Discharge occurs before the start of actual trial whereas acquittal occurs in the form of judgement which is definitely the result of a trial. Section 241A refers to discharge in a trial before a magistrate; section 265C refers to discharge in a trial before a Court of Sessions. On the other hand, section 245 refers to acquittal in a trial before a Magistrate and section 265H refers to acquittal before the court of Sessions.
HM LEGAL ADVICE
Monday, September 9, 2019
Monday, August 26, 2019
GD Entry
This is completely different from FIR. Every occurrence which may be brought to the knowledge of the officers of police shall be entered in a book which is called General Diary. FIR is made in B.P. Form No. 27 in accordance with the instruction printed on it. On the other hand, General Diary is to be kept in B.P. Form No. 65 as referred to in section 44 of the police Act, 1861 and detailed in Regulation No. 377 of the police Regulations Bengal, 1943.
Monday, November 12, 2012
Mutation
When a land is sold it is required to change the holdings. The whole process is called mutation. It has been stated in The State Tenancy and Acquisition Act 1951 and Land Survey Manual 1990. Through this process old landlord name will be replaced by new landlord name. The whole process is being described in section 143 of The State Tenancy and Acquisition Act 1951 and article 309 to 322 of the Land Survey Manual 1990. Assistant Commissioner of Land is the officer in charge for the whole process.
Reason for Namjari:
1. Land transferred by registered deed.
2. Death of a land lord.
3. Land Acquired by Government.
4. Gift, Will and Probate.
Reason for Namjari:
1. Land transferred by registered deed.
2. Death of a land lord.
3. Land Acquired by Government.
4. Gift, Will and Probate.
Saturday, October 13, 2012
C.R Case & G.R Case
C.R case stands for Compliant Registered Case and G.R case stands for General Registered Case. When FIR instituted in the police station a number is put against every FIR to be called as FIR No. 6, 7 etc. or Police Station Case No. 6, 7 which later on pass to the court and in the court, police officer commonly known as CSI gave another number in the general register. This is known as G.R case. Moreover, NGR case stands for Non Registered Case, where the case is instituted through the prosecution report of a police officer.
Whereas in C.R case complain was directly given in the Magistrate court. Once the complaint is received by the Magistrate court a Complaint Registered Case number will be given against such a complaint. The Magistrate having received such information will examine the complainant upon oath under the section 200 of CrPC. Upon such examination, the Magistrate may take cognizance of the case; or he may dismiss it or he may order for inquiry or investigation on the matter.Please note that if the compliant is made on affidavit then there is no requirement of examination of the compliant on oath under the section 200 of CrPC by the Magistrate.
Whereas in C.R case complain was directly given in the Magistrate court. Once the complaint is received by the Magistrate court a Complaint Registered Case number will be given against such a complaint. The Magistrate having received such information will examine the complainant upon oath under the section 200 of CrPC. Upon such examination, the Magistrate may take cognizance of the case; or he may dismiss it or he may order for inquiry or investigation on the matter.Please note that if the compliant is made on affidavit then there is no requirement of examination of the compliant on oath under the section 200 of CrPC by the Magistrate.
Monday, September 24, 2012
FIR
The term 'First Information Report is not mentioned in the CrPC but these words are understood to mean information recorded under section 154 of the code. It means the information which reaches the officer-in-charge of a police station first on point of time about the commission of a cognizable offense. First information report may be regarding a non-cognizable offense which is dealt with in section 155 of the CrPC. The word 'information means something in the nature of a complaint or accusation, or at least information of a crime, given with the object of putting the police in motion in order to investigate, as distinguished from information obtained by the police when acting for investigating a crime.
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