SlideShare uma empresa Scribd logo
1 de 11
NAME – MEGHA SAXENA
NAME OF SCHOOL – SCHOOL OF LAW
CLASS – Ba. Llb (Hons.)
REGISTRATION NO. – 11915348
COURSE TITLE – ENGLISH
COURSE CODE – ENG148
SUBMITTED TO – Dr. DIGVIJAY PANDYA
LEGAL TERMINOLOGY
1) FIR (FIRST INFORMATION REPORT)
2) PLAINT
WHAT IS AN FIR ?
• First Information Report (FIR) is a written document prepared
by the police when they receive information about the
commission of a cognizable offence.
• It is a report of information that reaches the police first in
point of time and that is why it is called the First Information
Report.
• It is generally a compliant lodged with the police by the victim
of a cognizable offence or by someone on his/her behalf.
• Anyone can report the commission of a cognizable offence
either orally or in writing to the police. Even a telephonic
message or a call can be treated as an FIR.
WHO CAN LODGE AN FIR ?
• Anyone who knows about the commission of a
cognizable offence can file an FIR. it is not necessary
that only the victim of the crime should file an FIR.
• A police officer who comes to know about a
cognizable offence can file an FIR himself/herself.
• You can file an FIR if :-
a) You are the person against whom the offence has been
committed.
b) You know yourself about an offence which has been
committed.
c) You have seen the offence being committed.
WHAT SHOULD YOU
MENTION IN THE FIR ?
• Your name and address.
• Date, time and location of the incident you are reporting.
• The true facts of an incident as they occurred.
• Names and descriptions of the persons involved in the
incident.
• REFUSAL TO REGISTER AN FIR IS AGAINST THE LAW.
WHAT IS ZERO FIR ?
• Zero FIR is that FIR which can be filed in any police station
irrespective of place of incident/jurisdiction and the same can
be later transferred to the appropriate police station.
• CASE – SATVINDER KAUR V. STATE GOVERNMENT
OF NCT - The Complainant had appealed in the supreme
court against the order of the high court, where high court
had quashed the FIR filed at Delhi Police Station by the
complainant. The supreme court held that, police can
investigate the case, which does not fall under their
jurisdiction.
WHAT IS PLAINT ?
• In CPC, plaint is a legal document which contains the written
statement of the plaintiff’s claim. A plaint is the first step
towards the initiation of a suit.
• A suit is instituted by presentation of plaint before the court.
A ‘plaint’ is written application made by plaintiff against
defendant seeking relief from the court.
• A plaint is pleading and should conform to the rules of
pleading.
• Along with plaint, plaintiff shall file documents on which he
relies for the relief.
WHAT PLAINT SHOULD CONTAIN ?
• The name of the court in which the suit is brought.
• The name, description and place of residence of the plaintiff.
• The name, description and place of residence of the defendant,
so far as they can be ascertained.
• Where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect.
• The facts constituting the cause of action and when it arose.
• Plaint should contain those facts, which have constituted cause
of action.
• Plaint should contain plaintiff’s verification on oath.
• Plaint should contain statement of value of suject-matter of suit
not only for purpose of jurisdiction, but also for purpose of
court-fees.
REJECTION OF PLAINT
• Where it does not disclose a cause of action.
• Where the relief claimed is undervalued, and the plaintiff, on
being required by the court to correct the valuation within a
time to be fixed by the court, fails to do so.
• Where the relief claimed is properly valued, but the plaint is
written upon paper insufficiently stamped, and the plaintiff,
on being required by the court to supply the requisite stamp-
paper within a time to be fixed by the court, fails to do so.
• Where the suit appears from the statement in the plaint to be
barred by any law.
• Where it is not filed in duplicate.
• Where the plaintiff fails to comply with provisions of Rule 9
(fails to provide copies of plaint).
LANDMARK CASES ON
REJECTION OF PLAINT
• KALEPUR PALA SUBRAMANYAM V. TIGUTI VENKATA AIR 1971 AP
313 :- a plaint cannot be rejected in part and retained part under
this rule. It must be rejected as a whole.
• SOPAN SUKHDEO SABLE V. ASSTT. CHARITY COMMR. AIR 2004 SC
569 (572):- where the suit filed earlier was at the stage of
recording of evidence and an application under Order 7 Rule 11 of
the code was filed to delay the proceedings of the suit, the
application under Order 7 of the court was rejected.
• BIBHAS MOHAN MUKHERJEE V. HARI CHARAN BANERJEE AIR
1961 CAL 491 (FB):- an order rejecting a plaint is a decree and
hence is appealable.
REFERENCES
• httwww.legalservicesindia.com/article/1126/FIR.html
• https://www.slideshare.net/arnabbd/plaint-written-
statement-ws
• https://www.legalbites.in/essentials-of-a-plaint/
• p://www.legalserviceindia.com/Criminallaws/fir.htm
• http://https://blog.ipleaders.in/rejection-of-plaint/
• https://www.slideshare.net/maneeshkatara/online-fir-
system?next_slideshow=1
• https://www.slideshare.net/vakilsearch_tutorial/fir-first-
information-report
• https://blog.ipleaders.in/registering-fir-outside-jurisdiction/

Mais conteúdo relacionado

Mais procurados

Mortgage under transfer of property law sec 58
Mortgage under transfer of property law sec 58Mortgage under transfer of property law sec 58
Mortgage under transfer of property law sec 58Abhishek Sharma
 
Pleadings and its essentials
Pleadings and its essentialsPleadings and its essentials
Pleadings and its essentialsWajid Ali Kharal
 
Cpc smart notes
Cpc   smart notesCpc   smart notes
Cpc smart notesgurlguru
 
Duty of advocates towards court
Duty of advocates towards courtDuty of advocates towards court
Duty of advocates towards courtSMadhuriparadesi
 
Code of civil procedure 1908 pleading plaint written statement
Code of civil procedure 1908 pleading plaint written statementCode of civil procedure 1908 pleading plaint written statement
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
 
Criminal trial
Criminal trialCriminal trial
Criminal trialzulfi799
 
Suits by and against Government.pptx
Suits by and against Government.pptxSuits by and against Government.pptx
Suits by and against Government.pptxssuser369aa3
 
Code of civil procedure 1908 stages in suit
Code of civil procedure 1908 stages in suitCode of civil procedure 1908 stages in suit
Code of civil procedure 1908 stages in suitDr. Vikas Khakare
 
Trial before a court of session
Trial before a court of session Trial before a court of session
Trial before a court of session Nitish Nawsagaray
 
Parties to suit joinder non joinder
Parties to suit joinder non joinder Parties to suit joinder non joinder
Parties to suit joinder non joinder GautamSingh226
 
Appeal as mentioned in Criminal Procedure Code
Appeal   as mentioned in Criminal Procedure Code Appeal   as mentioned in Criminal Procedure Code
Appeal as mentioned in Criminal Procedure Code adwitiya prakash tiwari
 
Code of civil procedure 1908 reference, review, revision
Code of civil procedure 1908 reference, review, revisionCode of civil procedure 1908 reference, review, revision
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
 
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACTLLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACTKanoon Ke Rakhwale India
 
Admission, Enrolment & Rights of Advocate
Admission, Enrolment & Rights of AdvocateAdmission, Enrolment & Rights of Advocate
Admission, Enrolment & Rights of AdvocateBhargav Dangar
 
Meaning and Essentials of Doctrine of Election
Meaning and Essentials of Doctrine of ElectionMeaning and Essentials of Doctrine of Election
Meaning and Essentials of Doctrine of ElectionPratishtha Majumdar
 
Affidavit - Civil Procedure Code,1908
Affidavit - Civil Procedure Code,1908Affidavit - Civil Procedure Code,1908
Affidavit - Civil Procedure Code,1908VandanaDhoundiyal
 

Mais procurados (20)

Mortgage under transfer of property law sec 58
Mortgage under transfer of property law sec 58Mortgage under transfer of property law sec 58
Mortgage under transfer of property law sec 58
 
Pleadings and its essentials
Pleadings and its essentialsPleadings and its essentials
Pleadings and its essentials
 
Cpc smart notes
Cpc   smart notesCpc   smart notes
Cpc smart notes
 
Duty of advocates towards court
Duty of advocates towards courtDuty of advocates towards court
Duty of advocates towards court
 
Code of civil procedure 1908 pleading plaint written statement
Code of civil procedure 1908 pleading plaint written statementCode of civil procedure 1908 pleading plaint written statement
Code of civil procedure 1908 pleading plaint written statement
 
Judgment and decree
Judgment and decreeJudgment and decree
Judgment and decree
 
Bail
Bail Bail
Bail
 
Criminal trial
Criminal trialCriminal trial
Criminal trial
 
Suits by and against Government.pptx
Suits by and against Government.pptxSuits by and against Government.pptx
Suits by and against Government.pptx
 
Code of civil procedure 1908 stages in suit
Code of civil procedure 1908 stages in suitCode of civil procedure 1908 stages in suit
Code of civil procedure 1908 stages in suit
 
Trial before a court of session
Trial before a court of session Trial before a court of session
Trial before a court of session
 
Parties to suit joinder non joinder
Parties to suit joinder non joinder Parties to suit joinder non joinder
Parties to suit joinder non joinder
 
Appeal as mentioned in Criminal Procedure Code
Appeal   as mentioned in Criminal Procedure Code Appeal   as mentioned in Criminal Procedure Code
Appeal as mentioned in Criminal Procedure Code
 
Code of civil procedure 1908 reference, review, revision
Code of civil procedure 1908 reference, review, revisionCode of civil procedure 1908 reference, review, revision
Code of civil procedure 1908 reference, review, revision
 
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACTLLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
 
Admission, Enrolment & Rights of Advocate
Admission, Enrolment & Rights of AdvocateAdmission, Enrolment & Rights of Advocate
Admission, Enrolment & Rights of Advocate
 
Meaning and Essentials of Doctrine of Election
Meaning and Essentials of Doctrine of ElectionMeaning and Essentials of Doctrine of Election
Meaning and Essentials of Doctrine of Election
 
Order XL Appointment of Receivers
Order XL Appointment of ReceiversOrder XL Appointment of Receivers
Order XL Appointment of Receivers
 
Administrative Tribunals
Administrative TribunalsAdministrative Tribunals
Administrative Tribunals
 
Affidavit - Civil Procedure Code,1908
Affidavit - Civil Procedure Code,1908Affidavit - Civil Procedure Code,1908
Affidavit - Civil Procedure Code,1908
 

Semelhante a presentation on FIR and PLAINT

Code of Civil Procedure and Its Role.ppt
Code of Civil Procedure and Its Role.pptCode of Civil Procedure and Its Role.ppt
Code of Civil Procedure and Its Role.pptJamesCorden6
 
Fir & it’s evidentiary value
Fir & it’s evidentiary valueFir & it’s evidentiary value
Fir & it’s evidentiary valueShubham Madaan
 
Procedure before civil court in India and the roles of each officials.pptx
Procedure before civil court in India and the roles of each officials.pptxProcedure before civil court in India and the roles of each officials.pptx
Procedure before civil court in India and the roles of each officials.pptxKumkumMishra15
 
DNSSsir sentencuing in law corporate governance .pptx
DNSSsir sentencuing in law corporate governance .pptxDNSSsir sentencuing in law corporate governance .pptx
DNSSsir sentencuing in law corporate governance .pptxAdityaRanjan789094
 
Code of Civil Procedure1908 Pleading Plaint & Written statement
Code of Civil Procedure1908 Pleading Plaint & Written statementCode of Civil Procedure1908 Pleading Plaint & Written statement
Code of Civil Procedure1908 Pleading Plaint & Written statementKeshva Nand
 
First Information Report (F.I.R)
First Information Report (F.I.R)  First Information Report (F.I.R)
First Information Report (F.I.R) Law Laboratory
 
Law of tort (Malicious Prosecution)
Law of tort      (Malicious Prosecution)Law of tort      (Malicious Prosecution)
Law of tort (Malicious Prosecution)anandrickyduke
 
The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908PRATHYUSHAP15
 
Presentation Drugs Inspector trianing - Copy 10.07.234.pptx
Presentation Drugs Inspector trianing - Copy 10.07.234.pptxPresentation Drugs Inspector trianing - Copy 10.07.234.pptx
Presentation Drugs Inspector trianing - Copy 10.07.234.pptxRaviSuthar37
 
Permanent injunction of a trademark
Permanent injunction of a trademarkPermanent injunction of a trademark
Permanent injunction of a trademarkSolubilis
 
Summon in India
Summon in IndiaSummon in India
Summon in Indiaaruagrawal
 

Semelhante a presentation on FIR and PLAINT (20)

Code of Civil Procedure and Its Role.ppt
Code of Civil Procedure and Its Role.pptCode of Civil Procedure and Its Role.ppt
Code of Civil Procedure and Its Role.ppt
 
Fir & it’s evidentiary value
Fir & it’s evidentiary valueFir & it’s evidentiary value
Fir & it’s evidentiary value
 
Arraignment and plea
Arraignment and pleaArraignment and plea
Arraignment and plea
 
Procedure before civil court in India and the roles of each officials.pptx
Procedure before civil court in India and the roles of each officials.pptxProcedure before civil court in India and the roles of each officials.pptx
Procedure before civil court in India and the roles of each officials.pptx
 
DNSSsir sentencuing in law corporate governance .pptx
DNSSsir sentencuing in law corporate governance .pptxDNSSsir sentencuing in law corporate governance .pptx
DNSSsir sentencuing in law corporate governance .pptx
 
Code of Civil Procedure1908 Pleading Plaint & Written statement
Code of Civil Procedure1908 Pleading Plaint & Written statementCode of Civil Procedure1908 Pleading Plaint & Written statement
Code of Civil Procedure1908 Pleading Plaint & Written statement
 
First Information Report (F.I.R)
First Information Report (F.I.R)  First Information Report (F.I.R)
First Information Report (F.I.R)
 
Judgements
JudgementsJudgements
Judgements
 
Law of tort (Malicious Prosecution)
Law of tort      (Malicious Prosecution)Law of tort      (Malicious Prosecution)
Law of tort (Malicious Prosecution)
 
Right to fair trial
Right to fair trialRight to fair trial
Right to fair trial
 
Preliminary Investigation
Preliminary InvestigationPreliminary Investigation
Preliminary Investigation
 
Kenneth desa
Kenneth desaKenneth desa
Kenneth desa
 
Focus issue three
Focus issue threeFocus issue three
Focus issue three
 
Judgement
JudgementJudgement
Judgement
 
The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908
 
INQUEST.pptx
INQUEST.pptxINQUEST.pptx
INQUEST.pptx
 
Presentation Drugs Inspector trianing - Copy 10.07.234.pptx
Presentation Drugs Inspector trianing - Copy 10.07.234.pptxPresentation Drugs Inspector trianing - Copy 10.07.234.pptx
Presentation Drugs Inspector trianing - Copy 10.07.234.pptx
 
Permanent injunction of a trademark
Permanent injunction of a trademarkPermanent injunction of a trademark
Permanent injunction of a trademark
 
Summon in India
Summon in IndiaSummon in India
Summon in India
 
Striking out pleadings
Striking out pleadingsStriking out pleadings
Striking out pleadings
 

Mais de MEGHASAXENA38

PERSONNEL ADMINISTRATION MEANING.ppt
PERSONNEL ADMINISTRATION MEANING.pptPERSONNEL ADMINISTRATION MEANING.ppt
PERSONNEL ADMINISTRATION MEANING.pptMEGHASAXENA38
 
PERSONNEL CLASSIFICATION.ppt
PERSONNEL CLASSIFICATION.pptPERSONNEL CLASSIFICATION.ppt
PERSONNEL CLASSIFICATION.pptMEGHASAXENA38
 

Mais de MEGHASAXENA38 (6)

BUDGET MEANING.ppt
BUDGET MEANING.pptBUDGET MEANING.ppt
BUDGET MEANING.ppt
 
BUDGET PROCESS.ppt
BUDGET PROCESS.pptBUDGET PROCESS.ppt
BUDGET PROCESS.ppt
 
PERSONNEL ADMINISTRATION MEANING.ppt
PERSONNEL ADMINISTRATION MEANING.pptPERSONNEL ADMINISTRATION MEANING.ppt
PERSONNEL ADMINISTRATION MEANING.ppt
 
PERSONNEL CLASSIFICATION.ppt
PERSONNEL CLASSIFICATION.pptPERSONNEL CLASSIFICATION.ppt
PERSONNEL CLASSIFICATION.ppt
 
RECRUITMENT.ppt
RECRUITMENT.pptRECRUITMENT.ppt
RECRUITMENT.ppt
 
RECRUITMENT.ppt
RECRUITMENT.pptRECRUITMENT.ppt
RECRUITMENT.ppt
 

Último

Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...
Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...
Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...SUHANI PANDEY
 
一比一原版曼彻斯特城市大学毕业证如何办理
一比一原版曼彻斯特城市大学毕业证如何办理一比一原版曼彻斯特城市大学毕业证如何办理
一比一原版曼彻斯特城市大学毕业证如何办理Airst S
 
Interpretation of statute topics for project
Interpretation of statute topics for projectInterpretation of statute topics for project
Interpretation of statute topics for projectVarshRR
 
Human Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxHuman Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxfilippoluciani9
 
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理A AA
 
Performance of contract-1 law presentation
Performance of contract-1 law presentationPerformance of contract-1 law presentation
Performance of contract-1 law presentationKhushdeep Kaur
 
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptxPamelaAbegailMonsant2
 
The doctrine of harmonious construction under Interpretation of statute
The doctrine of harmonious construction under Interpretation of statuteThe doctrine of harmonious construction under Interpretation of statute
The doctrine of harmonious construction under Interpretation of statuteDeepikaK245113
 
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理bd2c5966a56d
 
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理Airst S
 
一比一原版(USC毕业证书)南加州大学毕业证学位证书
一比一原版(USC毕业证书)南加州大学毕业证学位证书一比一原版(USC毕业证书)南加州大学毕业证学位证书
一比一原版(USC毕业证书)南加州大学毕业证学位证书irst
 
The Main Steps on Starting a Business in Spain
The Main Steps on Starting a Business in SpainThe Main Steps on Starting a Business in Spain
The Main Steps on Starting a Business in SpainBridgeWest.eu
 
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation StrategySmarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation StrategyJong Hyuk Choi
 
一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理Airst S
 
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理Airst S
 
Elective Course on Forensic Science in Law
Elective Course on Forensic Science  in LawElective Course on Forensic Science  in Law
Elective Course on Forensic Science in LawNilendra Kumar
 
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理Airst S
 
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理e9733fc35af6
 
Contract law. Indemnity
Contract law.                     IndemnityContract law.                     Indemnity
Contract law. Indemnitymahikaanand16
 
Hely-Hutchinson v. Brayhead Ltd .pdf
Hely-Hutchinson v. Brayhead Ltd         .pdfHely-Hutchinson v. Brayhead Ltd         .pdf
Hely-Hutchinson v. Brayhead Ltd .pdfBritto Valan
 

Último (20)

Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...
Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...
Independent Call Girls Pune | 8005736733 Independent Escorts & Dating Escorts...
 
一比一原版曼彻斯特城市大学毕业证如何办理
一比一原版曼彻斯特城市大学毕业证如何办理一比一原版曼彻斯特城市大学毕业证如何办理
一比一原版曼彻斯特城市大学毕业证如何办理
 
Interpretation of statute topics for project
Interpretation of statute topics for projectInterpretation of statute topics for project
Interpretation of statute topics for project
 
Human Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptxHuman Rights_FilippoLuciani diritti umani.pptx
Human Rights_FilippoLuciani diritti umani.pptx
 
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理
一比一原版(USYD毕业证书)澳洲悉尼大学毕业证如何办理
 
Performance of contract-1 law presentation
Performance of contract-1 law presentationPerformance of contract-1 law presentation
Performance of contract-1 law presentation
 
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx
8. SECURITY GUARD CREED, CODE OF CONDUCT, COPE.pptx
 
The doctrine of harmonious construction under Interpretation of statute
The doctrine of harmonious construction under Interpretation of statuteThe doctrine of harmonious construction under Interpretation of statute
The doctrine of harmonious construction under Interpretation of statute
 
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理
一比一原版(Griffith毕业证书)格里菲斯大学毕业证如何办理
 
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理
一比一原版(JCU毕业证书)詹姆斯库克大学毕业证如何办理
 
一比一原版(USC毕业证书)南加州大学毕业证学位证书
一比一原版(USC毕业证书)南加州大学毕业证学位证书一比一原版(USC毕业证书)南加州大学毕业证学位证书
一比一原版(USC毕业证书)南加州大学毕业证学位证书
 
The Main Steps on Starting a Business in Spain
The Main Steps on Starting a Business in SpainThe Main Steps on Starting a Business in Spain
The Main Steps on Starting a Business in Spain
 
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation StrategySmarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
 
一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理
 
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理
一比一原版(ECU毕业证书)埃迪斯科文大学毕业证如何办理
 
Elective Course on Forensic Science in Law
Elective Course on Forensic Science  in LawElective Course on Forensic Science  in Law
Elective Course on Forensic Science in Law
 
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理
一比一原版(CQU毕业证书)中央昆士兰大学毕业证如何办理
 
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理
一比一原版(纽大毕业证书)美国纽约大学毕业证如何办理
 
Contract law. Indemnity
Contract law.                     IndemnityContract law.                     Indemnity
Contract law. Indemnity
 
Hely-Hutchinson v. Brayhead Ltd .pdf
Hely-Hutchinson v. Brayhead Ltd         .pdfHely-Hutchinson v. Brayhead Ltd         .pdf
Hely-Hutchinson v. Brayhead Ltd .pdf
 

presentation on FIR and PLAINT

  • 1. NAME – MEGHA SAXENA NAME OF SCHOOL – SCHOOL OF LAW CLASS – Ba. Llb (Hons.) REGISTRATION NO. – 11915348 COURSE TITLE – ENGLISH COURSE CODE – ENG148 SUBMITTED TO – Dr. DIGVIJAY PANDYA
  • 2. LEGAL TERMINOLOGY 1) FIR (FIRST INFORMATION REPORT) 2) PLAINT
  • 3. WHAT IS AN FIR ? • First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. • It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. • It is generally a compliant lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. • Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message or a call can be treated as an FIR.
  • 4. WHO CAN LODGE AN FIR ? • Anyone who knows about the commission of a cognizable offence can file an FIR. it is not necessary that only the victim of the crime should file an FIR. • A police officer who comes to know about a cognizable offence can file an FIR himself/herself. • You can file an FIR if :- a) You are the person against whom the offence has been committed. b) You know yourself about an offence which has been committed. c) You have seen the offence being committed.
  • 5. WHAT SHOULD YOU MENTION IN THE FIR ? • Your name and address. • Date, time and location of the incident you are reporting. • The true facts of an incident as they occurred. • Names and descriptions of the persons involved in the incident. • REFUSAL TO REGISTER AN FIR IS AGAINST THE LAW.
  • 6. WHAT IS ZERO FIR ? • Zero FIR is that FIR which can be filed in any police station irrespective of place of incident/jurisdiction and the same can be later transferred to the appropriate police station. • CASE – SATVINDER KAUR V. STATE GOVERNMENT OF NCT - The Complainant had appealed in the supreme court against the order of the high court, where high court had quashed the FIR filed at Delhi Police Station by the complainant. The supreme court held that, police can investigate the case, which does not fall under their jurisdiction.
  • 7. WHAT IS PLAINT ? • In CPC, plaint is a legal document which contains the written statement of the plaintiff’s claim. A plaint is the first step towards the initiation of a suit. • A suit is instituted by presentation of plaint before the court. A ‘plaint’ is written application made by plaintiff against defendant seeking relief from the court. • A plaint is pleading and should conform to the rules of pleading. • Along with plaint, plaintiff shall file documents on which he relies for the relief.
  • 8. WHAT PLAINT SHOULD CONTAIN ? • The name of the court in which the suit is brought. • The name, description and place of residence of the plaintiff. • The name, description and place of residence of the defendant, so far as they can be ascertained. • Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. • The facts constituting the cause of action and when it arose. • Plaint should contain those facts, which have constituted cause of action. • Plaint should contain plaintiff’s verification on oath. • Plaint should contain statement of value of suject-matter of suit not only for purpose of jurisdiction, but also for purpose of court-fees.
  • 9. REJECTION OF PLAINT • Where it does not disclose a cause of action. • Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so. • Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp- paper within a time to be fixed by the court, fails to do so. • Where the suit appears from the statement in the plaint to be barred by any law. • Where it is not filed in duplicate. • Where the plaintiff fails to comply with provisions of Rule 9 (fails to provide copies of plaint).
  • 10. LANDMARK CASES ON REJECTION OF PLAINT • KALEPUR PALA SUBRAMANYAM V. TIGUTI VENKATA AIR 1971 AP 313 :- a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole. • SOPAN SUKHDEO SABLE V. ASSTT. CHARITY COMMR. AIR 2004 SC 569 (572):- where the suit filed earlier was at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit, the application under Order 7 of the court was rejected. • BIBHAS MOHAN MUKHERJEE V. HARI CHARAN BANERJEE AIR 1961 CAL 491 (FB):- an order rejecting a plaint is a decree and hence is appealable.
  • 11. REFERENCES • httwww.legalservicesindia.com/article/1126/FIR.html • https://www.slideshare.net/arnabbd/plaint-written- statement-ws • https://www.legalbites.in/essentials-of-a-plaint/ • p://www.legalserviceindia.com/Criminallaws/fir.htm • http://https://blog.ipleaders.in/rejection-of-plaint/ • https://www.slideshare.net/maneeshkatara/online-fir- system?next_slideshow=1 • https://www.slideshare.net/vakilsearch_tutorial/fir-first- information-report • https://blog.ipleaders.in/registering-fir-outside-jurisdiction/