There is a saying that Ignorance of the law is not an excuse. For example, you can’t just forget to file your income tax return and then claim that you were unaware that it applies to you. It is applicable in criminal law too. A bigger principle possibly could be: knowledge of the law can be a very beneficial thing! Going back to income tax example, only those who know the latest intricacies of income tax law will be able to utilize it’s full potential to minimize tax outgo by using exemptions on investments, rebates etc etc. And corporates have to know the law fully well to be able to operate. A basic principle of criminal law is that any anyone accused of crime is innocent until he is proven guilty. Indian public seems to be aware of it when it comes to voting for … [Read more...] about Innocent until proven guilty is the law, use it
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Procedure of CAW (Crime against women) cell, counselling/mediation etc
What is the official definition of mediation/counselling in CAW cells? The official version of what mediation or counselling at CAW cell can be gleaned from this excerpt from page 2 of Standing Order 281 of Delhi Police which brought CAW cells into existence: Mediation (Counselling) The objective of this mediation cell is to give a platform to warring parties to settle their differences through the intervention of trained mediators. A mediation Cell of the Delhi High Court Legal Services Authority is also running in the CWC premises. The objective of this mediation cell is to give a platform to warring parties to settle their differences through the intervention of trained mediators with an objective of reducing the litigation and offering solutions outside the court. This unit is … [Read more...] about Procedure of CAW (Crime against women) cell, counselling/mediation etc
Mediation – what it means and what it entails
Mediation is a customary procedure ordered by family courts for civil suits relating to family law like divorce, child custody etc. The idea of mediation is to allow parties to dispute to sort out their issues between themselves without going through court procedures. All parties to mediation -- mediator, petitioners, respondents, and their lawyers are expected to work towards that goal.Following is a brief explanation of procedure of mediation.1. Mediation date and time is given by court to both parties - husband and wife parties. On the date of mediation both are expected to appear in Mediation centre of the court premises.2. Mediation is conducted/moderated by an expert who is a lawyer by training and does it pro-bono, i.e, without financial remuneration.3. Mediation process once … [Read more...] about Mediation – what it means and what it entails