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Miscarriage of Justice
Leaving aside issues of evidence and proof, one possible definition of miscarriage in the context of criminal justice will now be suggested, and it is one whichreflects an individualistic rights-based approach to miscarriages of justice.
A miscarriage occurs as follows:
These six categories, which revolve around themes of breach of rights of
suspects/defendants, the disproportionate treatment of
suspects/defendants or the non-vindication of the rights of victims,
might be termed direct miscarriages.
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Few points you should ask a lawyer
What are The professional obligations of a lawyerAll lawyers have to maintain the code of conduct as prescribed :All lawyers have to maintain the code of conduct as prescribed : Privileges, ethics, rules of professional conduct: lawyers have high standards and lots of duties to uphold. Your lawyer must represent you ethically, zealously and within the bounds of the law.
Here are some basic ethical and professional rules your lawyer must follow:
Your lawyer must competently analyze legal issues and exercise knowledge of the law applicable to your case. He or she must communicate with you in a timely and effective manner.
Your attorney owes you, as the client, a duty of loyalty. Your lawyer cannot simultaneously represent you and as well as another client with legal interests that conflict with yours. An example of an obvious conflict would be representation of both the plaintiff and the defendant in a law suite.
Your lawyer is required to follow your directions in handling your case until and unless those directions given by you are illegal.
Your lawyer is under the duty to keep your personal property separate from his or her own property, and must keep your money in an escrow account. So that any time you demand it, your lawyer must return your money or property.
Your lawyer may have other responsibilities to you, depending on your case and the ethical rules that apply in your jurisdiction.
Are your discussions with your lawyer confidential?Yes. When you speak with a lawyer about a legal matter, your communications with that lawyer are privileged. This means that subject to some very limited exceptions, and unless you grant permission, your lawyer cannot disclose to a third party any information that you provided. Yes. When you speak with a lawyer about a legal matter, your communications with that lawyer are privileged. This means that subject to some very limited exceptions, and unless you grant permission, your lawyer cannot disclose to a third party any information that you provided.
What is Contempt of Court?Under the Contempt of Courts Act, 1971, contempt means civil and criminal contempt. Willful disobedience to any judgment, decree, direction, order, writ or other process of a Court, or willful breach of undertaking given to the Court would amount to civil contempt under the Act.
Publication of any matter by words that may be spoken or written, or by way of visible representations or otherwise or the doing of any of the following acts, would amount to criminal contempt:
Few tips to bounce back from bankruptcyIf you follow these tips given below you can become debt-free and stay debt-free. Money is power nothing less nothing more.
Our thoughts about money generally falls under three categories:
How to change your lawyerEvery client has a right to discharge his or her lawyer at any time for any reason or no reason at all, irrespective of the fact whether or not any money is owed. Off course you will continue to owe your formal lawyer for time spent working on your case.
If your lawyer is not performing to your satisfaction, you may wish to send a letter (keep copies the letter) stating all very specifically what needs to be changed. In spite of your discontent expressed to your lawyer there is no improvement, then you may start looking for another lawyer.
Something's cannot be changed: for example, when you loose trust and confidence in your lawyer or nothing is worse than filling trapped in a bad relationship with your lawyer. Then the only way out is to change your lawyer.
As par Ed Sherman for practical divorce solution If your spouse has an attorney, it would be unwise to fire your old attorney until you have another, and your new attorney will arrange the transfer. However, if your spouse has no attorney, you can consider taking over the case yourself.
If you discharge your attorney to take over yourself, do it in writing and keep a copy of the letter. If the attorney has filed documents in court, you must also file a Discharge of Attorney naming yourself as the new attorney In Pro Per or Pro Se, which means that you represent yourself. We have a Discharge of Attorney form that you can copy and use.
Copy or print it, fill it out, sign it, make three copies. Have someone (not you) mail a copy to your ex-attorney, your spouse and your spouse's attorney, if any. That person signs the Proof of Service at the bottom, then you file it with the court clerk.
Send a letter to your ex-attorney politely explaining that you have taken over your own case and request that all files and papers be immediately forwarded to you. An attorney cannot ethically delay turning over files and Documents merely to pressure you into payment of amounts owed. Failure to promptly forward files as you request is a breach of the attorney's ethical duty to you. In case of unreasonable delay, fire off a letter of complaint to the local and State Bar associations with copies to your old attorney. Meanwhile, you can always get copies of court documents from the court clerk.
First Information Report (FIR)The information given to a police officer and reduced to writing as required by the following sections is known as the first information and the corresponding report is understood to mean the first information report (FIR) Section 154(1) of the Code of Criminal Procedure provides that every information relating to the commission of a cognizable offence (i.e. an offence for which a person may be arrested even without warrants), if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, be read over to the informant, every such information whether given in writing or reduced to writing, shall be signed by the person giving it, substance thereof shall be entered in a book in a prescribed manner.
S154 (2) provides that a copy of the information as recorded under sub section (1) shall be given free of cost to the informant.
S154(3) provides that if the information is not recorded by the police officer,the informant can approach the Superintendent of Police by sending him the substance of the information by post. Such officer can investigate the case himself or direct an investigation by his surbodinate officer.
Where any information disclosing a cognizable offence is laid before the officer-in-charge of a police station, he has no option but to register the case and thereafter start investigations.
The principal object of the FIR from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and bring to book the guilty.
The word information means something in the nature of a complaint or accusation, or at least information of a crime, given with the object of putting the police in motion in order to investigate, as distinguished from information obtained by the police when actively investigating a crime.
In determining whether a report is or is not a FIR, regard should be had to the following:-
It should not be vague or indefinite but an information of facts showing commission of a cognizable offence enabling the police or giving scent to take up investigation.
It may be given by any one, not necessarily the person aggrieved or by someone on his behalf.
It need not name any one as offender or witness; nor need it state the circumstances of the commission of the crime. It is the first information, which sets the police in motion.
No duration of time is fixed as reasonable for giving information to the police. Mere delay, therefore, in lodging the FIR is not necessarily, as a matter of law, fatal to the prosecution. Where delay in filing the FIR in a rape case had taken place, the Court was satisfied by the explanation that since the honour of a family was involved, the complaint was delayed.
FIR does not constitute substantive evidence (cannot be used as evidence in itself), and it can, however, be used as a previous statement for the purpose of corroboration or contradiction of its maker. The FIR can in no means be utilised for contradicting or discrediting other witnesses.
FIR by the Accused to the police stands on the same footing as an information by another person except that the confessional part, if any, must be excluded.
S 155 deals with information relating to the commission of a non-cognizable offence (arrest with a warrant). S155 (1) provides that a police officer receiving information of a non-cognizable offence must enter the substance of it in a book kept in such form as the State Government may prescribe and then refer the informant to the Magistrate.
The word offence includes an intended offence or offence imminently likely to take place S155 (2) provides that a police officer must not investigate a non-cognizable case without an order of a Magistrate having the power to try the case or commit it for trial.
Court has held that a Magistrate should not order investigation in a non-cognizable offence arbitrarily and capriciously. He must apply his mind to the facts and see whether there are reasonable grounds for believing that an offence has been committed.
DISCLAIMER: This discussion is general in nature and is not intended to and does not create a lawyer/client relationship. This discussion should in no way be relied upon or construed as legal advice, particularly since most legal outcomes are highly dependent on the facts of a particular case or situation. This discussion is provided on the condition that it cannot be referred to or quoted in any legal proceeding; if this condition is unacceptable to you, immediately delete this email and do not keep a copy of it in any form. The reader or recipient is strongly urged to consult with a lawyer for legal advice on these matters. Any reliance on the discussion information by someone who has not entered into a written retainer agreement with the lawyer providing the discussion information is at the reader's or recipient's own risk.
Child Custody law in India: Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
In any proceeding under this Act, the court may, from time-to-time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible and may, after the decree,
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