JEMTEC

  LEGAL RATIONALE  BEHIND BAIL Bail means release of an accused from prison awaiting trial or on appeal, by the deposit of security to confirm his appearance at the desired time before legal authority. The monetary value of the security, also known as the bail, or, the bail bond, is fixed by the court having jurisdiction over the prisoner. The security may be cash, the title papers of the property, or the bond of private persons of means. If the accused released on bail fails to surrender, himself on the date of hearing fixed by court it would result in forfeiture of the security. Court has discretion to deny bail if the accused is arrested on serious charges which should be considered on a case-by-case basis. Unless the person furnishes the required bail, the accused arrested on a criminal charge may be held for trial. If accused wants to be released on bail, the accused must provide money or other security that the court holds until all proceedings and trials related with th...

  The constitution of the two committees involves the selection of members amongst the members of parliament in proportion to their representation in parliament. The two committees have been given the power to adjudicate over many substantial matters of public importance which includes the disposal of matter of 2G scam by PAC and Ketan Parekh’s scam, Bofors scam, VVIP chopper gate scam, soft drinks pesticides matter by jpc. Unsurprisingly, barring soft drinks pesticides matter and VVIP chopper gate scam there had been no effective adjudication over all the scams. The reason for the ineffective disposal lies in the very fact that how one can pass a decision against himself. Interestingly, if a judge is found to have an interest in the subject matter then he is barred to adjudicate over the matter because of the principle of natural justice which says that no one can be a judge in a his own case. It is because the bias in such cases can be presumed. But unfortunately, this principle ...

  The privilege against inculpation is predicated on a basic principle of common legal code jurisprudence. The characteristics options of this provision is – 1. That the defendant is considered to be innocent until the guilt is evidenced, 2. That it's for the prosecution to ascertain his guilt, and 3. That the defendant can not be compelled to form any statement against his can.   The privilege applies to ‘testimonial compulsion’. It little question covers oral testimony by associate accused. The question before the court is whether or not Art 20(3) covers one thing a lot of besides oral proof. The Right against inculpation enshrined within the Constitution, though clear in its choice of words, because of equally compelling factors like the State’s interest in Preservation of law and order, has got to generate a group of concrete possible principles that a court will use to come to a decision and defend the outcomes of specific cases. The maxim Nemo Tenetur Seipsum a...

The word Benami means anonymous and the term Benami Transaction is used to describe a transaction where one person pays for property but the property is transferred to or held by somebody else. The person who pays for the property is the real beneficiary but is not recorded as the legal owner of the property. This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors. The old Benami Transactions (Prohibition) Act, 1988 was enacted in the year 1988 to prohibit all benami transactions. The Hon'ble Supreme Court in  Bhim Singh v. Kan Singh  AIR 1980 SC 727, explained Benami Transaction as "Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami. In that case the transferee holds the property for the benefit of the person who has contributed the purchase money, and he i...

Under criminal laws like Criminal Procedure Code and Prevention of Corruption Act, sanctions for prosecution provide protection to government officials from being prosecuted unless permission from concerned government authorities are obtained to run a trial. Various arguments are advanced to support this law like frivolous and vexatious cases may be prevented, public officials are not harassed and efficacy of administrative machinery is not tampered with. Generally, huge time is wasted in granting the sanctions against public officials due to which evidences against those officials can easily be tampered with or are lost. Most of the time it has also been seen that government generally hesitates in granting sanctions to prosecute just because to save the face of government. Government is unwilling to grant sanction for another reason also as sometimes scams are committed in connivance with several government officials and ministers also and if sanction to prosecute is granted, n...