Types of Powers of Attorney

The Powers of attorney is characterized as the written authorization for representation before the private affairs, or in business, or some other legal matter. It is also called as a letter of attorney. The term “power” is referred to as an instrument signed under seal. A “letter” is an instrument that has been signed by… Read More

Money Laundering and Proceeds of Crime

What is Money Laundering? By definition, the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses is known as Money Laundering. Legally, In India, Prevention of Money Laundering Act, 2002 was passed to prevent money-laundering and to provide for confiscation of property derived from money-laundering.… Read More

Why its better to give Divorce

Marriages are made in heaven and divorces are made in courts.Relationships are complex and they do end up sometimes. Nowadays in Indian society, divorces are common and it’s no longer a taboo.Divorces are painful but it’s better to give divorce than to suffer in a relationship which is source of grief. Here are the few… Read More

Divorce Laws in India -2017

Divorce Laws in India -2017 Some changes Waiver of 6 months cooling period held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple and there is a dispute between the husband… Read More

When husband can file a divorce case on the basis of cruelty:

1- Wife filling false complaints and making wrong allegations on the husband and his family members. 2- Demanding separate home and demanding the husband to live away from his parents. 3- Making false allegations of adultery. 4- Wife denying love and care, acting like deadwood, NON participation @ rituals, deserting husband are all cruelty. 5-Wild, reckless… Read More

TOP 20 MAINTENANCE CASE LAWS IN FAVOUR OF HUSBANDS

1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC). 2. Wife is not entitled to maintenance… Read More

Legality of Benami Properties!!

A Benami property is a property wherein the person who actually pays the consideration of the property (purchaser), purchases the property in the name of other person (benamidar), however the purchaser did not intends to make that other person beneficiary of the propertyThe sole purpose of Benami transaction is to facilitate the purchaser to hide… Read More

Protecting Trans Border Reputation

A trade mark is a visual symbol applied to an article with a view to indicate the trade source from which it comes. It can be a word, device, label, name, letter, numeral, brand, heading or colors. The purpose of the trade mark is to distinguish goods or services of one origin from those of… Read More

IMPORTANT DECISIONS

Abuse of process of law – Reagitating the same point under different provision of law which was earlier raised and rejected – It is nothing but an abuse of process of law. (2017(4) Civil Court Cases 849 (Madras)* *Adverse possession – Mere possession for long time does not convert permissible possession into adverse possession. (2016(3)… Read More

Getting Anticipatory Bail in 498A/406 IPC

The Supreme court quoted that the sections under 498A and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”. The supreme court in recent judgement of Arnesh… Read More

Friendly loan in cash in cheque bounce cases

Sometimes in usual course of business blank cheques are handed over to trusted persons and the cheques are often misused by these persons under the guise a friendly loan is given to the accused. Now this amount as shown by the complainant is in cash and since its a friendly loan no paper work is… Read More

Type Of Creditors In The Insolvency and Bankruptcy Code, 2016

The Insolvency and Bankruptcy Code, 2016,is one of the newest entries to the legal framework of the country. This code has been a much awaited introduction to the financial laws in India and it aims at protecting the interests of small investors and make the process of doing business a cumbersome-less process. The only intention… Read More

Transfer petition in favor of the wife

What is a Transfer Petition ? Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power can be and generally is… Read More

REMEDIES AVAILABLE TO THE BORROWER OR AGGRIEVED PERSON AGAINST THE PROCEEDINGS

    INTRODUCTION TO THE SARFAESI ACT, 2002 India is the world’s third largest economy. In order to keep pace with the fast evolving economies of the developed countries and to secure its position amongst the fastest developing countries, it is of utmost interest that the financial stability and growth of the country remains fluid… Read More

Fate of simultaneous agreements to sale

  What is agreement to sale ? An agreement to sale always precedes the process of actual execution of the sale deed. An agreement to sale is a very important stage of the whole process. An agreement to sell is an important document in the process of sale and purchase of property. This agreement contains… Read More

Is your Spouse Cheating on you: Ways to Prove Adultery

BACKGROUND Article 14 of the Indian Constitution provides for equality before law and equal protection of laws. The first phrase translates as a positive right conferred upon the people by the virtue of which every person will be subject to the same judicial system without any privileges or any discrimination whether positive or negative. Whereas,… Read More

Guide to getting the custody of your child midst a divorce.

Introduction Going through a divorce settlement is not easy. With an ongoing maintenance suit coupled with other allegations, it gets severely difficult. The excruciating aftermath of a divorce settlement often involves the battle for the physical custody of the child. Child custody is a term used in family law courts to define legal guardianship of… Read More

Divorce on Adultery

Divorce on Adultery Under the Hindu Marraige Act, 1955 adultery word is not used in the Section 13 1(i) of the HMA 1955 13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree… Read More

Bail in NDPS Act

  The meaning of bail is  “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court” Bail in NDPS Act. Section 37 says that no person accused of an offence punishable for offences under section 19 or section 24 or… Read More

IMPORTANT DECISIONS

*Agreement to sell – Unequivocal repudiation of agreement – Suit filed one year and eleven months thereafter – Only inference which can be drawn is that plaintiff was not ready and willing throughout to perform his part of agreement. (2017(3) Apex Court Judgments 330 (S.C.)* *Contraband – Recovery of knife at the time of opening the bag… Read More

See how to what limit wife can harass husband in false dowry cases

How Rahul won false dowry cases filed by his wife-inspiration for all false dowry cases victim Rahul(named changed) met a girl Priya on online matrimonial site for marriage proposal. the girl parents were from a very simple family and Rahul was from an upper-class family. Rahul family wanted a simple and traditional girl.  both the… Read More

Landmark Judgments where father get Child Custody

  Mridangra J. Hira Lal Suchak V. Neena M Suchak Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C. page 360. In this case, father was given custody of child mother gets visitation.   Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ORS. Crl. Writ No 248 of 1991, Delhi High… Read More

SC orders 5 Lakhs compensation for arrests without following prescribed procedure u/s. 41 and 41-A of Cr.P.C.

Hon’ble Supreme Court in Dr. Rini Johar and Anr. Vs. State of M.P. and Ors has held that: Arrest of two ladies, one Doctor and another an Advocate, in an offence registered u/s. 420/34 IPC, without following the due procedure as prescribed u/s. 41 and 41-A of Cr.P.C., it jeopardized their dignity and liberty, state… Read More

IMPORTANT DECISIONS

*Anticipatory bail – Absconder – Should not be granted anticipatory bail. (2014(1) Criminal Court Cases 244 (S.C.)*  *Certified copy of statement recorded u/s 164 Cr.P.C. which is part of record cannot be denied. (2014(1) Criminal Court Cases 720 (Kerala)* *Compliance of S.50 NDPS Act – Offer of search in presence of a Magistrate or a… Read More

IMPORTANT DECISIONS

Domestic Violence – Counter claim – Can be filed by defendant in a suit before Small Causes Court. (2017(3) Civil Court Cases 643 (S.C.)  Ex parte decree – Setting aside – Plaintiff did not lead any evidence to prove that summons were served upon defendant – Ex parte decree set aside. (2017(3) Civil Court Cases 666 (Allahabad) … Read More

Supreme Court lays important Guidelines for Section 482 Cr.P.C

Full Bench of Hon’ble Supreme Court headed by CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud has today relaid the scope of Section 482 CrPC. The broad principles which emerge from the precedents on the subject, may be summarized in the following propositions: (i) Section 482 preserves the inherent powers of the High Court… Read More

Transfer Petition in Supreme Court of India-All about

Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power may be exercised by the Supreme Court if… Read More

Indian-origin parents can’t fight custody battles in Indian Courts

  Indian-origin parents having a foreign country’s citizenship can no longer fight child custody battles in Indian courts after a Delhi High Court verdict in a recent case held that the courts of the country where children ordinarily reside alone will have the jurisdiction to try such cases. The judgment came in a child custody… Read More

IMPORTANT DECISIONS

Agreement to sell – Specific performance – Cuttings and interpolations – Initialed by vendor – Cuttings and interpolations thus does not make the agreement doubtful. 2014(4) Civil Court Cases 499 (P&H)  Civil & Criminal liability – Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. (2010(1) Criminal Court… Read More

Factors to be considered while granting the interim maintenance

Hon’ble Delhi High in Manpreet Singh Bhatia vs Sumita Bhatia through Hon’ble Justice Pradeep Nandrajog  & Hon’ble Justice Pratibha Rani has reiterated the  factors to be considered while granting interim maintenance as reported in 140 (2007) DLT 16 Sh.Bharat Hegde Vs. Smt.Saroj Hegde and confirmed the order of the Sessions Court directing the Husband to pay the interim maintenance to… Read More

Struggling to get Divorce, here are some land mark cases in favor of husband

  1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Dr. Anita Rani V/s Dr. Suresh Kumar Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the court. 2.… Read More

Real Estate Scam in India

Real Estate scam in India In India many thousands of people have invested in on going projects by many builders in the country. Now these projects are under construction and are available at low rates. since possession of the projects are offered within 36 months period from the date of builder buyers agreement. Here is… Read More

Important Judgements

    Accident – Interest on enhanced compensation – Not denied to claimants for the period of 205 days delay occurred in filing appeal. (2017(2) Apex Court Judgments 666 (S.C.) Accident – Tractor attached to trolley carrying goods – It is a vehicle of the category of light motor vehicle – Driver having licence to… Read More

Cooling Period is not Mandatory

Supreme Court held that Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not mandatory. It is open to the District Court/ Family Court to exercise its discretion to waive off the period in the facts of the case. Amardeep Singh v. Harveen Kaur, Civil Appeal No. 11158 of 2017 Decided on:… Read More

Important Judgements

  Ex parte decree – Single application can be filed to condone delay and to set aside ex parte decree, where grounds for seeking both such reliefs are same. (2017(3) Civil Court Cases 375 (Hyderabad) Issuance of process – Court to scrutinize carefully as to whether allegations made in complaint meet the basic ingredients of… Read More

Latest Judgements

Anticipatory bail – Case based on documentary evidence – Custodial interrogation may not be required – Bail granted. (2017(3) Criminal Court Cases 571 (P&H)  Interlocutory proceedings – Findings recorded therein – Do not in any manner affect and come in the way of disposal of suit on merits. (2017(3) Civil Court Cases 395 (S.C.)  Mohammadan Law –… Read More

Don’t be a Victim!!!!

The National Company Law Tribunal on Monday ordered the initiation of insolvency proceedings against fund starved Amrapali’s Sillicon City on a plea from Bank of Baroda and appointed Rajesh Samson of Deloitte as the Insolvency Resolution Professional to take control of the entity controlled by Anil Sharma. The group’s other two companies, Ultra Home Construction and… Read More

Latest Judgements

Contempt of Court – Court has a duty to issue appropriate directions for remedying or rectifying the things done in violation of the orders. (2017(2) Apex Court Judgments 601 (S.C.)  Contraband – Sample of 100 gms but FSL received 30 gms – Accused to be acquitted solely on this ground. (2017(3) Criminal Court Cases 390… Read More

Latest Judgements

*Adverse possession – Plea available to defendant only when he admits ownership of true owner over suit property to the knowledge of true owner. (2017(3) Civil Court Cases 311 (S.C.)*  *Dishonour of cheque – Stop payment – In fact it amounts to the fact that amount of money for payment to drawee in relation to… Read More

Important Judgements

*Complaint – Dismissal against some of the accused – After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C. (2017(3) Criminal Court Cases 351 (Kerala)* *Dishonour of cheque – Willingness to pay expressed in Court – Not `judicial confession of guilt’. (2017(3) Criminal Court Cases… Read More

Latest Judgements

*Best available witness – Not produced – Court to draw adverse inference. (2017(3) Criminal Court Cases 415 (All.)*  *Dishonour of cheque – Stop payment – Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds.… Read More

Class Action-How many number of buyers can file suit at NCDRC

These days NCDRC  is  entertaining petition under section 12(1)(c) (class action petition) of the consumer protection act-1986, wherein joint petition can be filed on behalf of innocent consumers. Pre-Requisites All the buyers are affected by same cause. Same relief is sought by the buyers There are many number of buyers. Grievance related to same project… Read More

Latest Judgements

*Co-owner – Non demarcation of suit property – Construction of compound wall, within suit property, to protect suit property from further encroachment – Permission granted, upheld. (2017(3) Civil Court Cases 461 (S.C.)*  *Dishonour of cheque – Conviction – Compromise – On failure to pay the agreed amount, within time granted, accused shall be proceeded with… Read More

Latest Judgments

Auction sale – Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 – Sufficient ground to set aside sale. (2017(2) Apex Court Judgments 707 (S.C.) Expert opinion – Should be demonstrative and should be supported by convincing reasons. (2017(2) Apex Court Judgments 747 (S.C.) Prevention of misuse of S.498-A IPC –… Read More

SC ruling in ICICI vs Innoventive, one of the first substantive rulings of the Supreme Court under the Insolvency and Bankruptcy Code:

The important principles held by the Supreme Court are as follows: 1. ICICI’s insolvency application against Innoventive has been upheld by the Supreme Court. The insolvency declaration was being challenged on the ground that Innoventive was a “relief undertaking” under the Maharashtra law for relief in case of industrial undertakings. 2. Supreme Court held that… Read More

Judgement Updates

Costs – Court can grant relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party. (2017(3) Civil Court Cases 517 (P&H)  Dishonour of cheque – Conviction – Suspension of sentence during pendency of appeal – Pre condition of depositing part of compensation cannot be imposed. (2017(3) Criminal Court… Read More

Landlord does not have to affirmatively prove the payment of rent in case of sub-letting by tenant

Explaining the rule of inference in matters relating to sub-tenancy or sub-letting, the bench RK Agrawal and Ashok Bhushan, JJ held that considering the fact that the process of sub-letting, the landlord is kept out of the scene and that the payment of rent or monetary consideration may have been made secretly, the law does… Read More

Judgements Update

Dishonour of cheque – Security cheque – Merely because cheque is issued as a security is no ground to exonerate the penal liability. (2017(3) Civil Court Cases 407 (Allahabad)  Domestic Violence – Magistrate on being satisfied that domestic violence has taken place can remove the spouse from the shared household. (2017(3) Criminal Court Cases 430… Read More

New guidelines on the settlement of non-compoundable offence : SC

At the end of the discussion the Court issued the following guidelines (I) Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has… Read More

Judgemenet Updates

Attempt to murder – Running tractor over legs of injured – Intention or knowledge to cause death cannot be inferred. (2017(3) Criminal Court Cases 554 (Raj.)  Domestic Violence – Counter claim – Can be filed by defendant in a suit before Small Causes Court. (2017(3) Criminal Court Cases 575 (S.C.)  Maintenance – Default in payment… Read More

Legal Updates

Striking off plaint – Filing of successive suit, suppressing filing of earlier suit and grant of interim injunction – Amounts to gross abuse of process of Court – Plaint of second suit struck off. Civil Procedure Code, 1908, O.6.R.16 — Striking off plaint – Abuse of process of Court – Filing of successive suit, suppressing filing… Read More

Different Types of Injunctions in Indian Law

In junction is defined as a court order in which an individual is asked to perform a particular act. It is also a writ which will be framed under certain circumstances of the case.   Preliminary Injunction A preliminary injunction is a remedy that will be invoked for preserving the subject matter in the existing… Read More

Not only men, but women can also be prosecuted under the Protection of Women against Domestic Violence (DV) Act

 The Supreme Court has struck down the words “adult male” from the pertinent provision in the DV Act to lay down that a woman can also file a complaint against another woman, accusing her of domestic violence. Under Section 2(q) of the 2005 Act, a complaint can be made only against an “adult male person”,… Read More

Legal Updates

Agreement to sell – Non execution of sale deed inspite of receiving entire sale amount – Vendor left their place of residence without leaving their addresses and shut off their mobiles – Allegations not of civil nature – Petition for quashing dismissed. (2017(3) Criminal Court Cases 417 (M.P.)  Divorce – Exemption to file divorce petition… Read More

RIGHTS OF THE ACCUSED PERSONS

1. Protection against arbitrary or unlawful arrest (Article 22 of the Constitution and Section 41, 55 and 151 of Cr.P.C.) 2. Protection against arbitrary or unlawful searches (Sees. 93, 94, 97, 100(4) to (8). and 165 of Cr.P.C.) 3. Protection against “Double Jeopardy” (Article 20(2) of the Constitution and Section 300 of Cr.P.C.) 4. Protection… Read More

Legal Updates

Decree of divorce by mutual consent obtained by producing a lady other than wife – Anticipatory bail refused to husband. (2017(3) Criminal Court Cases 345 (P&H)  Domestic Violence – Interim custody of child – Court can pass order granting temporary custody of child – However, Act is not a final remedy for custody and guardianship… Read More

TRIPLE TALAQ ILLEGAL

  Summary of Supreme Court Judgement The practice of Triple Talaq was going on for many years In India and it was incorporated in Muslim  Personal Law (Shariat) Application Act, 1937. The main reason why triple talaq was challenged in Hon’ble Supreme Court was that the practice of triple talaq was arbiter in nature as it… Read More

Legal Updates

    Ad interim injunction – Police aid – Cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order. (2017(3) Civil Court Cases 418 (Hyderabad) Dishonour of cheque – Managing Director or Joint Managing Director – In charge and responsible – Specific averment not required… Read More

Legal Updates

Adverse possession – Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner. (2017(2) Apex Court Judgments 634 (S.C.) Dishonour of cheque – Managing Director or Joint Managing Director – In charge and responsible – Specific averment not required… Read More

DIFFERENCE BETWEEN PAROLE, PROBATION, AND BAIL

Parole Parole is the release of the prisoner and will be a temporary release. It has certain conditions before the completion of the maximum sentence period. This term is associated at the time of Middle Ages with the release of prisoners who had given their word. It refers to the period of time after a… Read More

Understand Domestic Violence Act Better-Read This

The Domestic violence act is a very powerful act and often misused, many orders like maintenance, residence, custody,protection, compensation orders can be passed by the magistrate under the act and it is a quasi criminal procedures as adopted under the act, though act is for protection of women from domestic violence, here are the some… Read More

Essentials of a good contract-A Checklist

A contract is an essential part of any business dealings , thus giving a formal shape to any deal or transaction in the business world. Without contract nothing stands enforceable as per the law which means the diminishing trust factors among the business partners and other stakeholder and thereby making the business environment unstable. A badly… Read More

Cheque as a security and Offence under NI 138

Security cheques are the cheques only like any other cheques and they create  same liability to discharge as if they are the ordinary cheques and attract the provisions of NI 138 when they are dishonored. What is important is to show under which circumstances the cheque was issued, and in order an offence under section… Read More

Here are some judgments which deals with No Maintenance to professionally working wife

If both husband and wife equally qualified “no law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and… Read More

Maintainence/Interim Maintainence to wife calculation Judgements

Interim maintenance/maintenance to wife Here are some of the Judgments which help in assess the interim maintenance/maintenance to wife and how courts devise the amount.   Revision vs By Advs.Sri.C.P.Peethambaran  There is nothing to show that the wife has any job or income of her own. Though the husband made such a contention that she… Read More

LAW OF LIMITATION PRINCIPLES AND LANDMARK JUDGMENT ON CONDONATION OF DELAY

The ‘Law of Limitation’ prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. The suit, if filed after the exploration of time-limit, is struck by the law of limitation. It’s basically meant to protect the long and established user and to indirectly punish persons who… Read More

Legal Updates

Divorce – Repeated threats of committing suicide by wife by pouring kerosene oil on her by putting blame on husband – Amounts to cruelty. (2017(3) Civil Court Cases 131 (Madras) Domestic Violence – Grant of maintenance – Appeal against – Condition to pay 50% of maintenance – Cannot be imposed. (2017(2) Criminal Court Cases 763… Read More

Jaypee Infratech Insolvent-Here what you can do to recover money?

What is Insolvency? Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency. Once a bank files a petition under the Insolvency code in the NCLT. The… Read More

Legal Updates

Abetment of suicide – Finding of harassment – Harassment is a lesser degree of cruelty – Finding of harassment does not lead to conclusion that there is `abetment of suicide’ in absence of proof that accused subjected the victim to cruelty – In the instant case said vital link missing – Accused acquitted. (2017(2) APEX… Read More

IMPORTANT DECISIONS

 Availability of alternative remedy – Not a ground to disentitle the relief u/s 482 Cr.P.C. (2017(1) APEX COURT J 552 (S.C.)  Contraband – Recovery from bag – Personal search of accused also carried out – S.50 of NDPS Act applies. (2017(2) Criminal Court Cases 693 (H.P.)  Memorandum/letter acknowledging deposit of title deeds – Registration is… Read More

Legal Updates

Arbitrator – Agreement coming to an end by mutual consent – Arbitration clause does not get perished nor is rendered inoperative. (2017(2) APEX COURT J 297 (S.C.) Cruelty – Harassment is a lesser degree than cruelty. (2017(2) APEX COURT J 513 (S.C.) Evidence – Recording through video conferencing – Wherever such facility is available, it… Read More

Builder Laible to Pay for Delay in Getting Occupancy Certificate

It is common for builders to allow purchasers to occupy flats without obtaining the occupancy certificate, but they protect themselves by obtaining a declaration that possession is for fit-out. This is illegal. If possession is delayed, the flat purchaser is entitled to compensation. The question is whether delay is to be considered till the date when… Read More

Transfer Petition Supreme Court Recent trend

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below. 17. We are thus of the view that… Read More

Legal Updates

*Ad interim injunction – Cannot be passed against unknown persons. (2017(3) Civil Court Cases 573 (Delhi)* *Ad interim injunction – Police aid – Cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order. (2017(3) Civil Court Cases 418 (Hyderabad)*   *Adverse possession – Plea available… Read More

Legal Updates

Breach of contract – In absence of a concluded contract between parties, claim of damages is not maintainable. (2017(3) Civil Court Cases 150 (S.C.)  Counter claim – Amendment – Amendment sought is only an addition in the relief clause on the facts already pleaded in the counter claim – Amendment allowed. (2017(2) Civil Court Cases… Read More

Legal Updates

Arbitration – Further time sought to file written statement – Filing of such an application without reply to the allegations of plaint does not constitute first statement on substance of dispute. (2017(1) APEX COURT J 299 (S.C.) Domestic Violence – Interim maintenance – Magistrate is not bound to hear the opposite party. (2017(3) Criminal Court… Read More

Legal Updates

Agreement to sell – Specific performance – Plaint must contain all requirements of S.16(c) of Specific Relief Act read with requirements contained in Form Nos.47 and 48 of Appendix `A’ CPC. (2017(2) Civil Court Cases 368 (S.C.) Divorce – Cruelty – Merely filing of complaints is not cruelty, if there are justifiable reasons to file… Read More

IMPORTANT DECISIONS

Agreement to sell – Party when not ready and willing to perform whole of the contract, then specific performance with respect to part of contract cannot be ordered. (2017(3) Civil Court Cases 217 (S.C.)  Dishonour of cheque – Compromise – On failure to pay the agreed amount, within time granted, accused shall be proceeded with… Read More

IMPORTANT DECISIONS

 Adverse inference – Best evidence – Not produced – Adverse inference to be drawn. (2017(3) Criminal Court Cases 077 (Allahabad)  Dishonour of cheque – Compensation not paid and default sentence undergone – Compensation is still recoverable. (2017(3) Criminal Court Cases 150 (S.C.)  Execution – Objections – An erroneous decree cannot be equaled with one which… Read More

IMPORTANT DECISIONS

  *Agreement to sell – Failure to perform his part of contract by buyer – Forfeiture of earnest money rightly made – However, subsequent advance ordered to be refunded with 6% interest. (2017(3) Civil Court Cases 217 (S.C.)* *Dishonour of cheque – Compensation – Not paid – Default sentence undergone – Still compensation is recoverable.… Read More

LAWS APPLICABLE ON THE SEXUAL HARASSMENT AND WOMENS RIGHTS

Section 66A, Online Abuse and Offensive Messages Section 66A:- Section 66A of the IT Act describes, which penalised sending offensive messages through an online medium. The types of information these covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of… Read More

Legal Updates

  Agreement to sell – Plea that it was executed only as a security – Defendant thus disputed the entire transaction – Evidence in that regard can be led in view of S.92 of Evidence Act, to show real intention of parties behind said agreement. (2017(2) Civil Court Cases 328 (Bombay) Contraband – Bail –… Read More

GROUNDS FOR DIVORCE IN INDIA

Relationships have become complex in this modern world. Once ‘Marriage’ was said to be made in heaven had loss its purity. Nowadays love and mutual understanding are the main problem between modern couples. Studies shows that 42% of marriages end in divorce whereas 34% married couples get divorced before their 20th wedding anniversary. A married… Read More

Legal Updates

  Circumstantial evidence – Even when there is only major or star circumstance which points out to culpability of accused, it is sufficient to convict, when no other plausible explanation is forthcoming suggesting innocence of accused. (2017(2) Criminal Court Cases 479 (Kerala) Demarcation report – Once there is no objection to the demarcation report, same… Read More

APPREHENDING INFRINGEMENT OF TRADEMARK?

A lot number of cases are coming forward wherein the defendants in order to earn profits are infringing the goodwill or trademark of some well-established trademarks users. Now the question that comes for consideration is whether the owner of Original Mark will have to wait or take immediate action at the earliest to protect his… Read More

Validity of Foreign Divorce Decree

    A foreign Court is defined section 2(5) of CPC as a court situated outside India and not established or continued by the authority of the Central Government. And a Foreign Judgment means a judgment of a foreign court. In other words, a foreign judgment section 2 (6) of the CPC means adjudication by… Read More

Apprehending Look-Out-Circular or Red Corner Notice?

 LOC document has standard proforma which gives identification parameters of criminals (i.e. Photo, passport no, name, father name, address, nationality, etc). More importantly it contains instructions what immigration authorities should do when accused has been stopped/ detained at airport (i.e. typically call person who has requested for it (DCP/SP) or make the arrest). Hon’ble Justice… Read More

RELEVANT CONSIDERATIONS FOR GRANTING BAIL

  (a) While granting bail the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations. (b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there… Read More

Judgments Update

           State Vs. Azam @Rihan in Crl.L.P.No. 576 of 2016 has held that the victim is the best witness to depose the factum of rape and by whom it was committed and same has to be given utmost importance.  Moving forward the Court has held that “In order to establish a… Read More

156(3) of Cr PC-When police does not register FIR

The Power of The Magistrate Under Section 156 (3) of Cr.P.C The information under section 154 of Cr.P.C is generally known as FIR, It is pertinent to see that the word ” first” is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is… Read More

Aggrieved Fathers?

  A lot number of cases are coming forward wherein the mothers under the pretext of going to their parental house along with their children, then decide not to come back to their Matrimonial home and file criminal as well as civil cases at their native place and the aggrieved fathers are denied the custody… Read More

Medical Negligence consumer forums Judgments

Medical Negligence How to prove Here are some Medical Negligence consumer forums Judgements V. Krishnakumar vs State Of Tamil Nadu &Ors. One thing is clear about the disease, and this was not contested by the learned counsel for the respondents, that the disease occurs in infants who are prematurely born and who have been administered… Read More

Why your startup E-commerce/Service site needs a Privacy Policy,User Agreement, Terms and conditions.

If you are a startup or an E-commerce company providing a services rendered by third parties then this is an important article for you- Ever wondered why you need a privacy agreement, user agreement or third party agreement on your website, some of the think its such a waste to have them on their website… Read More

Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

Harsh Vardhan Arora v. Smt Kavita Arora, 2002 MLR 528= 2002(2) RCR (Cr) 499 (Pb & Har.) The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would… Read More

Detention order quashed!!!!!!!!

The Government can pass the detention order in PITNDPS, COPEFOSA etc on the basis of the secret information received and with the recorded reasons. But the detenu will have the opportunity to quash the said order. The grounds on which the order has been quashed are as follows: There can be no addition to the… Read More

‘Preventive Detention’ or ‘Punitive Detention’?

Invariably preventive detention laws provide that detention order may be executed at any place in India in any manner provided for the execution of warrants of arrest under the Cr. P.C.  Further Article 22 of the Constitution is the relevant provision in this regard for arrest of a person which provides as under:- “22. Protection… Read More

Is it a reasonable belief?

  Though this term is not referred in our legal system as much as the word intention or the knowledge is being referred. But this term is of great significance and plays an important role in respect of the offences wherein the officers of income tax or enforcement directorate open the assessment or confiscate the… Read More

Bail in NDPS ACT…..

Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail  as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception.  The reason behind this opposite rule is because of the gravity and sensivity involved in those matters… Read More

Signature Genuine ?

A lot much number of cases are coming forward with the forged signatures and the complainants are waiting for end number of years to get justice. The complainants are running pillar to post to get their complaints registered not knowing that the police as well as courts are in not in favor of registering an… Read More

Legal Updates …..

Denying s*x to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce, Delhi High Court has said. The verdict came on a petition by a husband seeking divorce, complaining that his wife had subjected him to mental cruelty by not allowing him to have physical relations… Read More