Promulgation of judgment. ~ The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative.
When can an ordinance be promulgated? President can promulgate an ordinance only when both the houses are not in session or only one house is in session. For an ordinance to be promulgated, such circumstances should be there which deem it necessary for President to legislate through the ordinance.
Similarly, Why must the judgment be promulgated? The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed and …
How Judgement is promulgated in the absence of the accused?
The promulgation of judgment shall proceed even in the absence of the accused despite notice. The promulgation in absentia shall be made by recording the judgment in the criminal docket and serving a copy thereof to the accused at their last known address or through counsel.
How judgment is promulgated in the absence of the accused?
And when the judge is absent or outside of the province, his presence is not necessary and the judgment may be promulgated or read to the defendant by the clerk of the court. It is noteworthy that this rule makes the general statement that a judgment is promulgated by reading it in the presence of the defendant.
Why ordinance is promulgated?
Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet, which will have the same effect as an Act of Parliament. They can only be issued when Parliament is not in session. They enable the Indian government to take immediate legislative action.
Can the Governor promulgate ordinance? The Governor can promulgate an ordinance only when he is satisfied with the fact that it is necessary for him to take an immediate action upon a specific issue. He can promulgate or withdraw any ordinance only on the advice of the Prime Minister and the Council of Ministers.
How many times can an ordinance be promulgated? An ordinance can be re-promulgated only thrice. The governor of a state can also issue ordinances under Article 213 of the Constitution of India, when the state legislative assembly is not in session. There have been various important discussions on the ordinance making power of the President and Governor.
What is a rendition of Judgement?
A rendition of judgment occurs when the court makes an oral pronouncement with a notation on the trial docket or, in the alternative, when some written notation of the judgment is filed in the records of the court.
What exactly is being determined in preliminary investigation? Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
What are the instances when Judgement becomes final?
A judgment in criminal case becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or the defendant has expressly waived in writing his right to appeal.
What does rendition of Judgement mean? A rendition of judgment occurs when the court makes an oral pronouncement with a notation on the trial docket or, in the alternative, when some written notation of the judgment is filed in the records of the court.
What happens if the accused is absent?
Once the accused does not appear, the process is issued against the non-appearing accused and if it is proved that the accused has absconded, and that there is no immediate prospect of his arrest, the court may draw a proceeding under Section 299 CrPC to record the evidence of the witnesses in absentia of the accused.
Who is empowered to promulgate an ordinance and when can it be promulgated?
The President of India can promulgate Ordinances at any time except when both Houses of Parliament are in session.
What happens during the question hour? Question Hour is the first hour of a sitting session of India’s Lok Sabha devoted to questions that Members of Parliament raise about any aspect of administrative activity. The concerned Minister is obliged to answer to the Parliament, either orally or in writing, depending on the type of question raised.
Who promulgates ordinance in state?
The correct answer is Governor. The Governor of a state has powers to pass an ordinance under Article 213. The Governor under the article has powers to promulgate an ordinance without permission of the President.
Can President Re promulgate ordinance?
Immediate action is required: The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’. Parliamentary approval during the session: Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate.
Can Governor promulgate ordinance when assembly is dissolved or suspended? The Governor can also dissolve the state Assembly if they see the need, and if the Assembly is not in session, they can promulgate ordinances. Based on the recommendation of the Election Commission, the Governor can also disqualify a legislator.
Can President promulgate ordinance when Lok Sabha is dissolved?
Ordinance enable the Indian government to take immediate legislative action,The president can promulgate ORDINANCE on the recommendation of Union Cabinet,when parliament is absent(not in session). The president can’t promulgate Ordinance When Loksabha has been dissolved.
Who is the real head of state? The Head of the State is the Governor. The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state. Commonly the word government refers to government departments and various ministers who head them.
Can Governor promulgate ordinance when assembly is dissolved?
The Governor can also dissolve the state Assembly if they see the need, and if the Assembly is not in session, they can promulgate ordinances. Based on the recommendation of the Election Commission, the Governor can also disqualify a legislator.
Can President promulgate ordinance on state list? Article 123 of the Constitution grants the President certain law-making powers to promulgate ordinances during the recess of Parliament. … The ordinance making power is the most important legislative power of the President and the Governor. It has been vested in them to deal with unforeseen or urgent situations.