Posted by admin on January 23rd, 2009 — Posted in Living With The Law
Lawsuit Loans. No Risk Loans
A relatively new source of financing is now available for both individuals
and business owners. It is called lawsuit financing, often referred to as lawsuit loans or lawsuit funding. But these are not loans because the money does not have to be paid back unless the case is won.
Lawsuit financing (loans) help clients who are having financial difficulties. Lawsuit funders do not require credit checks, monthly payments, notes, or any other security.
Frequently, claimants have missed work or lost their job and can no longer meet their rent or automobile payments. In the past, these claimants have needed to accept lesser settlement amounts due to pressing financial difficulties. Now, clients can sustain their personal lives and give the attorney the necessary time to achieve the full value of the case.
Often times, individual claimants and commercial litigants require financial loan assistance prior to settlement or judgment. Types of cases that qualify are:
- Personal Injury: Automobile Accidents, Any Type
- Malpractice: Medical-Legal, Accounting, Construction,
- Wrongful Termination
- Discrimination
- Harassment: Sexual/Rape, Any Type
-And much more
There are a handful of companies that provide lawsuit funding. For more information on these lawsuit
loan companies please visit http://www.fredcoutts.com/indexlawsuit.htm. Each company provides funding that is specific to their criteria. All lawsuit funding companies will provide funding
for personal injury lawsuits. But there are only a couple that will fund commercial and other non- personal injury lawsuit cases.
Rates will vary depending upon the risk. Lawsuit funding companies will generally finance up to 10-15% of the potential settlement value. For example, if the case has a potential value of $100,000, you can expect a funding offer of $10,000 to $15,000. Lawsuit funding companies carefully analyze the cases they choose to fund. They must like the lawyer as well as the potential settlement value.
Lawsuit funding is available in most states and can be a very beneficial source of funds.
For more information please contact the author Fred Coutts
at http://www.fredcoutts.com/indexlawsuit.htm or phone at 888-942-6639.
Since 1980, Fred(CPA,CMA) has been crafting powerful cash flow solutions for businesses and individuals alike, from entreptreneurs to “Fortune 500″ companies. He has built a solid foundation of financial and operational experience through many executive roles, including those as CFO and Controller. Fred is well versed and experienced in finance, accounting, and business operations.
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Posted by admin on January 23rd, 2009 — Posted in Commerce Resources, Fitness Trainers, Hall Of Health
If you are in the process of building muscle, strength, and body profile you are going to be interested in the advantages of Body Building Supplements for your program.
These supplements can add to your training program to increase size and shape quickly and of course safely. Along with your training program at the gym everyday you can add supplements to provide you with a good balance to create the new you.
Supplements will provide you with a healthy regiment for the results you are looking for. Remember vitamins and minerals are an important ingredient to the correct balance of physical activity and nutrition.
You can be on your road to a successful new you. Why do you need the correct balance of vitamins and minerals for your body building program.
You need to make sure that you have the correct balance to make the most of your efforts in building your body and your personal profile.
There is no doubt that a good selection of Body Building Supplements will help you in providing the right balance. You will build your muscle faster and more effectively with the right program.
It is important for any body builder to stay healthy and happy. The benefits of body building will impact every aspect of your life. You want to make sure that you do it the right way.
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Posted by admin on January 23rd, 2009 — Posted in Living With The Law
“What is the best form of promotion?” If only I had a dollar for
every time I’d been asked that question, I could retire and not have
to worry about it!
It seems everything these days is all about driving insane traffic to
your site, getting massive hits, and blowing the bearings off your hit
counter!
Actually, I’m still not sure why anyone would want ‘insane’ traffic
anyway, but that’s another story.
Let me ask you this, however. Instead of focusing SO much on
getting NEW traffic to your site, why not do your best to also
RETAIN contact with your visitors?
Search engine positioning, buying guaranteed hits, purchasing ezine
classifieds, and other forms of promotion are not cheap! So,
doesn’t it make sense to get the most out of each and every visitor
those efforts produce?
I’m sure that makes sense to you, but how do you do it?
You can offer free services, ebooks, and auto responder courses,
and these are great, but if you think about it, they aren’t really that
long term, are they?
So, what tool can you use to retain REPEAT contact with visitors
to your site over an indefinite period of time?
Now pay attention, here. There are many people missing the boat
completely on this subject. It’s one of those simple yet complicated
answers.
Simply put, you need to publish an ezine.
Now, for the more complicated side of that answer. There are
already 4.2 billion ezines floating around the Internet. Well, ok,
maybe there aren’t that many, but sometimes it seems like it. So
how is it that offering ‘yet another’ ezine is going to get you
anywhere?
Ok, ready? This is one of those simple yet profound gems of
Internet truth that should ring bells all over inside the ‘yes, he’s
right!’ section of your brain.
DON’T be ‘just another’ ezine!
The trick to the whole thing is that you’ve got to be unique in some
manner. Feature unique topics, a different style, run rewarding
contests, provide useful resources, give away great freebies, focus
on topics your target market will be interested in, and MOST
importantly, SHOW your site’s visitors WHY they will benefit from
a subscription to your ezine.
Offer bonuses for subscribing and encourage your subscribers to
stick around by keeping the benefits coming.
Now, you may be thinking that all sounds great, but it might not be
that easy to pull off. In fact, it’s not. However, think of the
awesome benefits to be gleaned by FOCUSING all of your other
promotional efforts around your ezine.
Your promotional efforts become more effective when you can
RETAIN contact with the visitors that come to your site.
You’ll increase your chances of getting repeat and secondary sales.
You’ll build longer lasting business relationships.
You’ll increase the value of your business.
You’ll increase the ‘presence’ of your business on the Internet and
your credibility.
Not too mention the possibility of bringing in additional revenue
through selling advertising spots in your ezine, and NO you don’t
have to build that big of a list before you can start to make ad
sales. You just have to be creative.
And there’s the key to the whole thing — CREATIVITY.
If you think about it, I’m certain you can find your own niche that
fits in with your business goals and make it work. You’ve already
got ideas as to why your business is different, unique, and beneficial
to your customers, right? Are you telling me you can’t extend those
thoughts into an ezine in order to receive all the benefits?
Ezines are essentially the hub of Internet marketing. They are opt-
in, not pop under. They are delivered directly to readers, not
ranked in a listing with hundreds of others. Plus, they give you the
opportunity for repeat advertising without repeat expense.
Centering your promotional efforts around your ezine as well as
your site will bring you more rewards. I’m sure of it. Give it some
thought and see where it takes you. I wish you the best.
—————————————————————–
Written by Joe Bingham of the NetPlay Newsletter
http://www.netplaynewsletters.com
Get Quality Resources on starting or improving your own ezine
from proven professionals with extensive experience in the area.
Or learn a Guaranteed way to dramatically Increase your
subscriber list. Visit Opt-In Frenzy at:
http://www.netplaynewsletters.com/optinfrenzy.html
——————————————————————
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Posted by admin on January 23rd, 2009 — Posted in Psychologists Den
Most employees spend the majority of the day sitting in their workstation, being comfortable should be important. When it comes to proper positioning, sitting correctly and making sure the equipment is at the right height, is most important. Improper positioning can lead to serious problems such as carpal tunnel syndrome or tendinitis. These can make typing, holding paperwork and even using the telephone difficult and sometimes impossible.
When suffering from the effects of one of the problems caused by improper ergonomics, a worker cannot usually even perform the most standard of office tasks. Many new ergonomic office equipment and furniture features are available and new advancements and discoveries are constantly being created to help with positioning in the best possible position.
Carpal tunnel is usually associated with workers who spend a large portion of their day in front of the computer typing and is thought to be caused by improper wrist positioning and inability to relax the arm while using it to type. The mouse can also be placed at an improper height, forcing the user to have difficulties keeping the arm at the relaxed position. Tendinitis is also caused by improper wrist positioning and can be avoided with ergonomic equipment and proper positioning once installed.
The chair is really the most important ergonomic device in the workstation as the user spends most of their workday sitting in the seat and putting stress on the muscles and spine. It is found through study that the proper sitting position is not truly an upright position but slightly reclined. In order to keep the proper postion, a chair with a tilt mechanism, preferably one that can lock into several positions is needed.
If not seated properly in your office chair, it can cause back and lower lumbar problems eventually and can be easily avoided if educated on ergonomics. Carpal tunnel, tendinitis and back pain can be avoided as easily as paying attention to proper workstation and body positioning and letting ergonomics take the credit. Educating employees and ourselves in ergonomic techniques is the first step to preventing such work related injuries and avoiding problems.
Amy Lieberfarb has been in the office furniture and interior sales industry for 11 years and currently runs two online websites dedicated to Office Chairs and Furniture. Providing information on how to pick the right ergonomic chair and featuring hundreds of different chairs, the site is very informative.
http://stores.ebay.com/liebswholesale
Specializing in Office Furniture and Ergonomic Chairs.
http://www.liebswholesale.com
She is an expert in most things office chairs and is an eBay Powerseller with years of experience and great positive feedback from all of her loyal customer base.
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Posted by admin on January 19th, 2009 — Posted in Living With The Law
When injured on the job your injuries could be catastrophic which could leave you with no means of survival if you are left in a wheel chair or bed ridden but don’t have the money to buy a bed or a wheel chair and if you need a medical alarm system or medical equipment you could receive medical equipment free of charge to make your life much easier they are several agencies that provided these kinds of services thought out the country Rehabilitation Commissions, Medicaid, Medicare and private organization could pay for your equipment.
Medical alarms systems provide a very secure environment for someone with a disability or the elderly and could mean the deference of survival medical alarms are know to save thousands of lives every year. Medical alarms systems are recommended by health care provides to protect the elderly or persons with disabilities providing them with security if you have a love one who has a disability or an elderly love one a medical alarm system could provide you and your love one with security. knowing your love one is protected could provided you with relief knowing a medical alarm system is protecting you or your love one knowing a medical response team will be at your side or your love ones side in minutes.
Monitoring services must maintain records relating to the dispatch for a period of at least one year following request for an Alarm Site. Records must include the name, address and phone number of the Medical Alarm User, the Medical Alarm System zone’s or point’s activated, the time of request for response team dispatch and evidence that an attempt to Verify was made to the Medical Alarm Site prior to the request for dispatch.
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http://www.worker-comp-law.com/ is dedicated to assisting others by providing information, links and Google Search
worker-comp-law.com provides a verity of articles, we also except articles.
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Posted by admin on January 18th, 2009 — Posted in Lady Luck, Lucky Bets, Sports Parlor
Internet based sports wagering web sites are nowadays modulated by 3 administrations. These are titled the OSGA (the Offshore Gaming Association), the IGC (Interactive Gaming Council) and finally the Fidelity Trust Gaming Association (the FTGA).
The OSGA are a self ordering “watchdog” body that regulates the current offshore sports gaming trade, their objective is to also afford sports gamblers the means to easily discover dependable websites to play gambling games with. The agency tries to preserve the concerns of wagering afficionados, also they charge no particaption expenses. The association is a well qualified and impartial third party administration that manifests objective information, founded around customer feedback, nonpartisan analysis, calls, inside advice also provides inside intelligence.
The Interactive Gaming Council are a nonprofit administration. The agency was designed to allow a forum for curious people to discuss controversies also to boost mutual interests in the worldwide online gaming industry, in an effort to establish fair not to mention sound trade rules and systems which heighten consumer confidence in web based betting merchandise and utilities, and also to help as the gambling trade’s general policy counselor and in addition it provides a data base.
The IGC has worked up a regard for advancing trustworthiness, integrity and also believability by reason of its exacting industry ethics, also its allure to honest commercial enterprises. The Interactive Gaming Council regulates offshore gambling through upholding an original 10-step code of conduct and in addition charges sports gambling businesses fees for publishing the council’s logo. Unsatisfied bettors may moreover report any of their disputes to the IGC.
bet sports wager
The FTGA has been set up in order to set a standard which will upgrade the procedures of computer accessible gambling operations. The Interactive Gaming Council trust that by associating with respected companies, they can develop a union of the most fair and most competent overseas betting companies all over the planet. In short, these are agencies who guide the conduct practised by web based gaming and which should function to take the sting out of some of the insecurities held by doubters. Live sports gaming websites are absolutely trustworthy, now that individual details shouldn’t be a requirement and the returns not to mention the betting odds are mainly just as uniform and fair as in your familiar Vegas-type sports bet. These web sites cut down traveling time, but nonetheless preserve the original ethos, only nowadays you are able to game at your desk.
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Posted by admin on January 16th, 2009 — Posted in Living With The Law
What is estate planning and just why is it so important? Estate planning is what a person engages in while they are making out a last will and testament. They determine what will happen to all of the assets they own and who will benefit from such assets. Therefore, estate planning is extremely important, if you want to leave specific individuals your assets, like your home, your vehicle(s) or any form of money, you will need to write a legal will and indicate your selected beneficiaries.
So, what do you have to do to get your will written? There are several steps you will need to take in order to cover all the bases. Before you even begin writing your will however, you will need to give due consideration to who you will choose to carry out your wishes. Remember a will is nothing more than a document that expresses your wishes in written form - you will need someone the get everything done for you. Thus, you will need to choose a special person that you distinctly trust. This person will be the executor (male) or the executrix (female) of your last will and testament.
Next, you will need to speak to a lawyer that handles wills and estates about writing up your will. A lawyer can assist you with all the legalities and can advise you of what you can and cannot do in terms of planning the distribution of your assets. You can find a lawyer easily enough using your telephone directory or you can find one on the Internet. Better yet, you can even find one through the recommendations of another. Either way, the sooner you begin planning for your will the better off you will be.
After you have located a lawyer, you will sit down with the attorney and go through any documentation pertaining to your assets. At this time, you may also want to consider the possibility of creating a Power of Attorney, a statement giving control of your assets to your pre-selected individual if something should happen to you while you are still living and you, for whatever reason, cannot speak for yourself. Also, you may want to consider creating a Health Care Proxy, letting whoever is in charge when you can’t be, decide the type of hospital treatment you would prefer. For instance, if you are seriously ill, you can elect to notify the hospital and doctors via your health care proxy that you do not want to be resuscitated.
Finally, during the process of creating a will, you may want to establish one or more trust funds, referred to as “discretionary trusts” to those individuals that may be too young to manage any assets you give them in the event of your death.
A will is crucial if you want to make sure that your family is taken care of in the event of your death. With a will, you can prearrange your funeral and the payments required for such arrangements. You can also determine what assets are to be sold and divided among your loved ones. Ultimately, the act of creating a will takes the burden of worrying off your friends and family during their time of grief.
Michael Russell
Your Independent guide to Estate Planning
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Posted by admin on January 15th, 2009 — Posted in Uncategorized
High blood pressure or what is medically known as hypertension affect millions of Americans. In fact, about 80 million people in the US have high blood pressure and what is more terrifying is the fact that some of these people are not even aware that they have high blood pressures. This is why hypertension has become known as the silent killer because unless you have your blood pressures checked regularly, you have no way of knowing that you already have it until it is already much too high up the scale.
High blood pressure will often manifests itself through headaches, dizziness and nose bleeds. Some people will also feel pain at the back of their necks when they wake up in the morning. Hypertension is not really life-threatening per se as it is not a disease. The level of blood pressure, however, is a risk factor to heart disease and will increase one’s predisposition to heart attacks. This is especially true with people who are over 35 years old and those who are much much older.
Because it is a condition and not a disease, people can do a lot to prevent hypertension from settling in. Most doctors recommend a change in the diet and a major lifestyle change.
Diet is perhaps the primary lifestyle change that people should look into when dealing with high blood pressure. Excessive eating of fatty foods that cannot be easily digested can cause a lot of problems. Obese individuals are also more likely to develop hypertension not only because of the fat content in their bodies but also the constriction that these fats produce in the body. This constriction can affect blood circulation and heart function, which may lead to a full-blown heart attack.
Another advice that doctors give to individuals concerned with their blood pressure is to have regular exercise regimen that would help lower their blood pressure. Activities such as running and jogging, cycling and swimming as well as other sports can decrease blood pressure. Doctors recommend that people exercise and do these sports activities for about 30 to 45 minutes a day and they will find their blood pressures significantly lowered.
Alcohol, for instance, increase the prevalence of hypertension when it is taken in excess. The term excess here will refer to over two drinks per day. Studies have actually shown a direct relationship between these two factors when the drinking exceeds five glasses each day. A drink here refers to a can of beer, a glass of wine or a jigger of liquor. There are people however who have low tolerance with alcohol. It is best to stop drinking if you find your blood pressure going up or if you feel nauseous already.
Smoking is also one of the things that a person should avoid when trying to either lower blood pressure or to prevent it from going up. Besides the complications that it poses to the lungs and the vascular system, smoking also increases the risk for heart disease. This is because the nicotine in cigarettes and tobaccos can constrict one’s blood vessels, causing the heart to beat faster. Elderly people are also asked to avoid excessive coffee drinking. In a study conducted, it was found that five cups of coffee per day can mildly increase the blood pressure. The combination of coffee drinking with smoking increases the risk all the more.
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Posted by admin on January 15th, 2009 — Posted in Living With The Law
In this research article, we shall study the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and what are principals of administration of these criminal courts? We shall also study types of administrative agencies and how these investigating agencies provide assistance the courts in administration of criminal justice.
Principal of Administration
The section 5 criminal procedure Code (1898) has enunciated the administration and trial of offence falling penal provisions of PPC shall be investigated and enquired and other dealt according to the provisions of the criminal procedure Code but subject to any other enactment time being in force which prescribed special form of procedure for regulation, manner or place of trial investigation and trial of offences.
1. Territorial Jurisdiction
All criminal court and investigating agency established under Cr.P.C or special laws have their territorial jurisdiction for administration of criminal justice. Under subsection 1 of section 7 of Cr.P.C. each province shall consist of sessions divisions; every session division shall for the purpose of this code, the section 7 Cr.P.C relates to territorial division. It provides that each province shall consist of session division, and every session division shall be for purpose of code is a district or consist of districts. It is the provincial which is empowered to alter the limits or number of each divisions and district. According to provisions, it is the provincial government to divide any districts or make any portion of any such district a subdivision and may alter the limitation of any such-division.
If in the opinion of a court taking cognizance of the offence, and the case appears to be one in which, according to the fourth column, a warrant to be issued in first instance, a causing to be brought or to bear at certain has no jurisdiction some other having the jurisdiction. It provide that each province shall be consist of session divisions and every session division shall for purpose of the code a district or consist of districts. It is the province government which is empowered to alter the limitation or number of such divisions and districts. According to section 8 it is for the provincial to divide any district into sub-divisions or make any portion of any such district a sub division, and may alter the limit of any sub division.
2. Subject Matter Jurisdiction
The jurisdiction of subject matter is often vested on that subject where special investigating agency or special court is constituted for administration of these offences. The criminal court and investigating agency exercise their jurisdiction on particular subject matter that jurisdiction is derived from special law enforceable in Pakistan.
Criminal Courts for Administration
There are two types of courts in Pakistan, first established under Cr.P.C and others are established by special enactment.
1. The court established under Code of Criminal Procedure
Chapter II of the code of criminal procedure 1898 deals with constitution and power of trial courts and offences committed in penal code and other laws. The section 6 has defined the criminal court for purpose of prosecution of the offences. The section has provided the three classes of the courts for the purpose of prosecution of the offences. These court act and prosecute the offence under their defied jurisdiction. The class of courts includes the court of magistrate, session and High Court for the purpose of administration of criminal justice. The power has been given the established to try offence under penal court and other offences which ahs not been defined in penal provision but in other provision of laws.
2. The court established under provision of special laws
There are types of court for the purpose prosecution not falling Pakistan penal Code 1860, and these courts are established the federal or provincial legislation establish these court for the purpose of the prosecution of special offence penalized under special laws time being in force.
There type of court act under special procedure described in special laws. The purpose of the administration and providing procedure for these prosecutions of these offences are that these offences are promulgated for special and often the code of Criminal procedure is inadequate to meet the requirement for these courts.
Types of Criminal Courts established under Cr.P.C
Under section of criminal procedure code, besides the high court and court session under any law other than this code for time being in force, there shall be two classes of the courts in Pakistan.
1. District Magistrate
Under section 10 of Cr.P.C of 1898, the provincial government shall appoint district magistrate and provincial government shall also appoint additional district magistrate to exercise jurisdiction in one or more districts, and such additional district magistrate shall have or any of the powers of district magistrate under this code or under any other law for time being in force, as the provincial government shall direct. The subsection 1 of section 12 of Cr.P.C of 1898 may appoint as many persons as it think fir to be may time to time define the local areas within which persons may exercise all or any of the powers within which they may respectively be invested under the code.
Under sub section 1 of section 14 of Cr.P.C. of 1898, The provincial government may on the recommendation of the high court, confer upon any person all or any of the powers conferred or conferrable by or under this code on a judicial magistrate in respect to particular cases or to a particular classes of cases or in regard to case generally in local areas. As defined in such magistrate shall be called special judicial magistrate and shall be appointed for such terms as the provincial government may, in consultation with high court, general or special order, direct.
2. Court of Session
Under section 9 of Cr.P.C of 1898, the provincial government shall establish a court of session for every session division and appoint a judge of such court and also one of more session division to exercise jurisdiction in one of more courts.
The provincial government is empowered to establish a court of session for every session division and also appoint judge of such court. The Subsection 3 of section 9 empowers the provincial government to make appointment of additional session judge and to exercise jurisdiction in one or make such courts.
The session judgment is deem to superior to additional session but as regard with power of both are same. Only limit to the power of the assistant session judge is that assistant session judge can pass the death sentence or imprisonment for more that seven years as cited in 1998 P.Cr.L.J. 572.
3. High Court
The high has been established under Articles of Constitution of Pakistan and also have been given power of trial and appeal under Cr.P.C 1898. In addition to these power confirmed under Cr.P.C, the High Court has been confirmed special powers under articles of Constitution of Pakistan 1973 for administration of Criminal justice.
Power of the criminal Courts for administrate
The jurisdiction of every statue to try offence is derived from the penal statute; either that statute establishes court or penal provisions.
1. Offence falling under penal code
Under section 28 of Cr.P.C of 1898, all offence provided in penal statutes shall be tried by magistrate, session and high courts and other court which has mentioned in eighth column of the second schedule to be triable. Magistrate is not barred from sending the case to session for trial even if he has commenced trial by recording evidence. Legislature has contemplated that magistrate should not only send cases for trial which are exclusively triable by court of session or high Court but also cases which in opinion of magistrate should or ought to be tried by such court.
It is essential that that offence should be shown to be triable by court concerned. Offence not shown in schedule to be triable by magistrate, triable by magistrate is without jurisdiction, 1972 P.Cr.L.J 233. If the offence is triable by magistrate, the session judge can transfer the case from court of magistrate to itself merely because of want of jurisdiction as decided in PLD 1966 SC 589.
2. Offences falling in other laws
Under subjection 1 of section 29 of Cr.P.C of 1898, subject to any other law for time being in enforce, when any court which is mentioned above in this behalf in such law be tried by such court. Under subjection 2 of section 29 of Cr.P.C of 1898, when no offence shall not to be tried by any court, it shall to be tried by High Court.
A magistrate appointed under the code does not cease to be such a magistrate merely because he has been given certain special or additional power under special statute. Therefore, an appeal under section 408 of the code is available to a person convicted or trial by first class magistrate appointed under the code of code of criminal procedure unless the special statute which has created the offence has made express provision barring the appeal as cited in PLD 1970 Decca 260.
Administrative power of Punishment
Here is brief description of powers have vested on various for passing sentence orders.
1. Sentence which are to be passed session and High Court
Under subsection 1 of section 31 of Cr.P.C 1898, a high court may pass any sentence authorized by law. Under subsection 2, session Judge or additional session judge may pass any sentence authorized by law; but any sentence of death passed by any such judge shall be subject to confirmation by high Court. Under subsection 3 of section 31 of Cr.P.C. of 1898, Assistance session is not authorized to pass the death sentence or imprisonment for term exceeding seven years.
2. Sentence which magistrate may pass
Under subsection 1 of section 32, the court of magistrate may pass the following sentences namely, the Court of Magistrate of first can pass the imprisonment of description of term not exceeding three such solitary confinements as they are authorized by law and fine not exceeding fifteen thousands rupees and Arsh whipping, the Court magistrate of second may pass order of imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law; and Fine not exceeding five thousand. The court of Magistrate of third class for may pass order of imprisonment for term not exceeding one month and fine not exceeding thousand rupees. The code of criminal procedure having first enumerating the courts by which different offence could be tried has proceeded to define the limits of sentence which the various courts can pass. The limits provided in these sections show the maximum sentence which a court can pass, they have nothing to do with maximum penalty provided for a offence.
Administrative Agencies
1. The establishment of administrative agencies under Code of Criminal Procedure 1898
There are two types of
Agencies are working in Pakistan for administration and of criminal justice, first is local police which has its enactment which led to established for prosecution. The Prosecution of this offence has established whose function and administrative procedure has been defined in Code of Criminal Procedure 1898.
2. The establishment of investigating agencies under other laws
The other types of investigating and administrative agencies are established under special law for prosecution of offences falling provisions of special laws for times being in force.
These agencies having their procedure being defined in special enactment, like the Federal Investigating agency has its own investigating and administrative agency for the purpose of prosecution of the offence. FIA have own administrative power and jurisdiction over the defined subjects.
The administrative power of investigating agency established under Cr.P.C 1898
The police have been established under the Cr.P.C provisions for the purposes investigation of the crimes, and various administrative functions are performed by police for end of criminal administration.
1. Prevention
The section 150 of Cr.P.C 1898 has made it compulsory on part of police to prevent the commission or omission of offence with best of his abilities. The prevention of the offences shall to be prevented when the communication of the offence has made to the police, they are immediately obliged to communicate it has police officer for the purpose of adopting prevention measures for it. The police shall adopt methods of the prevention the crime by arresting that person where no other method is available for the same purpose.
2. Investigation
The section 156 of Cr.P.C. is related with investigating procedure of police when any information is made relating to the commission of the cognizable or non-cognizable offence is orally or in writing the officer in charge of a police shall put down into the record book for future narrating gist of the information which has made to him. The police officer in whose jurisdiction the commission of cognizable offence has taken place will inquire and investigate the offence, but however the subsection 1 and 2 section 155 of Cr.P.C. has made proviso that In the case of non-cognizable offence, he has to communicate to Magistrate for seeking permission for further investigations. The section 157 of Cr.P.C relates with the procedure where commission of cognizable offence are suspected, the police officer is obliged to conduct local investigation into fact and circumstances offences on the spot.
3. Search
The police can exercise their power of search under the section 165 of Cr.P.C. 1898, where the reasonable grounds are available which cause the police to investigate any matter which is falling in the jurisdiction, they can make search purpose of making investigation but the limit to make investigation has been put under Bankers Book Evidence Act 1891.
4. Arrest
Under the section 46 of Cr.P.C. 1898, the police making arrest of person are made for purpose preventing that person from committing offence or putting that person in custody of police for the alleged committing of offences. The section 47 of Cr.P.C. says that where the arrest is essential for the purpose of the making arrest of that person, they can make search of the premises where the person supposed have take abode or hiding himself.
5. Framing of charges
The section 221 of Cr.P.C 1898 is related with the framing of the charges, police frames the charges of the offence which the accused has committed; these describe the particulars of the offence which has been committed. There are many other formalities of the law which is required to be fulfilled in as defined Cr.P.C provisions.
6. Recording of statement and evidence
The police officer making an investigation under this chapter may, by order in writing , requires the attendance before such as the provisional government may prescribe in order, such officer may examine the orally any such person supposed to be acquainted with fact of the case. Under The section 161 of Cr.P.C 1898, the person accused or acquainted with fact is bound to give all answer of all questions which are asked by the police. The police officer may reduce into writing such statement which has made by witness in course of examination by police officer.
Summary
We have studied the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and the basic principal of administration is territorial and subject matter division of jurisdiction of various criminal courts and investigating agencies. There are two types of court first established under Cr.P.C; other are constituted under other laws. There are also two major investigating agencies are in Pakistan for purpose administration of criminal justice. The procedure of investigation is Police is made according to Cr.P.C provisions and FIA administrate crime according to FIA Act.
The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.
Author can be contacted by adil.waseem@lawyer.com.
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Posted by admin on January 14th, 2009 — Posted in Living With The Law
Why me? How could I let this happen? If I could only go back and undo what I did. It is only natural to engage in this thought process when you’ve been charged with a criminal offence. Such sentiments may be echoing repeatedly in your mind. You may even feel that you cannot stop them. However, you must in order to help yourself.
Begin by recognizing that this thought process creates feelings of helplessness and is disempowering. If you are reading this, then you are likely seeking to understand your predicament and trying to gain some measure of control over the situation. This is a major step in the right direction.
Gaining control over your emotions and thought process is essential. It is the first step in the journey ahead. Doing this will allow you to think clearly and make effective decisions. Whatever has happened to bring you to this point has already transpired. There is no benefit to re-living it and judging yourself. Accept that it has happened. You now face a challenge that you must confront.
Take a piece of paper and write “To my lawyer” at the top of the page. This will preserve the privileged nature of the document. Write down in as much detail as possible (do not worry about including irrelevant facts) everything that happened during the incident that lead to the charge. If you feel there is relevant background information then include it. Also, make notes of any questions and concerns that come to mind. This exercise serves several purposes. It preserves your memory of the events that you may be required to testify to many months down the road. It gives your lawyer a complete and accurate understanding of the situation. It helps you clarify and articulate your thoughts.
The next task is to find the right lawyer. This may seem to be a formidable task. After all, what do you know about the law? Knowledge of the law is not something you need to find the right lawyer. You are able to determine whether you like someone. You are able to judge whether you like the person’s approach. You are able to assess a person’s communication skills. You are able to appreciate how much time that person has or has not spent with you. Use these factors to guide you. You have a lifetime of experience dealing with people. Rely on it. Trust your instincts. Trust yourself.
Keep the channels of communication open. A lack of communication between a lawyer and client often leads to misunderstandings and a breakdown in the relationship. It is the lawyer’s responsibility to keep the client well-informed and updated on a regular basis. But you can and should pick up the phone anytime you have a question, a concern, an idea, or just want to know if there’s been a development in your case. A good lawyer encourages this type of contact and will make himself available to his clients. Make sure your lawyer subscribes to this philosophy and take advantage of it. The more communication you have, the better informed you and your lawyer will be. As a result, your lawyer will be able to provide more meaningful advice and you, in turn, will provide better instructions to your lawyer. In the end, you will be more satisfied with the level of service you receive from your lawyer.
Be proactive in the development of your case. Be prepared to be involved in the building of your defence. As brilliant as your lawyer may be, he does not have a first-hand knowledge of the facts. You do. You were there. The facts are everything. A good lawyer recognizes this and will set out to master the facts. To do this, he must involve you in the process. Review the evidence with your lawyer. Comment on what you agree with, what you disagree with, what you think might be missing. Share your ideas. You may come up with something your lawyer hasn’t thought of.
Finally, maintain a positive attitude. Negative feelings will creep up from time to time. This is natural and to be expected. However, do not let them interfere with your focus. Simply acknowledge them then put them aside. A positive attitude will allow you to effectively process information and advice from your lawyer; to give proper instructions to your lawyer; to convey your concerns; and to generally be useful in your defence.
Keep in mind, as bad as it seems now, you will get through this.
About the Author
Tushar Pain is a Criminal Defence Lawyer practicing in the Greater Toronto Area, Ontario, Canada. He represents people charged with serious criminal offences including drunk driving, domestic assault, theft, fraud and sexual assault. To learn more about Tushar’s services, visit his website at: http://www.TorontoCriminalDefence.com, send an email to: tkpain@TorontoCriminalDefence.com or call 416-410-4838.
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