In a drastic move, Madras High Court on has said that the Domestic Violence Cases are civil in nature, except for in cases where protection / interim order is breached by the accused, in cases where Sections 31 and 33 are in play. While dismissing close of 1000 of Crl. O.P filed before the High … Read more
Landmark Supreme Court Judgment on the right of a daughter in ancestral property as coparcener since her birth Resultantly, we answer the reference as under: (i) The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner … Read more
Although ‘Stridhan’ and ‘Dowry’ are entirely different, they are generally misconceived to mean the same. Under Indian law, dowry means any property or valuable security that is given or agreed to be given by the bride’s side to the bridegroom’s family before, after or during the time of marriage. The main difference between ‘dowry’ and … Read more
The Supreme Court has held that insult or intimidation of an SC-ST person within the four walls of the building, is not an offence under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The supreme court order can be downloaded using the below link.
From the perusal of the above provision, it is clear that the only requirement of the provision is that the original must be shown to have been lost. In the instant case, there is clear cut unchallenged evidence that the original is lost and the evidence has come from the person who was the custodian … Read more
At the outset, it is necessary to note a submission, of Mr. Sai Deepak, that Order VII Rule 10, and Section 10, of the CPC, were required to be read together. This submission deserves, in my opinion, to be rejected even at this stage. A bare reading of Section 10, and Order VII Rule 10, … Read more
Witnesses play a very important role in criminal cases. They help to clarify what happened by telling the judge or jury everything they know about an event. So the opposing counsel has got really important witness on the stand and it hurts your case, this blog post might prove useful to you. Now straight to … Read more
🔅 (S 105-117 OF TRANSFER OF PROPERTY ACT Definition( S.105) A lease of immovable property is a transfer of a right to enjoy such property for a certain time,or in perpetuity,in consideration of price paid or promised or money,a share of crop, service or any other thing of value to be rendered periodically or on … Read more
The share of the daughter is 1/2 when there is no son;with the son,she becomes residuary.
Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings Under Section 125 Code of Criminal Procedure, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. In Dwarika Prasad Satpathy v. Bidyut Prava Dixit MANU/SC/0673/1999 : (1999) 7 SCC 675, this Court held … Read more