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Showing posts with the label INTERIM BAIL

Restitution of conjugal rights

Restitution of conjugal rights When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.[1] A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. The decree of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes petition for restitution. The d...

RIGHTS OF ACCUSED PERSON

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Legal rights of the accused person:- Legal right:- Legal right refers to rights according to law.   The right of accused persons at different stages include:- The rights of an arrested person before his/her trial begins. Rights of accused in India during a court trial. The rights of an arrested person in India after his/her trial is completed. The rights of an arrested person before his/her trial begins:- Right to know about the allegations and charges: Under the  Code of Criminal Procedure  (CrPC), 1973, the rights of an arrested person under Criminal Procedure Code include to know the details of the offence and the charges filed against him/her. Right against wrongful arrest: The rights of accused in India are provided only in cases where a warrant is issued. Under Section 57 of  Code of Criminal Procedure  and Article 22(2) of the Constitution Of India within 24 hours of arrest. The Right against the ex-post facto law: Und...

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