Code Of Civil Procedure (India)
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Code Of Civil Procedure (India)
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India. History To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. Wi ...
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Imperial Legislative Council (India)
The Imperial Legislative Council (ILC) was the legislature of the British Raj from 1861 to 1947. It was established under the Charter Act of 1853 by providing for the addition of 6 additional members to the Governor General Council for legislative purposes. Thus, the act separated the legislative and executive functions of the council and it was this body within the GG council which came to known as the Indian/Central Legislative Council. In 1861 it was renamed as Imperial Legislative Council and the strength was increased. It succeeded the Council of the Governor-General of India, and was succeeded by the Constituent Assembly of India and after 1950, was succeeded by Parliament of India. During the rule of the East India Company, the council of the Governor-General of India had both executive and legislative responsibilities. The council had four members elected by the Court of Directors. The first three members were permitted to participate on all occasions, but the fou ...
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Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. After the partition of the British Indian Empire, the Indian Penal Code was inherited by India and Pakistan, where it continues independently as the Pakistan Penal Code. After the independece of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (mo ...
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Administrative Divisions Of India
The administrative divisions of India are subnational administrative units of India; they are composed of a nested hierarchy of administrative divisions. Indian states and territories frequently use different local titles for the same level of subdivision (e.g., the ''mandals'' of Andhra Pradesh and Telangana correspond to ''tehsils'' of Uttar Pradesh and other Hindi-speaking states but to ''talukas'' of Gujarat, Goa, Karnataka, Kerala, Maharashtra, and Tamil Nadu). The smaller subdivisions (villages and blocks) exist only in rural areas. In urban areas, urban local bodies exist instead of these rural subdivisions. Tiers of India The diagram below outlines the six tiers of government: Zones and regions Zones The states of India have been grouped into six zones having an Advisory Council "to develop the habit of cooperative working" among these States. Zonal Councils were set up vide Part-III of the States Reorganisation Act, 1956. The North Eastern ...
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Code Of Criminal Procedure, 1973
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding is to en ...
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Law Enforcement In India
Law of India, Indian law is enforced by a number of Law enforcement agency, agencies. Unlike many federation, federal nations, the constitution of India delegates the maintenance of law and order primarily to the States and union territories of India, states and territories. At the Government of India, federal level, some of India's Paramilitary forces of India, paramilitary forces are part of the Ministry of Home Affairs (India), Ministry of Home Affairs and support the states. Larger cities have police forces under their respective state police. All senior officers in the state police forces and federal agencies are members of the Indian Police Service (IPS). Central agencies The central agencies are controlled by the Government of India, central government. Most federal law-enforcement agencies are under the Ministry of Home Affairs (India), Ministry of Home Affairs. The head of each agency is an IPS officer. The constitution assigns responsibility for maintaining law and ...
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Government Of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say. Etymology and history The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet "Government of India". Basic structure The gover ...
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Indian Evidence Act
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. Importance The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation. The Act The Indian Evidence Act, identified as Act ...
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Judiciary Of India
The judiciary of India is a system of courts that interpret and apply the law in the India, Republic of India. India uses a Common law, ''common law system'', first introduced by the East India Company, British East India Company and with influence from other Colonial India, colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India. The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High courts of India, High Court. Judges of the High Courts and Supreme Court of India, Supreme Court are appointed by the President of India on the recommendation of a Three Judges Cases, collegium. The judicial system is structured in three levels with subsidiary parts. The Supreme Court of India, Supreme Court, also known as the Apex Court, is the top court and the ultimate appellate cour ...
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Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ...
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Courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to th ...
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High Court Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district and sessions judge. He is known as district judge when he presides over a civil case, and session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of ...
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