When documents obtained under right to information can be treated as a public document?

In view of the above analysis, the xerox copy certified by the designated Public Information Officer under Right to Information Act of the private documents are not certified copies within the meaning of the provisions of Section 65 of the Evidence Act. They are merely true copies of the private documents available in the records … Read more

What is Zero FIR?

Zero FIR is an FIR that can be lodged regarding a cognizable offense irrespective of the place of crime and jurisdiction of the police station. After recording of Zero FIR, the case is allotted to the police station with the jurisdiction of the case, and thereafter that concerned Police station investigates the case. Any police … 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

Whether the court should dismiss a complaint for the dishonour of cheque if cheque amount is more than amount due?

However, the learned Trial Court found contradiction in the number of cartons in the complaint as well as in the statement of the appellant. It was found that the cheque amount is more than the amount allegedly due on the date when cheque was presented, therefore, the complaint was dismissed. It held that there are … Read more

When sons are not entitled to get partition of property standing in name of mother?

In view of the above submissions made on either side, the only question that has to be decided in this appeal is whether the suit C to E schedule properties could be considered as joint family properties to seek for partition by the plaintiffs? It is the case of the plaintiffs that the suit C … Read more