dies‚ or is for a continuous period of six months absent from India‚ or leaves India for the purpose of residing abroad‚ or is declared an insolvent‚ or desires to be discharged from the trust‚ or refuses or becomes‚ in the opinion of a principal Civil Court of original jurisdiction‚ unfit or personally incapable to act in the trust‚ or accepts an inconsistent trust‚ a new trustee may be appointed in his place by: (a) The person nominated for that purpose by the instrument or trust (if any)‚ or
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CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for
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THE CODE OF CIVIL PROCEDURE‚ 1908 (Act No. 5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:PRELIMINARY 1. Short title‚ commencement and extent- (1) This Act may be cited as the Code of Civil Procedure‚ 1908. (2) It shall come into force on the first day of January‚ 1909. [2][(3)
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Civil Procedure Spaulding‚ fall 2009 |5th Amendment | |No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in | |cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in time of War or public danger; nor shall any person be | |subject for the
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Art AMERICAN CIVIL PROCEDURE (AN INTRODUCTION) I) General Description of Court Systems The U.S. court system consists of fifty state court systems plus a similar system for the District of Columbia and a separate system of federal courts. The federal courts and most state court systems are organized into trial courts (the U.S. District Courts in the federal system)‚ intermediate appellate courts (a losing litigant in a federal district court generally may appeal a final decision to the United States
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Criminal Procedure Policy Paper Michelle Brown CJA/353 June 27‚ 2010 Lawrence Binkley Abstract The tug of war between the Due Process Model and the Crime Control Model is like trying to please everyone all of the time and no one some of the time. There are good arguments for both models but for every increase on one side there has to be one on the opposite side. The Crime Control Model‚ the police or prosecutor‚ doesn’t want the Due Process Model‚ the individual‚ to have more rights than
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LS160-Criminal Law and Procedure BIBLIOGRAPHY A Articles/Books/Reports Hayes‚ Robert & Eburn‚ Michael‚ Criminal Law and Procedure in NSW Chesterman‚ Michael‚ Criminal Trial Juries in Australia Crimes Act 1900‚ NSW Criminal Procedure Act Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation‚ July 2012 B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov
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CIVIL PROCEDURE PROCESS IN INDONESIA a. Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations‚ which were adopted from the Dutch Colonial system‚ which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.). Furthermore‚ based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained
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Basically the criminal law can be defined in many ways‚ but all breaks down to meaning really the same thing. The purpose of criminal law is to maintain society. The law is providing people with a guideline of what not to do. It also will tell you what the consequences are if you should break the law. The two main functions of criminal law are legal requirements of a society‚ and the second pertains to the need to maintain and promote social values. Some of the written sources of American criminal law are
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discharged him. High court set aside the order and ordered a retrial before another magistrate. | Mohamed Ezam: The test to be applied in deciding whether a judge should excuse himself from hearing a case is ‘real danger of bias’ test. | Preliminary applications: Application to transfer cases to another court – Raymond Chia Accused appear before the court s173 (a) CPC ‘Appearance’ means the accused is either out on bail or being summoned and appears before the court on his own wish. ‘Brought
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