Law with Tarun

  Seciton 148 is o ne of the hidden gems of CPC that often go unnoticed is- Section 148 of the Code of Civil Procedure, 1908 (hereinafter “The Code”). This section provides for the ample discretionary power of the court to enlarge time not exceeding 30 days in total, either one-time straight or in a phased manner, for “doing of any act” under the Code (NOT under any other law, for instance, the Limitation Act, 1963). This extension is granted even when the original period, whether fixed or prescribed, for doing an act under the Code, has expired. It was only after the 1999 Amendment to the Code that the period for enlargement of time was fixed to a maximum limit of 30 days in total so as to curtail procedural delay caused by any party to the suit or proceeding For example, when a court imposes costs under the Code on a party and the period to pay the same is “fixed” by the court, then even after the expiry of the said “fixed” original period to pay the costs, the party may make...

  The word “living”, which means something that evolves over time to adapt to new surroundings, much like other living organisms do.  Similarly, the Constitution is also an evolving document. Our Indian constitution evolves from time to time in order to improve it and benefit society. Now another question arises: how did the constitution evolve? The evolution of the constitution takes place by amendment, and this power of amendment is under Article 368 of the Indian Constitution, which helps us to add new laws or change existing ones.    The Constitution also evolves in the way we interpret the meaning of the text present in our Constitution. Even without amending it, the Constitution can be evolved as the Constitution has a dynamic meaning that evolves and adapts to new circumstances.    [In the Kapila Hingorani vs. State of Bihar case , the Supreme Court observed that the interpretation of the constitution or the statutes would change from time...

    Understanding Zero FIR: A Crucial Mechanism for Victims of Crime In the Indian legal system, First Information Reports (FIRs) play a pivotal role in criminal investigations. However, many people are unaware of an important variation known as the Zero FIR , which provides greater flexibility for victims in filing complaints, particularly in situations where they might face obstacles. This article will break down what Zero FIR is, why it was introduced, and how it helps in ensuring justice, especially for women and marginalized communities. What is Zero FIR? A Zero FIR is a type of FIR that can be filed at any police station, regardless of the location of the crime. The "zero" in Zero FIR means that the report does not carry a serial number when it is initially registered. Instead, the police station receiving the Zero FIR forwards it to the appropriate jurisdictional police station for further investigation and filing, where it is then numbered. This provision...