Lawwatch

Encumbrance Certificate doesn’t show all liabilities

Encumbrance means what

The term encumbrance refers to the charge created on any property, particularly the immoveable property.

An Encumbrance Certificate (EC) discloses whether the property in question is free from any liability or is with liability such as a mortgage or an un-cleared loan. The certificate is issued by the Department of Registration. It contains all the transactions registered relating to a particular property for a period requested for. It will show the proper entitlement of the particular property.

Not to disclose 164 Statement during Investigation

Introduction

An accused or any other person is not entitled to get a certified copy of the deposition recorded under Section 164 CrPC (Criminal Procedure Code, 1973) during the stage of investigation in a rape case, even though the statement is a public document.

Plea Bargaining and its Procedures

What is plea bargaining?

Plea bargaining essentially is pre-trial negotiation (bargaining) between the accused and the prosecution. In plea bargaining, what really happens is that the accused pleads guilty in exchange of seeking some reduction in the charges or sentence.

Plea bargaining is in operation since 2006, by adding a Chapter XXI-A (Sections 265A to 265L) through an amendment in the Criminal Procedure Code, 1973 (CrPC).

The precise object of plea bargaining is to reduce the delay involved in criminal trial and to punish the accused with a lesser sentence when he pleads his guilt.

Elements of Murder under Indian Penal Code

Murder is the gravest form of culpable Homicide (punishable killing). It is the most serious crime having the highest punishment in the Indian Penal Code, 1860 (IPC). Murder is an act of a person who is causing death of another person. A crime has four elements: an offender, mens rea (guilty mind), actus reus (guilty act) and the victim.

The courts find it difficult to differentiate a case of murder from a case of Culpable Homicide not amounting to Murder because the descriptions in both are provided by using similar words or phrases.

Culpable Homicide v Murder under IPC

The crime of killing a human being by another human being is categorized as Culpable Homicide under Section 299 and as Murder under Section 300 of the Indian Penal Code (IPC). The Sections separate the most heinous killing from those which are less serious ones in nature.

Both of them are distinct offences. But the definition and description of both Culpable Homicide and Murder look almost similar in grammatic construction. Therefore making out the subtle distinction between them is quite difficult, even for a learned law professional. Capable Homicide is defined in the code. But neither the term Homicide nor Murder is defined, except by some explanations.

Lok Adalats & Legal Service Authorities

Lok Adalat means people’s court. It is an Alternate Dispute Redressal (ADR) mechanism periodically being conducted under the stipulations in the Legal Services Authorities Act, 1987.

The legal services authorities established under the act aims to provide free and competent legal services to the weaker section and to organize lok adalats to secure justice to such people in equal terms with others.

The Lok Adalat, being periodically conducted at different levels, settles disputes or cases pending in the court of law or at the pre-litigation stage, in a manner quite satisfying to both the parties.

Importance of Mens Rea in Criminal Cases

The term Mens rea is a crucial ingredient in any crime. It is a mental element of the doer of the crime. It refers to the guilty intention, knowledge or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea).

An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.

What is meant by Cause of Action in a Civil Suit?

What we term as cause of action is a bundle of facts which forms the ground for a civil suit. The plaintiff must have to prima facie convince the court as to the existence of the facts relating to cause of action for the court to proceed with the suit. Cause of action is the foundation of a suit. It is the pivot on which the issues of the suit revolves. The cause of action must have occurred prior to the institution of the suit. The cause of action is the basis of filing the suit.

Ordering police assistance by the civil court

Police assistance by civil courts

No specific provision is provided in the Civil Procedure Code, 1973 (CPC) for enabling a civil court to order police assistance to a party to a case. But the civil court can direct the police to give assistance in implementing its own orders.

In giving such directions the court can invoke its inherent powers under Section 151 of the CPC ( Moidu v Parth Sarathy & others : 1991 KHC 19).

Challenge between the legal heir & the nominee regarding the deposit of the deceased

Who is the legitimate claimant when the bank deposit/insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other?

The laws have no specific provision to differentiate between legitimacy of a nominee and a legal heir in receiving the deposit/insurance amount of the deceased person. But a few case laws shed light on the issue. This issue, which led to inconsistent decisions by different courts in the yester years, seems to be reasonably well settled right now.