SLC-S22/W4 | Procedural Law

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Assalamu Alaikum Wa Rahmatullah, I hope everyone is well, I am also well by the grace of Alhamdulillah. I will now write a few words related to the topic of this contest. As much as I have an idea about the subject, I will try to give the maximum. I hope everyone will like this post and my expression. So let's get started without delay.

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PART I

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Procedural Law of Bangladesh, Code of Criminal Procedure. It is a procedural law, because it provides for judicial proceedings, criminal investigations and punishments.

The Code of Criminal Procedure is procedural law for the following reasons:-

1.	Legal Process:	The Criminal Procedure Code is such a process in which the entire process from the judicial process to the investigation and punishment of the crime is completed.
2.	Judicial Power:	In this program, powers have been entrusted to the police, magistrates and courts.
3.	Direction of judicial activities:–	In this law, all kinds of directions have been provided including judicial activities, case investigation, testimony.
4.	Protection of human rights:	The Criminal Procedure Code protects the human rights of the accused person. Such as granting bail to the accused person, right to justice, etc.

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The principles of procedural law formulated in the Code of Criminal Procedure, 1898 have been formulated for justice, protection of human rights, fair trial, proper investigation and punishment of offenders.

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Below are the important principles of the Act:-

1. Justice:-

• The human rights of the accused person are protected, where the views of the accused person and the complainant's opinion are heard seriously, and justice is provided.

Importance:-

• This law has been established to adjudicate justice, which is why special attention is paid to the parties so that they do not get injustice.

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2. Neutrality:-

• Under this law, the courts, judges and authorities concerned with the law carry out judicial proceedings in an impartial manner.

Importance:-

• If there is bias, the judicial process becomes weak, human rights are violated and people lose confidence.

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3. Natural Justice:-

• The accused person is given adequate opportunity to speak on his behalf.

Importance:-

• Because this law is committed to protecting the human rights of the individual.

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4.Public Justice:-

• The judicial system is done publicly so that no confusion spreads.

Importance:-

• If the trial is secret, there can be corruption and abuse of justice.So this method is adopted to prevent abuse.

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5. Requirement of Evidence:-

• The trial proceedings were completed with sufficient evidence and witnesses.

Importance:-

• This ensures that a fair trial is done.

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PART II

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Mr. Ramírez rents a commercial space from Mr. Pérez. But it turns out that Mr. Pérez has begun to use the premises as a home, something that was prohibited in one of the clauses of the contract.

Mr. Ramírez decides to go to court and demand the termination of the contract for breach of that clause. During the course of the lawsuit, Mr. Ramírez promotes a judicial inspection of the commercial premises to verify that Mr. Pérez is indeed using the premises as a home, the court agrees to the judicial inspection and sets the day, time and date to carry out the same. .

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The difference between the process of the case and the content of the process is presented below:-

1. Process:	It is a method of conducting cases in court and gathering information.
2. Contents of the process:	This is the main significance of the case through which it can be understood that there is a conflict over the issue.

Process:-

• This is the initial step in which the proposal is made to show the trial of the case, and the judicial process is started by approving the proposal using the legal process.

• Time of day, date is set Specific times are set for the completion of judicial demonstrations. And the main reason for fixing the time is so that the court proceedings are done smoothly.

Contents of the process:-

• Allegations of breach of contract:- Mr. Perez used the commercial space as a home, but Mr. Perez made the deal for trade, but Mr. Perez violated the terms of the contract so this caused the conflict, and that's the main problem.

• Claims for Termination of Contract: Mr. Ramirez has made a petition to the court to terminate the contract, and that is the main claim in the case.

• These are the parts and timings associated with the proceedings of the case. On the other hand, breach of contract and claim of contract are included in the process of difference.

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PART III

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Practical Case.

Mrs. María is driving a vehicle and her brakes go out and she collides with Pedro's vehicle, causing several damages. Given the situation and unable to reach an agreement, Pedro decides to sue María and files the lawsuit in court and upon leaving the court he finds out that the vehicle is the property of Mr. Manuel.

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The procedural issues in each character of the case are identified and they are identified:-

The methodological issues are analyzed:-	👇👇

1) Plaintiff:

• The duty of the complainant who has been harmed, and he who has filed the suit, is to prove that he has suffered a loss because of Mrs. Maria.

• Reasons for procedural issues:- He has filed a lawsuit in court to secure his rights by receiving compensation.

2. Mrs. Maria, Defendant:-

• Mrs. Maria will answer for herself as a defendant to prove her innocence, that she is not guilty or has committed a minor fault.

• Reasons for procedural issues:- The right to be held accountable as an accused is an important aspect of the judicial process.

3) Mr. Manuel:-

• The owner of the gari only has to prove that it is not his fault, he is only the owner of the gari.

• Reasons for procedural issues:- Mr. Manuel must testify as the owner of the garry.

4) The Court:-

• The court will hear both and give an impartial ruling.

• Reasons for procedural issues:- The court has the power to complete judicial proceedings and the right to make decisions is procedural law.

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In this great competition, I think everyone has the best. By participating, their talent and creativity can be revealed. There is no harm in participating, but there is a small gain. So I'm inviting some of my friends here. They are.

Count	My Steemian Friends
1 st	@ulfatulrahmah
2nd	@wilmer1988
3rd	@irawandedy

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Thank You Everyone For My Post Reading

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