SLC22-W4 / Derecho Procesal

Hi friends,

I am Jyoti from India. Here I am going to participate in the SLC S22 W4 contest: https://steemit.com/law-s22w4/@anasuleidy/slc22-w4-derecho-procesal organised by @anasuleidy

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Part I

A. Choose a law from your country and explain why you consider it a Procedural Law or part of Procedural Law.

There are three main procedural laws in our country India. They are the Civil Procedure Code, the Criminal Procedure Code and the Evidence Code. All three laws have completed the first 100 years of rule in this country. They are products of English jurisprudence, which was brought to the Indian citizens by the then British rulers, introduced, implemented and accepted to be implemented even after independence.

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On of the law is "Section 46 of the Criminal Procedure Code", which enacted to protect women from those who abuse their power.
Generally, the accused woman, even if she had not committed the crime, is likely to be assaulted in the police station due to abuse of power and there is also a possibility of her chastity being tarnished, so this law was created to protect such women.

B. Indicate which of the principles of procedural law are present in that law and why.

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• If a woman is identified as a criminal, only a female officer should touch her to arrest her.
• An accused woman cannot be arrested before sunrise or after sunset (before 6 am, after 6 pm).
• An accused woman is allowed to refuse to come to the police station after 6 pm.
• Also, in serious crimes like murder, a male police officer can arrest a person without the presence of female police officers, with the permission of a judge.
• And if such exceptional circumstances exist, the woman police officer shall, after giving a written report, obtain the prior permission of the Judicial Magistrate of the First Class. The jurisdiction of the offence committed or the arrest made.

Part II
Practical case.

According to what you saw in class, say which of the facts of the case identifies you with "Process", which identifies you with "Procedure" and explain the reason for your answer.

Mr. Ramírez rented the commercial premises to Mr. Pérez to run his business. However, Mr. Pérez abused the agreement by using it as a residence. Mr. Ramírez may take leagal action against him. Property ownership is one of the most important areas of real estate law. Ownership of property, buildings, and other structures on land carries legal rights and obligations. Real estate law defines several types of rights, including fee simple, easements, mineral rights, and air rights, and governs the transfer of these rights.

The Landlords and Tenants (Regulation of Rights and Liabilities) Act, 2017 has been enacted on the basis of the Model Tenancy Act as notified by the Government of India. This Act repeals the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

(SOURCE)[https://www.pexels.com/photo/person-holding-a-silver-keychain-with-a-key-7578977/]

According to the above law, Mr. Pérez has breached the law. Therefore, the court should recover Mr. Ramírez's property from him. At the same time, he should be ordered to pay compensation to him and the costs of the court and the case.

Part III
Practical Case.

According to what you explained in class, identify the procedural subjects and place them in each of the characters present in the case. Explain the reason for your answer.

According to the Indian Vehicle Act, if a person has a driving license, he can drive anyone's vehicle with his permission. In case of such a collision, the owner of the vehicle will be responsible for it. He must also have third party insurance in the vehicle. Through this, the insurance will automatically be settled to the effected vehicle's owner of the accident. Also, if the driver of the vehicle violates any laws while causing the accident, he will be punished. A fine will also be imposed and this fine will be applied to his license.

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There fore the victim Pedro's, no need to worry, whoever the owner of the vehicle is, the insurance will be paid to him. If the owner does not have insurance, he will be fined and the fine amount will be paid to the victim.

I would like to invite my friends

@kyrie1234,

@saikat01 ,

@chefdanie

To take part this contest