boss2966Harbouring of Offender
Section 216 of Indian Penal Code
Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody; or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following that is to say,—
if a capital offence.—if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—if the offence is punishable with 1[imprisonment for life], or imprisonment for ten years, he shall be punished with imprison*ment of either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.
“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be appre*hended or detained in custody in India; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception.—This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended
From India, Kumbakonam
boss2966What is criminal Conspiracy.
The Section 120 A of Indian Penal Code explains the Criminal Conspiracy as follows:
120A. Definition of criminal conspiracy.- When two or more persons agree to do, or cause to be done,—
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
Appraisal of law of conspiracy
The prosecution is not required to prove that perpetrators agreed to do or cause to be done the illegal act; Mohd. Usman Mohd. Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr LJ 597.
The evidence as to transmission of thoughts sharing the unlawful design may be sufficient; Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883.
From India, Kumbakonam
boss2966CAVEAT : Caveat is a Latin word which means beware. There are three phrases in Caveat which are as follows
Caveat lector : Let the Reader Beware
Caveat Emptor : Let the Buyer Beware
Caveat Venditor : Let the Seller Beware
CAVEAT PETITION : Caveat is a two line application addressed to the registrar, filled in any of the High Court or Supreme Court of India mentioning the details of any matter which is instituted or expected to be instituted in a suit/appeal/proceeding before the said court where the applicant/caveator request that no order with regard to the said matter may be passed without giving notice to the applicant/caveator. The advantage of such application/caveat is to avoid any ex-parte order in any matter which the other party may try to get at the time of filling the matter in any of the courts. Not much a cost is involved in filling of caveat apart from the cost for sending the notice & copies of the petition/application and/or papers/documents in support of this petition/application of the matter against which this caveat was lodged to the caveator i.e. you & the professional fee of the advocate in filling this caveat which you will have to bear.
From India, Kumbakonam
mahesh_hydDear Bhaskar sir
I read your post in citehr regurarly your are giving very valuable information to citehr members many many thanks
just provide some information for citehr members
Now a days justice available in courts and police stations in some of people only who has some money power and political influnce power
not everywhere some places happening like this just citehr members awarness for just some doubts
if police want to arrest one person the police what should have produce to arrest anything document or not if arrested whom whom to inform the arrest information
what is maximum duration time to keep in police custody arrested men/women wether he arrested in civil/criminal case
if morethan duration time kept in custody whom to appraoch for justice
can he approach or not
charging some false cases on innocent people with third degree methods then what is procedure to get justice innocent people
if one person on interograted on third degree intentionally or on suspect if police not proved anything after integroated and released from custody can he take any action against police by law
some people intentionally make fake complaint to police harrase to others persons example
one x person has to pay some loan amount to another y person
y person going regularly to collect his amount but x person unable to pay amount but he approached the police and give the complaint that y person is went to my home and misbehaved with our family as give false complaint to rid of his loan amount
neighbours having some disputes for that also each others making false complaints
tenant has three rent dew because owner on tent kept false some theft case rid of dew rent
From India , Hyderabad
boss2966Dear Mr. Mahesh First of all let me thank you for your valuable inputs. I will start feeding about the arrest and other details asked by you one by one. Keep on encouraging Mr. Mahesh.
From India, Kumbakonam
boss2966Arrest : Arrest means Holding someone by removing their freedom of liberty. Even if the individual is restricted the movement also known as arrest.
The Arrest is of two types
Open Arrest : Open arrest is nothing but confining one individual within the camp against his freedom.
Close Arrest : Detain an individual against his will and it is made as punishment for any offence one has committed, (or) to restrict one from committing any offence, (or) to prevent one from removing the evidence of crime, which is being used to prove in the court of law against the individual.
What is arrest?
As per Criminal Procedural Code of India, Arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.
Chapter V and section 41 to 59 of Criminal Procedure Code 1973, deals with Arrest of Persons.
As per section 41 (1) Cr.P.C, any police officer may, without an order from a Magistrate and without a warrant, arrest any person,
(a) who has been concerned in any cognizable offence, or a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists; or
(b) who has in his possession of any implement of house breaking; or
(c) who has been proclaimed as an offender or
(d) in whose possession anything is found which may reasonably be suspected to be stolen property; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
(f) reasonably suspected of being a deserter from any of the Armed Forces.
As per section 42 of Cr.P.C., any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence, refuses on demand of such officer to give his name and residence, can be arrested.
As per section 50 of Cr.P.C., person arrested without warrant has to be informed about the grounds of his arrest and about his entitlement regarding bail.
As per section 53 of Cr.P.C., when a person is arrested and if there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector (and for any person acting in good faith in his aid and his direction), to make such an examination of a person arrested as is reasonably necessary, and to use such force as is reasonably necessary for that purpose.
When a person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
As per section 56 of Cr.P.C., A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction of the case or before the officer in-charge of a police station.
As per section 57 of Cr.P.C., No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 16, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
As per section 151 of Cr.P.C., a person can also be arrested to prevent commission of cognizable offences.
What is meant by "Bailable / Non-bailable offences"?
1. Under the Code of Criminal Procedure 1973 (first shedule), offences have been classified as ‘bailable’ and ‘non-bailable’ offences.
2. In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be granted by a Judicial Magistrate/Judge only.
3. In case of bailable offences, if the accused produces proper surety, and fulfills other conditions, it is binding upon the Investigating officer to grant bail.
4. In the case of a non-bailable offence, the Investigating Officer must produce the accused before the Judicial Magistrate / Judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail.
From India, Kumbakonam
boss2966Offence : Offence means any ACT or OMISSION made, which is unlawful and punishable by any law for the time being in force and includes any act in respect of which a complaint may be made even under Section 20 of Cattle Trespass Act, 1871.
Cognizable & Non-cognizable Offence
The first schedule of Code of Criminal Procedure defines the Cognizable Offence as "In criminal justice system of India, a cognizable offence is a criminal offence in which the police is empowered to register an FIR, investigate, and arrest an accused without a court issued warrant."
A non-cognizable offence is an offence in which police can neither register an FIR, investigate, nor effect arrest without the express permission or directions from the court of Law.
From India, Kumbakonam
boss2966If we feel the House owner is charging more rent then we can approach the District Rent Control Board for fixation of Rent for the rental house.
In case the House owner is not accepting the rent in person, the tenant can send the Rent amount by way of Money Order and keep the record for the same. The Money order receipt and in case the owner not accepting the rent then that too can be recorded through postal department. The Rent can also be deposited with court in case the owner filed any suit against the tenant for vacating the house.
All transactions in Indian real estate sector are governed by various laws enacted by the Central Government of India and respective State governments. One such law is the RENTAL LAWS. These laws govern the rental of commercial and residential property and are necessary to enforce individual civil rights of both landlord and tenant and prevention of any kind of deceit.
The real estate scene in India is flawed by land market distortions. The most glaring ones include inflexible zoning, rent and tenancy laws. Zoning laws, rent controls and protected tenancies have been detrimental to the healthy rental trends in India. They have put a freeze to land in city centers that could be otherwise made available for new retail outlets and flats.
These laws also gloss over operational inefficiencies and scuttle competition. Tenants residing could not be evicted for along time and would not surrender their cheap tenancies on their own volition. The renovation of buildings could hardly happen. One such act favoring the rental property market in India is the Rent Control Act.
Rent Control Act
Rent Control Act was an attempt by the Government of India to eliminate the exploitation of tenants by landlords. Rent legislation tends to providing payment of fair rent to landlords and protection of tenants against eviction. But the allowances have been very generous and hence tenants residing in rental properties in India since 1947 continue to pay rents fixed then, irrespective of inflation and the realty boom.
The Rent Control Act has led to several adverse situations like languishing investment in rental housing, withdrawing of existing housing stock from the rental market, stagnating municipal property tax revenue. The rent control along with security of tenure has not given any encouragement to house owners to renovation their houses and most houses as a result have a worn out look.
Repeal of the Rent Control Act would lead to construction boom and meet the growing need for housing and aid employment generation. There will be more rational use of prime locations and will set off a continuous process of urban renewal.
In 1992, the Central Government proposed a model rent control legislation, which was meant for and circulated to all states. The model Act proposed modification of some of the existing provisions on inheritance of tenancy and also prescribed a rent level beyond which rent control could not apply. The New Delhi Rent Control Act that was passed in 1997 was based on this but failed to be notified due to resistance from traders who are sitting tenants. Very few states have introduced the model Act.
The new Maharashtra Rent Control Act, Delhi Rent Control Act, Tamil Nadu Rent Control Act, Karnataka Rent Control Act all has provisions for the dispute among the landlords and tenants. Each of the State Rent Act provides for fixation of Standard Rent as well decree for possession and provisions that lay down the satisfaction of the Court.
Rental Agreement is an integral part of rental law
Rent or lease of a residential or commercial property in India is subject to strict Indian laws. A mutual agreement on the terms and conditions of the rented property by the landlord and the tenant is required. In the present times, leasing a commercial space in India as opposed to owning commercial real estate is turning out to be a brilliant move.
Professional legal advice becomes a necessity as there are fewer tenant-friendly laws in the area of commercial leases, and no standard lease agreements. A lawyer’s help will be useful for making an informed decision in negotiating the best deal on a commercial lease as he/she can research zoning laws and local ordinances and inform you about local real estate market conditions and customs.
A rental agreement refers to a relationship between the landlord and the tenant. It is legally binding upon the parties. It may be brief, or it may have extra conditions or obligations. However, any changes or additions to a rental agreement should be maintained in writing. The rental agreement is a ‘Legal Form’ which has to be completed, signed and dated by the tenant and landlord. There are leases and rental forms for renting, leasing and managing residential rental properties. Both the parties must have access to the document once it is signed.
The landlord should get the agreement registered. The landlord must give the tenant a duplicate copy of the rental agreement, failing which the tenant is not obligated to pay rent until the tenant receives a copy of the rental agreement.
For a lease agreement, the terms of the lessee (tenant) and the lessor (landlord) when they enter into a lease agreement would include terms like the term of lease, deposit amount and monthly rentals. The lessor or the landlord should ensure the premises come back in the right shape in repossession.
There has been no damage to the tiling, plumbing, flooring or electrification and the premises are in the proper condition.
No major changes have been incorporated in the premises. If the lessee has made some changes, which are not acceptable to the lessor, the latter may ask him to undo the changes.
In the case of leasing of furnished premises, the condition of the furnishings is in proper condition.
All the electricity and telephone charges have been taken care of till the specified date by the lessee or tenant at the time of repossession.
On satisfactory fulfillment of all these aspects, the lessor should offer the refund the security deposit (if given) to the lessee offering vacant and peaceful possession of the premises.
In a Tenancy Agreement there is a transfer of interest and it establishes the non-eviction of the tenant by the owner except on the grounds of eviction mentioned under the Rent Act.
Under the Leave and License Agreement transfer of interest takes place on permission and the same can be terminated as per the terms of the agreement. The possession can be demanded back from the licensee. The label to the agreement could be Leave & License or Tenancy Agreement, but it is the intention of the party that counts. Documentation of the commercial lease is also an important rental law procedure.
The rental laws in India need to be revised to protect the owner and his/her property from the tenant.
Special areas of focus should be on terminating old tenancies, removing constraints on increase of rentals and empowering owners in the sense of being able to reclaim their properties without any court proceedings.
The market forces should be allowed to determine the rental amounts and the owner must have full protection for his/her property. This will go a long way in providing security to the landlord and also reduce the deposit amount required with the lease agreements.
If these laws are enacted and strictly enforced, there is every chance that more investors will want to enter the real estate market to utilize the rental fees as income. This is especially true for the commercial sector. The tax laws also need to be revised so that renting of properties becomes a financially viable option. Amendments in the Rent Acts of several states are a progressive move.
From India, Kumbakonam
advocateshankargood for advocates.u can add legal phrases daily.some citations consisting or explaining such words,phrases.
From United States , Los Angeles
boss2966Leave with Wages
Section 79 of Factories Act, 1948 provides Annual leave with wages for the workers engaged by the establishment registered under Factories Act explains as under.
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :-
if an adult, one day for every twenty days of work performed by him during the previous calendar year ;
if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation1: For the purposes of this sub-section :-
any days of lay-off; by agreement or contract or as permissible under the standing orders;
in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service,during the course of the calendar year, he or his heir or nominee, as the case may be,shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before the discharge, dismissal, quitting of employment, superannuating or death calculated at the rates specified in sub-section (1),even if he had not worked for the entire period specified i sub- section(1) or sub-section(2) making him eligible to avail of such leave, and such payment shall be made-
where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuating or death.]
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than a half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2),as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub- sections (8) and (9) 27[or in contravention of sub-section (10)] shall be entitled to carry 2 forward the 28[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputed Act, 1947 (XIV of 1947), or a similar Committee under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be,in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section(1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken,and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Kumbakonam