The writ of habeas corpus doesn’t have to go through the formal process of civil and criminal procedure as defined by the common law. An informal motion by the council of the imprisoned person is enough to invoke the common law courts and it can be filed in the court of Chancery of any of the following three courts i.e. kings bench, court of common pleas and court of Exchequer. The motion usually started with “Petition for a Writ of Habeas Corpus,” had to show on its face that there was probable cause to believe the petitioner was unlawfully imprisoned, and it had to be accompanied by an affidavit, under oath, supporting the allegations in the petition. If the petition doesn’t have any formalities completed then it will be dismissed straight away without hearing by the court.
If any information disclosing a cognizable offence is laid before an officer – in – charge of a police station satisfying the requirements of section 154(1) the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information. Where an FIR relating to a cognizable offence is filed, the officer in-charge of the police station is bound to register the same, he cannot refuse to register the FIR because there has been some inquiry. The provision of section 154 of the code is mandatory and the concerned officer is duty bound to register the case on the basis of an information disclosing cognizable offence, the police officer is bound to register it as FIR, he cannot refuse to register merely because the police officials have conducted the preliminary enquiry earlier and no substance was found in the complaint. The non- registration of FIR by the police officer is dereliction of statutory duty enjoined upon him. Where an information regarding cognizable offence is received and record the same and to act as per provision of section 154(1) he has no discretion in the matter.
Finally, the law must be preferred to an arbitrary power, which forms its opinions on a subjective standpoint alone. Without one, the rule of law is incomplete. Furthermore according to Dicey, the key feature of the rule of law is that the government is also bound and governs with regard to the law. This view is enforced in the case of
4. Judicial Review can only be applied to the question of laws and it cannot be used in respect of any political issues. 5. Judicial Review is not automatic because the Supreme Court cannot use the power of Judicial review by its own. Judicial Review can only be used when any law or rule is specifically challenged before it or during the hearing of a case the validity of any law is
Further, the jurist “Rassat" observed that the principle of specialization was established in order to prevent corporations from committing crimes and being accountable under criminal law.Representatives or employees of a corporation might commit criminal acts under the corporation’s name and on its account. A corporation itself cannot commit those acts. Agents of the corporation may also be involved in activities punishable by law, such as the import of narcotic substances, or spoiled and counterfeit foods or financing terrorist operations. He also considered the criminal liability of the representatives or employees of the corporation for such criminal acts, even if such acts are committed for the corporation benefit. The legal responsibility here is a personal responsibility because the crimes are beyond the corporation’s
THE IMPORTANT OF JUDICIARY MAKES JUDGEMENTS One of the important of judiciary is it makes judgments on whether the actions taken by individuals or even by the government, is in accordance with law. Those who break the law can be arrested and brought to court to be judged as to whether the person is guilty or not. There are times when people can take action against the government including the governing body, the legislator, and the executive, but if they feel that these people have not abided by the law. So in such cases, it is for the judiciary to decide. The judiciary is a special body in our society which may not be criticized.
The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the
So this act is of no help to decide whether the information captured is admissible as the functioning should be normal while the information was captured. It is also important to note that this act is limited to criminal evidence. Well, in practice the parties in litigation do not strict to the hearsay rule and can us ways to trip up the unwary
The immunity from legal action under Section 14 CJA is given to either a judge or any person in the exercise of judicial duty or function and this would necessary include the judges and the deputy registrars of the court in the performance of their judicial function. Section 14 CJA is to protect the public interest in an independent and impartial justice system instead of the personal interest of a judge. All immunities are a departure from the ideal of equality before the law which enshrined in Article 8. Thus, the basis for judicial immunity should be rooted in the need to protect the public but not the judges. It must always be subjected to rational and critical appraisal.
Raj Narain held that Judicial evaluate in election disputes became not a compulsion as it is not a part of simple structure. In S.P. Sampath Kumar v. Union of India , P.N. Bhagwati, C.J., relying on Minerva turbines Ltd. declared that it turned into nicely settled that judicial evaluation become a basic and vital feature of the Constitution. If the electricity of judicial review turned into certainly taken away, the constitution could cease to be what it changed into.