Section 438 Advantages And Disadvantages
204 Words1 Pages
The power under section 438 is of extraordinary character and must be exercised sparingly in exceptional case only .
The power under section 438 is not unguided or uncanalised but all the limitation imposed in the preceding section 437 are implicit petitioner must make out a special case for the exercise of the power to grant anticipatory bail .
The discretion under section 438 is not to be exercised with regard to offence punishable with death or imprisonment for life unless the court at the very stage is satisfied that such a charge appears to be false or groundless .
The court should not ordinarily grant anticipatory
Related
430 Words | 2 Pages
The plaintiff filed to have the evidence suppressed, but the motion was denied. Prior Proceeding: A motion was filed to the Los Angeles Court of Appeals to have the evidence suppressed, but it was rejected. The Plaintiff felt his 4th Amendment right was violated.
294 Words | 2 Pages
Bill C-51 has been amongst the Bills that have been debated, questioned and stirred confusion for most Canadians. It was originally proposed by the Harper government only later to be adopted. In the recent Canadian elections of 2015, the liberal party expressed its concerns over the Bill and promised its people that if they come to power, the Bill will be looked upon. During their campaign the amendment of Bill C-51 was one of their major promises as they recognized the security and freedom of Canadian Rights as well as rights for the immigrants. The Bill has been controversial primarily because it is considered vague and abrupt as well as giving police forces power that may be too dangerous.
332 Words | 2 Pages
The security of Canada is an obscure term, at best, and at worst is deliberately inclusive of anything constituting political dissent. In protecting the security of Canada, Bill C-51 makes unlawful any action deemed as “interference with critical infrastructure”. Because of this addition, protesting controversial projects by blockading them would be punishable under the provisions of the act. (CBA) For example, many people protested the Kinder Morgan Pipeline by peacefully blockading sits of construction.
858 Words | 4 Pages
To put this another way, extra due process procedures are needed when government action unusually affects an individual in an unfair way. Take for instance, the case of Londoner v. Denver, 210 U.S. 373 (1908). In the early 1900s, the City of Denver decided to make improvements to a specific street. To pay for these improvements the city passed a special assessment (tax) which applied only to the property owners along that stretch of street. However, the tax was not distributed equally among the affected property owners.
491 Words | 2 Pages
He believed that immediate punishment is unnecessary, it may impede the trial and infringe the defendant's rights. Therefore, the main reason for the exception that denies due process is
2024 Words | 9 Pages
Bill C-51: A Critical Look Into the Proposed Bill as It Stands. Since the incidents of september 11 2001, most western countries instituted and updated its anti terrorism laws in order to increase national security and have tools that could counter any terrorist activities that could potentially harm a country's citizens at home or abroad. Canada being one of these countries had established Anti terrorism laws that had been sufficient enough to prevent any terrorist plots against canada in the years leading up to 2014. However after the recent events of the shooting at parliament hill, the conservative government has put forth another bill in order to draconian the anti terrorism laws.
445 Words | 2 Pages
Lautenberg Amendment The Lautenberg Amendment states that if a person is convicted/charged with a misdemeanor crime of domestic violence, the person is prohibited to ever own/buy firearms. As a result, the act has impacted people in different ways. In the first place, the act has a positive impact on police officers who respond to domestic violence calls because police officers can be protected from volatile situations where the abuser can harm the police officers and the victim with a firearm. This act also has a negative effect on police officers convicted of domestic violence because police officers cannot longer use/handle/carry firearms.
571 Words | 3 Pages
However, by excluding subversive advocacy and substantive due process in any case creates a problem in legal reasoning. Bork fails to realize that it is important for an individual to claim their right is violated in any circumstance under the Constitution, since he renders that procedural due process plays a more practical role over substantive due process. Subsequently, the Charter of Rights is intended to operate as a limitation upon the powers of the State. Bork’s judicial review is referring to the way Courts should be principled. In his view, if the judiciary is inconsistent with their theory of ruling of the majority, he claims the supremacy of Court will become “illegitimate” (1971).
1429 Words | 6 Pages
The controversy of open enrollment (HB-3681) in Oregon is leading to a countless number of unnecessary conflicts. According to Cascade Policy Institute, a nonprofit public policy research and educational organization that focuses on state and local issues in Oregon. States “the new law allows Oregon parents to enroll their kids in any Oregon public school district, as long as the receiving district is accepting transfers. No longer will the student’s resident school district be able to block a student’s transfer to another district ” (CPI 1). The newly formed law allowed many children such as myself to transfer schools without having to present any hardship.
216 Words | 1 Pages
The exclusionary rule has limited the law enforcement ability to invade people's privacy; it has resulted in the overturning of convictions and following the release of criminals and also undermined criminal investigation and potential
493 Words | 2 Pages
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.
146 Words | 1 Pages
The judicial review was neither immediately or
349 Words | 2 Pages
Unit 1, Case Law Analysis – Judicial Concepts Can you imagine doing business without being able to have any reasonable expectations of another ’s behavior? If you property interest where not protected would you be willing to conduct business? There would be no way of establishing a way to resolve a problem without a rule of law system. There would be chaos without it.
1267 Words | 6 Pages
(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
1665 Words | 7 Pages
The justices were of the view that it was necessary to prevent the commission of further offences and they were entitled to impose it by virtue of s.3(6) of the Bail Act
More about Section 438 Advantages And Disadvantages
Summary Of Charles Katz V. United States
430 Words | 2 PagesPros And Cons Of Bill C-51
294 Words | 2 PagesPros And Cons Of Bill C-51
332 Words | 2 PagesMathews Vs Eldridge Case Study
858 Words | 4 PagesThe Case Of US V. Chokwe Lumumba
491 Words | 2 PagesPros And Cons Of Bill C-51
2024 Words | 9 PagesSteinberg Amendment Pros And Cons
445 Words | 2 PagesBork Neutral Principles
571 Words | 3 PagesHb 3681 Pros And Cons
1429 Words | 6 PagesFourth Amendment Vs Exclusionary Rule
216 Words | 1 PagesArguments Against The Exclusionary Rule
493 Words | 2 PagesJudicial Branch Vs Executive Branch
146 Words | 1 PagesUnit 1 Case Law Analysis
349 Words | 2 PagesEssay On Australian Democracy
1267 Words | 6 PagesHuman Rights On Bail Essay
1665 Words | 7 Pages