlooked Challenge of Efficiency-Driven Reforms,
MARGARET K. LEWIS, VIRGINIA JOURNAL OF INTERNATIONAL LAW [Vol. 49:32009]
TAIWAN’S NEW ADVERSARIAL SYSTEM}. “Unlike their American or British
counterparts, Taiwan's legal professionals were not exposed in law school or
at the Judges and Prosecutors College to evidence law concepts. It was
assumed, utterly incorrectly, that Anglo-American evidence law could be
picked up in a weekend seminar.” {Walking the Fine Line in Taiwan's New Criminal
Code, BRIAN L. KENNEDY, Taiwan Review Vol.53 No.01 Jan. 2003}
IV. In a missive to Preetha of 16 July 2009 the office of the President of Taiwan
says “President Ma is not in a position to intervene in any legal cases as the
judiciary must remain fully independent. Please be assured that any legal
cases, including this one, will be adjudicated in open and fair court
proceedings, regardless of nationality.” We pray and hope that this will come
true. However we are not comfortable about “adjudicated in open and fair”
because of two Articles of Taiwan Criminal Procedure Code:
2. “Article 155 The probative value of evidence shall be determined at the discretion
………of the court……..Evidence …….. having not been lawfully investigated, shall
not form the basis of a decision. [COMMENT: Therefore, the judge may or may not accept the
expert testimony, in his discretion, and if experts’ opinion was not accepted, who could set the safety
standards?]
Article 245 An investigation shall not be public.
The defense attorney of an accused or suspect may be present ………such presence
may be ….. prohibited. The public prosecutor……during the investigation shall not
disclose whatsoever information…” [Taiwan prosecutor has conducted the entire investigation
in highly secretive manner and even taken away original documents from the defence lawyer leaving
no copy with the defence. The prosecutor all along misinformed NYK and Capt Glen Aroza that he
was required as witness and sought his co-operation, which was given, but now manslaughter charges
have been framed against him. What “open and fair court proceedings” the President of Taiwan is
talking about in this kind of scenario?]
V. According to Taiwan Justice Ministry website, administratively, prosecutors’
offices at all levels in Taiwan are subject to the supervision of the Minister of
Justice. This lady works directly under the control of the President of Taiwan.
In addition to directing, supervising and assigning prosecutorial and
administrative affairs, the Prosecutor General is required to supervise all
prosecutors, who possess the status of judicial officials, at different court
levels of the whole nation. Prosecutors shall follow the orders and directions
of their superior prosecutors. Being different from the authority of judges who
conduct trials independently, prosecutors are bound by the orders of their
superiors. The Prosecutor-General or the chief prosecutor may personally
undertake the business assigned to a subordinate prosecutor. In a criminal
proceeding, the prosecutors’ office, acting as the instigator of the action, and
the court which is in charge of trial, are two opposing bodies with independent
and separate functions. [That the President of Taiwan has the authority to have the case
investigated and adjudicated in open and fair court proceedings by appropriate orders to the
Minister of Justice and in turn to Prosecutor General of Taiwan is therefore within the well
established Taiwanese constitutional norms; in view of the international uproar of
miscarriage of justice in this case, it is high time the President of Taiwan / Minister of Justice
/ Prosecutor General of Taiwan inquire discreetly in the matter by examining Articles 5, 9,
270 & 304 of Taiwan Criminal Procedure Code and other Taiwanese legislations, as also all
applicable international jurisprudence, in line with what the civilized world understands is
due process of law, proper rules of evidence and an adversarial system which has functioning
adversaries, unlike the present state of Taiwan criminal justice system highlighted in
International and Taiwanese law journals referred above.] [http://www.slc.moj.gov.tw/
ct.asp?xItem=5954&CtNode=11186&mp=104]
VI. Taiwan news media was the first to reveal to the World that the TOSA was
intercepted by the use of forcible measures in International Waters by Taiwan
Coast Guard and forced to proceed into Taiwan territorial waters and detained
at Hualien Port of Taiwan. This is a blatant and unparalleled illegal act of use
of force by a non member of the United Nations against vessels and
individuals of United Nations member States. Continuing silence of the
United Nations and all the concerned member States is both dangerous and
shameful. It is also unacceptable to the seafarer and transport federations
worldwide who have gone on a concerted offensive on the matter as of today.
3. VII. Article 5 of Taiwan Criminal Procedure Code states, "A court of the place
where an offense is committed or where an accused is domiciled, resides, or
is located shall have jurisdiction over the case. If an offense is committed on a
vessel or an aircraft of the Republic of China outside the territory of the
Republic of China, the court of the place where the vessel is registered or
from which the aircraft departed or landed after the commission of the offense
shall also have jurisdiction." Initially the prosecutor insisted that the
“collision” occurred at about 0043 hours on 17 April 2009 in territorial waters
and hence she claimed jurisdiction. The latest media reports as of 4 August
2009 in Chinese language are now giving the date of “collision” as 16 April
2009, whereas the Taiwan English media sticks to 17 April 2009 as the date of
“collision” which is even now being stated in the media as having occurred in
territorial waters. A detailed examination of the prosecutors indictment [File
No.: 2009-chen-tzu-ti-1873] reveals that she has quietly shifted her stand on
jurisdiction away from territorial waters to take support from Article 5 above,
“ an offense … committed on a vessel or an aircraft of the Republic of China
outside the territory of the Republic of China” without understanding that this
clause only applies onboard a vessel flying the flag of Taiwan and under no
stretch of imagination could this be extended to any vessel flying the flag of
Panama upon the high seas. Hence there is no valid jurisdiction claim made in
the indictment and in the ordinary course this would lead to dismissal of the
case. But the surrounding circumstances of highly illegal detention on high
seas do not inspire confidence that a proper decision on jurisdiction would be
taken in consonance with international law in the facts and circumstances of
the case. The irregular actions of the prosecutor are a pointer to support from
the highest levels of the hierarchy as Taiwan law gives unfettered powers over
prosecutors to the President of Taiwan / Minister of Justice / Prosecutor
General of Taiwan as has been clearly elucidated above. As the previous
Ambassador of Panama hinted to us this kind of matter could potentially even
lead to open hostilities between Taiwan and concerned member States of the
United Nations. Is this what is keeping the member States from opening their
mouths and taking a stand? If so, may God save the United Nations.
VIII. The fishing vessel, Shin Tomg Chyuan No. 86, that capsized was at all times
closely accompanied by a second vessel of the same ownership, Shin Tomg
Chyuan No. 82, before and after the passage of the TOSA at 2350 hours on 16
April 2009. This accompanying vessel never made any transmission till about
0030 hours on 17 April 2009. The capsize took place for unknown reasons at
about this time at a point [25 50N 123 08E] 40 minutes away at 6 knots speed
of these two fishing vessels away from their alleged spot of “collision” [25
46.232'N 123 5.186'E] at 2350 hours on 16 April 2009. That the fishing
vessels never made any distress calls till about 0043 hours on 17 April 2009 is
established by the initial questioning of TOSA by Taiwan Coast Guard asking
its location at 0100 hours on 17 April 2009. Also the capsize is alleged by
prosecutor to have taken place around 0030 hours only. It is very significant
that the prosecutor has sanitized all mention of exact location of capsize from
the indictment. This indicates a desire to conceal that these two fishing vessels
4. proceeded at nearly full speed for 40 minutes in a north easterly course for 4.5
nautical miles WITHOUT MAKING ANY DISTRESS CALLS. An
unexplained capsize at 0030 hours or later found the Chief Engineer sound
asleep in his cabin, as if nothing had happened (the TOSA was by now about
10 to 12 nautical miles removed) and the Chief Engineer went down in the
sudden capsize – was it perhaps a one in a billion chance of yet another
nuclear powered submarine suddenly surfacing to take bearings in this area
claimed by Japan, PRC and ROC? We will never know. There have been over
30 reported incidents of collisions of nuclear powered submarines.
[1961 Russia US submarines (USS Swordfish) collision
196? USS Skipjack (submarine) collision with Russian destroyer
15 Oct 1965 2 nuclear submarines collision
Jul 1965 USS Medregal(submarine) collision with Greek freighter.
Mar 1966 USS Barbel (submarine) collision with freighter near North Vietnam.
Dec 1967 Russia US submarines collision
19 Oct 1968 Russia NATO submarines collision
Nov 1969 Russia US submarines collision
14 Mar 1970 Russia US submarines collision
Jun 1970 Russia US submarines collision
Mar 1971 Russia US submarines collision
Mid-1971 Russia USS Dace submarines collision
Late 1971 or early 1972 USS Puffer (submarine) collision with Russian submarine
May 1974 US submarine USS Pintado collision with Soviet missile boat
3 Nov 1974 Russia US submarines collision
28 Aug 1976 USS Vogue collision with Soviet submarine
Late 1981 HMS Sceptre (submarine) collision with Soviet submarine
3 Oct 1986 Russia US submarines collision
24 Dec 1986 HMS Splendid (submarine) collision with Soviet submarine
11 Feb 1992 Russia submarine collision with USS Baton Rouge
20 Mar 1993 Russia US submarines collision
11 Feb 1998 US submarine sank South Korean fishing boat
19 Mar 1998 2 US submarines collision
12 Aug 2000 Russia US submarines collision
9 Feb 2001 US submarine collision with Japanese training fishing vessel Ehime Maru
8 Jan 2005 US submarine collision with underwater mountain
Sep 2005 US submarine collision with Turkish cargo ship
10 Nov 2005 Japanese navy discovered a PRC nuclear submarine in Japanese territorial waters near Okinawa
8 Jan 2007 US submarine collision with Japanese M.T. Mogami Gawa
7 Jan 2008 Indian submarine collision with M.V. Leeds Castle
3 Feb 2009 UK France submarines collision
20 Mar 2009 US submarine collision with USS New Orleans
23 Apr 2009 PRC Unveils New Fleet of Nuclear Submarines
11 Jun 2009 PRC submarine collision with USS John S. McCain (Chinese coast)]