Posts

Showing posts with the label criminal laws

What is the difference between criminal and civil law?

Image
Difference between Criminal and Civil Law Law as a field is very vast, it’s an amalgam of various field each with its own vast sections and sub sections to deal and understand.  C riminal Law and Civil Law are two very different and broad categories of the Law world. They differ on various grounds from court for trial of the case to the ultimate punishment that the guilty receives. That's why the trial , you need to approach lawyers with specialization in particular fields of either the civil laws or criminal laws. The detailed difference is as below:   The Civil Law deals with cases where disputes arise between two parties and is not able to be solved by mutual understanding. The civil law includes laws for solving property related disputes, Landlord - Tenant disputes, Divorce cases, Child custody, Personal/Reputation injuries, etc.   The Criminal Law deals with cases where a crime is committed by the accused causing injury to the victim or society in genera...

Prohibition to prisoners from voting in elections

Image
Delhi HC Upholds Validity Of The Provision Which Prohibits Prisoners From Voting In Elections - Delhi High Court has refused to declare section 62(5) of the Representation of the People Act, which prohibits prisoners from voting in elections, as unconstitutional. While upholding the validity of the said provision, the Division Bench of Chief Justice DN Patel and Justice Hari Shankar has held that the classification of the persons who are in jail and who are out of jail is a valid classification and it has a reasonable nexus with the objects sought to be achieved by the Act. The present plea of Public Interest Litigation was filed by one of the prisoners, challenging the constitutional validity of section 62(5) of the Representation of the People Act. The said provision reads as: 'No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.' Th...

Supreme court recent decision on Nirbhaya Case:

Image
The death penalty of the criminals adjourned The court today conceded the execution of convicts in the Nirbhaya assault case. The execution was planned to happen on March 3 at 6am. The decision comes after a seat of judges N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan said that no case is made out for rethinking the conviction and the discipline of the convict. Court has conceded the issue as the kindness request of one of the convicts, Pawan is pending before the President of India. The Union Home Ministry got the leniency appeal of Pawan Gupta, one of the four death row convicts, authorities said on Monday. The service will send the request to President Ram Nath Kovind for his thought and decision. The Supreme Court dismissed his remedial request before that day. Gupta had documented the request last Friday, looking for the changing of his capital punishment to life detainment. A five-judge seat headed by Justice N V Ramana, which thought ab...

Divorce in the U.S. under civil law instead of criminal law

Image
Criminal or civil- Criminal laws manage wrongdoings, or wrongs carried out against the government. Civil laws control debates between private parties. Criminal law includes the administration's prosecution of a accused, who is blamed for a wrongdoing. ... In the event that the accused is sentenced, or saw as blameworthy, the person in question will get a punishment. Common law includes an offended party's claim against a respondent. Common cases are normally between private parties, enveloping everything outside of criminal issues from family law to probate and little cases. As divorce (disintegration of marriage) cases fall under the umbrella of family law, separate from cases are viewed as a common case. In the US, common law manages laws that relate to the rights of private residents. Most polite cases include disputes including property harm, obligation collection, rupture of agreement, and money related harms for individual injuries. Marriage is a common issue...