Need help in understanding legal terminology
Neha
(Querist) 11 December 2013
This query is : Resolved
I want to know what exactly is the meaning of remand in legal terms. I have been told by the police that the accused has been taken in remand. does that mean he is arrested and he is in jail?
Neha
(Querist) 11 December 2013
Sorry but i put it in Criminal Law section because the fir has been lodged for criminal non bailable offenses and i was told that the accused is taken into remand so i wanted to know that since it is non bailable, does that mean he is in jail and will not be granted bail?
Arvind Singh Chauhan
(Expert) 11 December 2013
Simple meaning of remand is to take in to custody. There are two types of remand-
1. Police Remand- possible only after permission of court.
2. Judicial remand- accused is taken in to judicial custody from the police custody.
Bail May be granted irrespective of offence being bailable or non bailable, if court finds reasonable grounds.
Devajyoti Barman
(Expert) 11 December 2013
Well academic queries are not replied here.
Anirudh
(Expert) 11 December 2013
Dear Mr. Barman,
What is the great fuss about the academic query? How do you determine? Even otherwise, if some other expert feels that he should answer the query, there should be no difficulty.
In the instant query, the querist has indicated a live case, where she needs clarity, and hopefully she should be satisfied with the reply provided by Mr. Arvind.
R.K Nanda
(Expert) 11 December 2013
agree with expert Arvind.
V R SHROFF
(Expert) 11 December 2013
Reply of Shri Arvind is sufficient to understand the diff.
T. Kalaiselvan, Advocate
(Expert) 11 December 2013
Remanding an accused in plain language means: After a preliminary or partial hearing before a court or magistrate, to send a prisoner back to the custody, to be kept until the hearing is resumed or the trial comes on; Whether bailable or non-bailable offence, the accused is entitled to be enlarged on bail as per law.
Devajyoti Barman
(Expert) 12 December 2013
Dear Mr Anirudh
Kindly mind your own business.
It is my own view and so please hold your view with you only.
Anirudh
(Expert) 12 December 2013
It is also my business to point out whatever I feel, when things are in public forum like this.
You cannot shut me down. The very fact that so many experts have answered the query goes to show that it is not an academic query.
You could have said academic query and kept quiet. I would not have said anything.
But you chose to say: "Well academic queries are not replied here." Which is statement is a complete false for the simple reason, no one expert has the prerogative to decide whether any query is an academic query or not and in any case, he has no right to say that such queries are not replied here!
So, I have every business to object to your such comments. And I will continue to do so. Take it that it is my business and minding it.
Devajyoti Barman
(Expert) 12 December 2013
It appears you take this forum to vent your own frustrations.
Your so called concern does not suit when you yourself appear here once in while and pick someone from us who are quite regular here to ventilate your frustrations.
Please mind it when you contribute here more frequently like me.
Anirudh
(Expert) 13 December 2013
I have no frustration and therefore there is no need to vent any.
Just because you are a regular and contribute does not mean you have a right and prerogative to term anything and everything as 'Academic Query' and also go to the extent of saying that "academic queries are not replied here".
My simple and straight question is who gave you this right?
Devajyoti Barman
(Expert) 13 December 2013
At lest the person who visit this site to make his own personal agenda has no right to raise this question.
Do visit this site and help quesrits regularly then you can raise such question.
I do not feel like to reply the query of guest experts like you.
Anirudh
(Expert) 13 December 2013
Do you mean to say the querist should be a regular?
You shirked your responsibility as an expert in this forum, by terming a query as academic and also went on to say that "academic queries are not replied here".
When questioned as to who gave this authority and right, you are telling only persons who regularly visit this site can raise question.
Your not feeling to reply is not because of my so called 'guest appearance' here, but because of you really do not have an appropriate answer to my query.
Devajyoti Barman
(Expert) 13 December 2013
It makes it crystal clear that you have only job in this site to poke nose in other expert's affair without bothering to help the quersits here.
I have used language in clear terms which is not understood by you.
Anirudh
(Expert) 13 December 2013
In fact, it is you, who have not understood my simple and straight query: Who gave you the right to term anything as "Academic query" and then to say that "Academic queries are not answered here"?
Do not try to deflect the query by saying different immaterial things.
Yes, once I get provoked by any one, I take up that thing very seriously and put a logical end to it.
Arvind Singh Chauhan
(Expert) 13 December 2013
Dear,
Anirudhh you should stop this episode now, if it was really not an academic query, otherwise who replied would feel guilty of answering.
Barman Sir is so senior member of this site and serving free legal advice, in his opinion a query may be Academic, as having a long legal experience. In his opinion a query may be trifling also, but you should not feel it abusive or insulting. Other members have answered, now what is the problem. Your most welcome to seek any advice in future.
Many seniors have scolded me here but I never mind as being senior to me. Actually there is a misunderstanding on the part of you also as- any query other then related to a case is posted in forum section, it may be academic also.
Barman Sir ! I request to you also, please pardon him.
Devajyoti Barman
(Expert) 13 December 2013
Dear Arvind
Thanks for your appreciation of the situation in correct perspective.
I only tried to say that a person who himself appears in the site once in a month should not meddle some other expert's affair. Let him contribute here for months together then he would get some semblance of right to poke nose in others comment.
You may have noticed that though I termed this a academic query, I never raised issue as to why other experts have replied.
One can always disagree with me and contribute here by replying the query but has no business to point finger on me.
Anirudh
(Expert) 13 December 2013
Dear Mr. Arvind,
I thank you for your well intentioned post.
But, I would like to point out that, even after the querist has clarified that his was not a academic query, and when you had already answered the query, still Mr. Barman has said: "Well academic queries are not replied here."
It was at that stage I posted my first post saying:
"Dear Mr. Barman,
What is the great fuss about the academic query? How do you determine? Even otherwise, if some other expert feels that he should answer the query, there should be no difficulty.
In the instant query, the querist has indicated a live case, where she needs clarity, and hopefully she should be satisfied with the reply provided by Mr. Arvind."
The reaction of Mr. Barman was : "Dear Mr Anirudh, Kindly mind your own business. It is my own view and so please hold your view with you only."
I will be the last person to tolerate this, even if any one happens to be a Senior or Super Senior. I will definitely point out such things (even if any one considers it as poking my nose!)
I once again thank you for your well intentioned post.
