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?

 📚  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

Account Closed Cheque – Private Complaint under 200 CrPC – Madras High Court Order

Return ஆன காசோலையை வைத்து 420, 406, 417 IPC யில் இனிமேல் (private complaint) criminal case நீங்கள் போடலாம், 138 limitation தேவை படாது, மேலும் account closed என்று cheque return memo இருந்தால் போதும் direct ஆக criminal case போடலாம்,, உயர் நீதிமன்றம் உத்தரவு, பழைய return cheque 138 limitation முடிந்து விட்டது என்று வருந்த வேண்டாம், இந்த judgment ஐ பயன்படுத்தி கொள்ளவும்,

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

Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court

The Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed merely because it does not mention the date on which the demand notice was served upon the alleged defaulter/ drawer. “The complaint cannot be thrown at the threshold even if … 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

Strict proof of Marriage is not required in proceeding U/S 125 of CRPC – Supreme Court

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

Whether daughter is entitled to get share in ancestral property which was inherited by her mother?

Thus, under Subsection (2) of Section 3 of Hindu Women’s Right to Property Act, 1937 when a Hindu governed by any school of Hindu law other than Dayabhaga dies having at the time of his death interest in Hindu joint family property, his widow shall have the same right, widow shall have in the property … Read more