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One of the punishments for murder specified in the IPC is death. This is codified in section 304 of the IPC. It also specifies an alternative punishment as life imprisonment. This section was applied to all convicted of murder under section 300 of the IPC. In 1983 the Supreme Court in a Judgement held death penalty to applied only in ‘rarest of rare cases’
Published by Madan G Singh 62 months ago in Statutory Law | +0 votes | 0 comments
The Indian arm act is restrictive. However people who desperately need guns will go to any lengths to own one. Thus India has the largest number of unlicensed guns in the world. At a conservative estimate the figure could be anywhere between 40-50 million. This is a stupendous figure and the government has not been able to do anything about it.
Published by Madan G Singh 62 months ago in Statutory Law | +0 votes | 0 comments
Ownership of arms is allowed in both the countries but the laws that govern ownership are different. The first difference is that in India all laws relating to weapons and arms are enacted by the Indian parliament and applicable to all states of the union. No state can enact a separate arms law while in the USA states are free to enact their own laws regarding handguns
Published by Madan G Singh 62 months ago in Statutory Law | +1 votes | 0 comments
With the proliferation of arms and the increase in terrorist activity, the law ministry recommended that section 13 of the act be amended. The purpose was to make the police accountable for their duty. Section 30 of the act specifies that the police are to submit a report on the applicant as per section 13. By an act of parliament passed in 2010, section 30 of the arms act was amended with the addition of section 30A
Published by Madan G Singh 62 months ago in Statutory Law | +3 votes | 0 comments
The word jurisdiction is derived from the Latin language, where Juris means “law”. In real terms it means the practical authority to a court to try an offender under the laws of the land. Section 71 of the Air Force Act 1950 and corresponding section of the Army act lays down the principle of concurrent jurisdiction. In case of dispute the matter is to be referred to the Central Government
Published by Madan G Singh 62 months ago in Statutory Law | +0 votes | 0 comments
The facts behind determining suicide are also oblique since the dead body can't answer. Determining suicide by coroners depends on the legal absolute of discovering cause and deciding the legal stature of the effect. There are legal reasons in deciding whether the death of a fellow human was suicide. Most of those reasons have more to do with the living rather than the body found dead due to reasons or by means that can't be blamed on another person.
Published by Nora K Anthony 65 months ago in Statutory Law | +2 votes | 0 comments
The arms act of 1877 was the first gun control law in India. On the face it looked reasonable, but in practice getting an arms license was a tedious process for an Indian. This law made it mandatory for any Indian wishing to own a gun to obtain a license for it. An unlicensed gun was punishable with a fine and imprisonment up to 3 years. Thus in one blow the British restricted the ownership of guns during the days of the Raj.
Published by Madan G Singh 67 months ago in Statutory Law | +5 votes | 1 comments
The Indian Arms act of 1959 is a far reaching act and limits ownership of guns and weapons for all citizens of India. Failure to obtain an arms licence and keeping an unlicensed weapon is a cognizable offence and the police have the power to arrest any citizen having an unlicensed gun. Owning an AK-47 or similar weapon can attract a jail term of 10 years rigorous imprisonment. the Indian arms act of 1959 has been amended a number of times and made more stringent.
Published by Madan G Singh 66 months ago in Statutory Law | +3 votes | 0 comments
The doctrine of necessity states that an extra constitutional authority can take over a government for the good of the people. This doctrine is used only for political power. Pakistan is a foremost example of this doctrine which was first applied in 1954. Subsequently it has been used to justify military rule on a number of occasions.
Published by Madan G Singh 68 months ago in Statutory Law | +4 votes | 0 comments
The Air Fore act 1950 and corresponding Army and Navy acts clearly spell out the provisions of arrest and custody of personnel subject to the act. The power to arrest does not include the power to release from arrest. An arrested person is to be brought to hear the charge within 48 hours. In case the charge is not heard a delay report to the superior formation is to be furnished.
Published by Madan G Singh 232 months ago in Statutory Law | +0 votes | 0 comments
A summary Court martial is one of the Courts martial in the US army. It constitutes of a single officer not below the rank of captain. It is not a formal and established court martial but is more like a summary disposal of charges. It ranks lower in importance than other types of courts martial
Published by Madan G Singh 69 months ago in Statutory Law | +6 votes | 1 comments
The United States Trustee appoints the banking court Trustee and also oversees his work. The United States Trustee is an official of the US government and appointed on the authority of the US Supreme court. A Trustee in a bankruptcy case has an important role in both chapter 7 and 13 of the banking code. No Bankruptcy proceedings can be completed without a trustee.
Published by Madan G Singh 69 months ago in Statutory Law | +7 votes | 0 comments
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