Lawwatch

Sale of Property in Execution of a Decree

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property.

The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

How to deal with Noise Pollution?

Citizens have the right to a pollution-free environment

The citizen has the right to enjoy life in its entirety along with every permissible pleasure associated with it. The Article 21 of the Constitution offers every citizen a right to a decent environment, to live peacefully, to sleep well at night and to have leisure along with many other concomitant rights. Therefore anyone who wishes to live in peace, comfort and quietness within his house has every right to be protected from excessive sound or noise pollution.

On the other hand, no one got endowed with any right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to others living within the precincts beyond his boundary. Any noise which interferes with the normal life of anyone is nuisance.

Dying declaration under the Evidence Act

What is a dying declaration?

Dying declaration is a written or verbal statement made by a person, when he is facing imminent death, as to the cause of his death or any circumstances which resulted in his death. The declaration must be as to the cause of the declarant’s death or as to any of the circumstances of the transaction which resulted in his death.

The declaration is admissible when the cause of the death of the person who declares is directly in issue and both the declaration and the death have some proximate relation. Before a dying declaration is admitted it must be proved that its maker is dead. If the maker survives after the possibility of imminent death, his statement is not a dying declaration.

Confession under the Indian Evidence Act

Confession means

Confession, in fact, is a statement by an accused suggesting that he committed the crime charged against him. A statement must contain specific admission of guilt or all the facts which constitute the crime in order it to be considered as a confession.

Husband's right to get Maintenance from his Wife

A deserving husband of a woman married under the Hindu Marriage Act,
1955 has every right to get maintenance. But no other law of similar
kind provides for a husband to get maintenance from his wife.

The term ‘maintenance’ includes a wide range of things for living such
as food, clothes, residence and the things necessary for the comfort and
status in which the person is expected to live.

Need for Strengthening Subordinate Judiciary

Strengthening subordinate judiciary – consisting of district and below level courts – is a much needed but grossly neglected reform. It has the potential to address the ever increasing problems of backlog and delay in justice dispensation and make the judiciary far more productive. A well functioning judiciary is a sine-qua-non for sustainable economic growth, investor confidence building and the overall human well being.

An Overview of Part III of the Indian Evidence Act

Introduction

Which of the contesting parties should provide evidence in a judicial
proceeding is determined on the basis of some judicial principles that
are laid down in the Indian Evidence Act. This write up is exclusively
about such principles included in Part III of Indian Evidence Act.

Certificate under 65B of the Evidence Act in a Nutshell

What the Section 65B states

The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the
information contained in an electronic record which is printed or
copied as computer output would be treated as a document without
further proof or production of the original, if the output satisfies
some stipulations stated below.

Making a Confession or Statement under 164 CrPC

Magistrate can record confession or statement

Any Metropolitan Magistrate or Judicial Magistrate, not even having
jurisdiction in the case, has the authority to record a confession or
statement made to him by a person, in the course of an investigation or
after it, but invariably prior to the inquiry or trial. This is provided
for under Section 164 of the Criminal Procedure Code, 1973 ( CrPC).

The Section allows recording of both confessions and other
non-confessional statements. It provides a special provision to record
confessions when they are made freely and voluntarily but not under any
pressure or influence. A confession so recorded is more of substantive
nature than a non-confessional statement. The mode of recording
confessions is different from that of statements.

Any confession or statement made before the Magistrate under Section 164
CrPC may be recorded by audio-video means in the presence of the
advocate of the accused person.

Need for an All India Judicial Service (AIJS) to Revitalise Indian Judiciary

Introduction

No other reform is as important as establishing an All India Judicial
Service (AIJS) in revitalising Indian judiciary. But the proposal for
setting up an AIJS, in the lines of Indian Civil Service, is hanging
fire for more than five decades despite there were several proposals and
decisions including that of the apex court, in its favour. It is quite
curious that a key judicial reform of such a magnitude remains wholly
neglected at a time when more than 5000 judicial posts are lying vacant
and as many as 2.3 crore cases are pending in the country. There is
widespread hope that AIJS can deal with great many ills Indian judiciary
face right now and revitalize it into a far more vibrant constituent of
Indian governance and democracy.