Magistrate has given a final direction in a 156(3) Cr.P.C. petition, but the police haven't registered an FIR? Then you need to read the directions more clearly, because there is a fundamental flaw in certain orders made in petitions filed u/s 156(3) Cr.P.C. Read this article to know more!
Supreme Court's view on whether children born out of void or voidable marriages can claim the self-acquired/ ancestral property of the parent - discussed in detail.
As per Section 23(1) of the Senior Citizens Act, where a senior citizen transfers a property to another person, subject to the condition that the transferee shall provide the basic amenities and basic physical needs, and when such person refuses or fails to provide such amenities and physical needs, ...
The 2 most common offences registered under the SC/ST Act are those u/s 3(r) and 3(s) of the Act. The meaning of the words "in any place within public view" is discussed in this article, and the associated video.
Recent Supreme Court judgment on cancellation of bail analyzed. Hon'ble SC has held that the same Court that granted bail can cancel bail even if no conditions are contravened.
What legal point you must know about the Pune car accident - juvenile granted bail case. Read this article to know how a juvenile may be denied bail in select circumstances for the purpose of securing the ends of justice.
The recent trend is such that the POCSO Act, 2012, is being used by either party, usually the wife, to a marriage, to influence maintenance/ custody proceedings pending before a Family Court. This could be done with the aim of influencing the husband into accepting a settlement as per the ...
Andhra Pradesh, Tamil Nadu, Maharashtra, Karnataka Amendment to Hindu Succession Act vs 2005 Central Amendment to Hindu Succession Act - How to interpret and apply the provisions keeping in mind the amendments - Relevant Citation from Madras High Court.
This article discusses the 2 different interpretations made by the Courts with respect to Section 23(1) of the Senior Citizens Act, 2007. Interpretation of provisions is an art, and here is one of many examples that will make us love it!
Can you claim temporary injunction in suit for specific performance of a contract not enforceable as per Specific Relief Act, 1963? Interesting interpretation and interplay between Ss. 41(e), S. 37(1), 10, 11(2), 14, 16 of the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908
What is one of the common mistakes in criminal side petitions? This article explores one of the common mistakes seen in drafting criminal side petitions, where the term, "informant" is not used, but in it's place, the term "de-facto complainant" is being used.
Can bail in bailable offences be cancelled? Which Court can cancel bail in bailable offences? Which Cr.P.C.,1973, provisions can be invoked to cancel bail in bailable offences?
Can you skip the mandate of having to file 156(3) Cr.P.C. petitions for a direction to register FIR, by directly approaching the High Court? If yes, in what circumstances?
Did you know that there are 3 different laws each of which have provisions governing custody of children when it comes to Hindus? Read this article to know more!
Have you noticed that in every bail judgment from the Madras High Court or from any Sessions Court in Tamil Nadu, there is a specific paragraph added incase bail is granted. Such a paragraph specifies that incase the accused violates any conditions mentioned in the bail order, the Magistrate shall ...
Once the Supreme Court settled that a High Court exercising it's inherent jurisdiction cannot quash a First Information Report if the ingredients of an offence are made out from the contents of the First Information Report, many informants, usually guided by their counsels, try to register FIRs by cleverly drafting ...
If you are approaching to police to register an FIR today (on or after 01.07.2024), you must be knowing the following details at the time of registration of FIR.
BNSS VS CRPC - FIR and Trial related issue you must know - Here is an expected misinterpretation of the BNSS, which will soon be explained by the other High Courts and the Hon'ble Supreme Court. This one is from the Rajasthan High Court in the case of Krishna Joshi ...
A brief answer to the question of whether the 2009 Amendment to the Employees Compensation Act, 1923, introduced a provision u/s 4(1B) to provide the Central Govt. with the power to fix cap on maximum amount awardable as compensation irrespective of whether the salary was higher at the time of ...