Cancellation of registration in fraudulent transactions: MHC comments

The Court has mooted the introduction of a quasi-judicial appellate tribunal which would have the final say in disputes concerning such transactions. The Madras High Court on Friday clarified the legal position when it comes to the cancellation of registration of fraudulent transactions, including fraudulent transfer of property (S Kanniammal @ Mangai v. State of … Read more

What are the powers of the court or police about the search and seizure of a smartphone, computer, server or any other electronic item or equipment?

 ðŸ“š  9. ANSWER POINT No.1: Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account?  The Investigating Officer, during the course of an investigation, could always issue any direction and/or make a request to the accused or other persons connected with … Read more

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings: Madras High Court

Article 227 is “forum-neutral”, which makes no distinction between civil court and criminal court. The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding … Read more

Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

“The importance of private amicable negotiation between the parties cannot be understated’ The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees. The participants in private settlements will be entitled … Read more

SC: Right of daughter in ancestral property as coparcener since her birth

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

What is the difference between stridhan and dowry?

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