Admissibility-of-Xerox-Documents

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Procedure for filing Criminal Complaint

Procedure for filing Criminal Complaint
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A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:
Filing an FIR-
In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.
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What can you do if your FIR is not registered?
It is illegal to not register an FIR. The remedies available are:
1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
3. You can file a private complaint before the court having jurisdiction.
4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.
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What is the next step after filing an FIR?-
The police conducts investigation, which may include arrests. Once the investigation has been concluded the police will record all their findings in a Challanï or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.
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What is a zero FIR and when should it be used?-
A zero FIR is used for crimes such as murder,rape etc. where immediate investigation is required and time cannot be wasted in reaching the police station under whose jurisdiction the crime falls. The main idea of a Zero FIR is to initiate the investigation or urge the police to take their initial action. Once you have lodged a Zero FIR, make sure that your complaint is not transferred to the appropriate police station in your jurisdiction without any initial action or investigation.A zero FIR is necessary for crimes where immediate action is required,eg in case of murder,rape etc, or when the police station under whose jurisdiction the crime was committed is not easily accessible, eg in case of crimes while travelling.
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Criminal Complaint: The Plaint-
It is a document submitted by the complainant to file a criminal complainant against an accused. In layman’s language, it is simply the written allegations of the complainant and it contains a summary of the facts of the case he seeks to present and the relief he seeks for the same.
If you are filing a plaint, you are the ‘plaintiff’ and the person whom you are filing against, is the ‘defendant’. There are certain regulations set by the ‘Limitation Act,1963’ for filing of plaints.
For instance, there is a time limit within which the plant should be filed, and it differs for different courts.
The Plaint, as per the Act, should be filed within 90 days in High court and within 30 days from the date of the crime that is being appealed against.
The details required to be mentioned in the plaint are:
A.The name of the court
B.The nature of the complaint
C.The name and addresses of both the parties.
All of this is normally typed in English, with double-line spacing.
It is also important to remember that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court of law. It should also contain a verification from the complainant with an assurance that all facts stated in the plaint are correct and true to his knowledge.
As the plaint procedure is simple, and if you have enough proof in hand, you can file them with the help of an expert in no time.
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Criminal Complaint: Vakalatnama-
This document is submitted by the complainant authorizing an advocate to argue the case on his behalf. Although an individual can file their Vakalatnama, the terms used are highly technical for a layman to understand, and respond in case of queries. Hence, a vakalatnama is a document that gives the advocate (who is appearing on your behalf) the authorization to fight for justice, and handle all court procedures on your behalf.
It contains the terms and conditions of this authorization, and lists out the rights of the advocate. The terms and conditions, mentioned in the Vakalatnama include:
1. The advocate will not be held responsible for any decisions taken by him/her during the course of an investigation, in the best interests of the clients.
2. The advocate will be paid the requisite fees as well as the fees for the court proceedings.
3. The advocate can be disengaged at any time during the proceedings, if the client wishes, and so on.
The basic idea of a Vakalatnama is to engage a lawyer to fight for the case in the court, and to provide him the authorization to do it with the permission of the plaintiff.
The vakalatnama is affixed with the plaint and submitted to the court by the advocate authorized to represent the case.
Although no fees are paid for submission, some courts demand a stamp ‘Advocate Welfare Stamp’ to be pasted on it.
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Criminal Complaint: Court Fees-
The plaints are required to pay the court fees, as per the rules and regulations set by the Court fees Stamp Act.
The nominal court fee is then paid by the Complainant as required by the Court Fees Stamp Act. The court fees usually amount to a nominal percentage of the value of a claim or the suit being made in the case filed and thus, differs depending upon the case.
The advocate authorized to carry on with the dealings of the case will be able to instruct about the procedures and also the court fees to be paid.
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DIFFERENCE BETWEEN CONTRACT AND AGREEMENT


 DIFFERENCE BETWEEN CONTRACT AND AGREEMENT

 rickjohn Posted 14 Jun 2017 Post Comment Visitors: 4037

Difference between Contract and Agreement 

“All contracts are an agreement, but all agreements are not contracts” is an old statement which means that agreement is different from a contract. We may come across hundreds of agreement daily without knowing the fact that it may or may not bound us legally. Agreements which bind us legally are known as a contract.


An agreement can be made without legal involvement whereas a contract needs to be legalized. Agreements are generally made are usually held by taking someone’s word and for small things. When there is an involvement of important issues where a promise cannot suffice then a contract is made. Even though contracts and agreements are used for the same purpose, a contract is said to be a professional agreement.

There are different types of contracts which can be developed. Financing contract is one which created between a debtor and a lender. Contracts created between workers and the person who is paying them to complete a certain project is known as project management contract. Other types of contracts are building contracts, service contracts, and even marriage can be also considered marriage as contract. Agreements are differ from contract in that they are made on a personal understanding with a trust that a person will complete their half of the agreement. Agreements can also be made for the forgoing things; however it does not provide legal guarantee that other person should fulfill the agreement. Agreements are generally made between friends or family members and are similar to promises. Agreements can be broken as there are no legal repercussions.

For a contract to become binding, there are certain essential elements that it must possess. It must demonstrate universal acceptance and also plausible. Whereas when an agreement is made, only a verbal acceptance by the parties involved is needed. Agreement can also be made if the stipulations are impossible. The parties are able to modify an agreement as they see fit and when they want.

Agreements and contract are created with the same purpose. The difference lies in the formality of the contract and the personalization of an agreement.

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List Of Basic Legal Terms

List Of Basic Legal Terms

1. ad valorem: - According to the value; in proportion to value. 

2. air rights: - Rights to use the air above land; air rights accompany land ownership of land, with some limitations, e.g., a landowner has the right to recover damages from airlines that interfere with his or her use of the land, but is not allowed to pollute the air. 

3. Aleatory: - Random, uncertain, depending on chance. 

4. Anton Piller: - order: an order by the High Court. It gives the applicant permission to search the defendant's premises for evidence, inspect it and take it away. It is intended to prevent evidence being destroyed or hidden which would be relevant to the case. (Since April 1999, this has been known as a 'search order'.) 

5. Bailiwick: - the area over which a bailiff has jurisdiction. 

6. Bona vacantia: - goods or an estate belonging to nobody. 

7. Cartel: - an agreement between businesses to restrict competition and keep prices high. 

8. Caveat: - a warning. 

9. Chattel: - any property except freehold land. 

10. Corpus delicti: - Is the body of a person who has been killed unlawfully; or the facts which make up an offense. 

11. Euthanasia: -killing someone to end their suffering.

Minimum wages RS 10500

കുട്ടികളെ തല്ലിയാല്‍ അധ്യാപകനെ പ്രോസിക്യൂട്ട് ചെയ്യാനാകില്ല: ഹൈക്കോടതി

കുട്ടികളെ തല്ലിയാല്‍ അധ്യാപകനെ പ്രോസിക്യൂട്ട് ചെയ്യാനാകില്ല: ഹൈക്കോടതി

കൊച്ചി: അച്ചടക്കം പഠിപ്പിക്കാന്‍ കുട്ടികളെ തല്ലുന്ന അധ്യാപകനെ പ്രോസിക്യൂട്ട് ചെയ്യാനാകില്ലെന്ന് കേരള ഹൈക്കോടതി. തൃശൂരിലെ എയ്ഡഡ് സ്‌കൂള്‍ അധ്യാപകന്‍ പ്രിന്‍സ് കുര്യന്‍ നല്‍കിയ പരാതി പരിഗണിക്കവെയാണ് ജസ്റ്റിസ് പി ഉബൈദിന്റെ പരാമര്‍ശം.

വിദ്യാര്‍ത്ഥിനിയുടെ പിതാവ് 2014ല്‍ തനിക്കെതിരെ നല്‍കിയ ക്രിമിനല്‍ കേസ് റദ്ദ് ചെയ്യണമെന്ന് ആവശ്യപ്പെട്ടായിരുന്നു അധ്യാപകന്റെ ഹര്‍ജി. ക്ലാസില്‍ ശ്രദ്ധിക്കുന്നില്ലെന്ന് ആരോപിച്ച് അധ്യാപകന്‍ മകളുടെ കൈകള്‍ പിടിച്ച് ബലമായി ഞെരുക്കിയെന്ന് കാട്ടിയായിരുന്നു രക്ഷിതാവ് കേസ് കൊടുത്തത്. കേസില്‍ കുട്ടികളോടുള്ള ക്രൂരത(ജുവൈനല്‍ ജസ്റ്റീസ് ആക്ടിലെ സെക്ഷന്‍ 23 പ്രകാരം), മാനസിക പീഡനം എന്നീ കുറ്റങ്ങളാണ് അധ്യാപകനെതിരെ ചുമത്തിയിരുന്നത്.

'അച്ചടക്കം പഠിപ്പിക്കാനായി കുട്ടിയെ തല്ലിയ അധ്യാപകനെ, മര്‍ദ്ദിച്ചെന്ന് ആരോപിച്ച് പ്രോസിക്യൂട്ട് ചെയ്യാനാകില്ല. കേസില്‍ അധ്യാപകനെതിരെ ചുമത്തിയ ജുവൈനല്‍ ജസ്റ്റീസ് നിയമപ്രകാരമുള്ള കുറ്റം നിലനില്‍ക്കുന്നതല്ല'- കോടതി വിധിന്യായത്തില്‍ പറയുന്നു. കേസില്‍ പ്രോസിക്യൂഷന്‍ നടന്നാല്‍ അത് പെണ്‍കുട്ടിയുടെ ഭാവിയെയും അധ്യാപക-വിദ്യാര്‍ത്ഥി ബന്ധത്തേയും പ്രതികൂലമായി ബാധിക്കുമെന്നും കോടതി പറഞ്ഞു.