Attestation unnecessary for many Instruments

30 October 2021Posted inCivil law, Evidence law
Every instrument under the law in India does not require attestation. Even if it is attested the court may not be conducting the examination of them unless the document is required to be attested as per law. However, attestation of the instrument and consequent examination of the attesting witnesses as part of proving it are essential requirements in instrument such as a Will when law prescribes so.

Legal Validity of Plain Paper Agreements

26 October 2021Posted inProperty & Succession
The essential conditions of a valid contract are informed consent, consideration and lawful object and such agreements are enforceable under the Indian Contract Act, 1872. Even oral agreements are valid in India, as per the act. The Contract Act does not make stamping of agreements compulsory. It does not make an unstamped agreement/contract thereby invalid or unenforceable. Therefore, an agreement does not require mandatory stamping to make it a legal and valid instrument.

Continuation of a Criminal Case when the Complainant dies

25 October 2021Posted inCriminal law
When a complainant dies, the Magistrate cannot proceed with the case merely on the ground that the pleader, appointed by the deceased-complainant, is present in the court to continue the proceedings. In such a scenario, his pleader retains no authority and cannot, therefore, be allowed to continue to proceed with the complaint in the capacity of the pleader of the deceased-complainant. Therefore, he cannot be allowed to represent the complaint, under Section 256(2) of the Criminal Procedure Code (CrPC).

Law on Co-owner selling his Undivided Share

22 October 2021Posted inCivil law, Property & Succession
A co-owner in a joint property can sell his undivided share of property to anyone. But he cannot sell the specific piece of land with marked boundaries from the joint property. A selling of a share of property by co-owner in essence means the buyer steps into the shoes of his seller. The buyer is clothed with all the rights and liabilities of his transferor. So, the buyer becomes as much a co-owner as his transferor was before the property transfer.

Accused can get the Documents not part of the Charge Sheet

6 October 2021Posted inCriminal law
The documents which are not part of the charge sheet, but seized by the investigating agency during the investigation of the offence, cannot be withheld by the prosecution merely on the ground that the documents sought to be summoned are not part of the charge sheet, the Gujarat High Court held in a revision application in Sanjiv Rajendra Bhat v State of Gujarat.