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Showing posts with the label rights

Recent Amendments and Impact of Delays on Victims' Rights in delay filing of Chargesheet/Police Report Under Section 173 CrPC

Introduction  Section 173 of the Code of Criminal Procedure (CrPC) lays down the procedure for submitting a police report, commonly referred to as a "chargesheet," upon the completion of an investigation. Under sub-section (2) of Section 173, the officer in charge of a police station must submit the report to a Magistrate after completing an investigation into any cognizable offense. The report must detail the findings of the investigation, including the names of the parties involved, the evidence collected, and whether a crime has been committed. This report is critical for the prosecution to proceed, for the defense to prepare its case, and for the court to take cognizance of the offense. Recent Amendments under the Bhartiya Nagrik Suraksha Sanhita (BNSS) In 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS) was introduced to replace the colonial-era CrPC. The new law brought significant amendments aimed at modernizing India's criminal justice system. One of the key area...

Sleeping Partner in a Business Partnership

Introduction In the realm of business partnerships, a "sleeping partner," also known as a "silent partner," refers to an individual who invests capital into a partnership but does not take an active role in managing the business. Unlike active partners who are involved in the daily operations and decision-making processes, a sleeping partner's involvement is primarily financial. Despite their lack of participation in the day-to-day running of the business, sleeping partners play a crucial role by providing the necessary capital, which can be vital for the growth and stability of the partnership. Rights of a Sleeping Partner 1. Right to Profits: A sleeping partner is entitled to a share of the profits generated by the business. This share is typically proportional to their investment in the partnership, as agreed upon in the partnership deed or agreement. 2. Right to Information: Although they do not actively manage the business, a sleeping partner has the right ...