What questions can not be asked from a witness in a court?

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The asking of questions from a witness or accused or any other person in a trial, whether in civil court or criminal court, is governed by the Indian Evidence Act 1872. Chapter IX (sections 118 to 134) and Chapter X (sections 135 to 166) of this Act deals with the witnesses, their examination, cross examination… Read more »

What is the remedy in the criminal law for removal of public nuisances?

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Public nuisance is both a civil wrong as well as a criminal wrong. A person aggrieved by the same can file a suit for damages/compensation in a civil court against the person causing the public nuisance. In criminal law, public nuisance is defined in section 268 IPC. As per this, a person is guilty of… Read more »

What is Kalandra?

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Kalandra is a sort of notice issued under section 107 against a person against whom there is an information that he is likely to commit breach of peace or disturb the public tranquility or any other wrongful act leading to breach of peace or disturbance to the public. Such a show cause notice is issued… Read more »

What happens when a person is declared proclaimed offender?

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Once a person is so declared a P.O. under section 82, the court may order for attachment of any property (whether moveable or immoveable) belonging to the said person under section 83. However, it may so happen that some other person or persons may also have some interest in the property so attached. In that… Read more »

Who is a Proclaimed Offender?

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Section 82 of Cr.P.C. incorporates the concept of ‘Proclaimed Offender’ or ‘PO’. If a court is of the opinion that a certain person against whom a warrant* ( bailable or non-bailable) has been issued by it is trying to hide away from the police so that the warrant can not be executed, then the court… Read more »

I have filed a civil case against someone relating to a matter. Can I also file a criminal case against the same men for what he had done?

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Mere pendency of a civil proceeding concerning the matter involved is no bar to initiation of criminal proceeding provided the action complained amounts to a criminal offence. Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is “beyond a reasonable… Read more »

What is probable outcome for the brand owner?

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The prerequisite in matters related to all counterfeiting actions is to send out a strong deterrent to the market that the brand owner would take all necessary legal steps to stop such nefarious activities which hurt its statutory and proprietary rights. The ripple effect created through the raid would certainly dissuade others in the market… Read more »