Legal Validity of Plain Paper Agreements

Posted 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

Posted inCode of Criminal Procedures (CrPC)
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).

Recall of Witness Under Sections 311 CrPC & 165 IEA

Posted inCode of Criminal Procedures (CrPC), Indian Evidence Act
The Judge has unfettered authority to summon any material witness, or examine any person attending the court, though he is not summoned as a witness, or recall or re-examine any person already examined, if his evidence appears to be essential to the just decision of the case, under Section 311 of the Criminal Procedure Code (CrPC).

Phone Tapping in India: Its Legal Provisions

Posted inCode of Criminal Procedures (CrPC), Family, Marriage & Divorce
Telephone tapping or wiretapping is the monitoring of telephone and Internet-based conversations by a third party, often by covert or illegal means. Legal wiretapping by a government agency is called lawful interception. Lawful interception, which is being done by government agencies for security purposes, is strictly controlled to ensure privacy.

Law on Co-owner selling his Undivided Share

Posted inCode of Civil Procedure 1908 CPC, 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.

Legality of a Person’s Will in regard to his Dead Body

Posted inWill & Related Matters
Dead men are no longer persons in the eye of the law. They are devoid of much rights and no sort of liabilities. They no longer remain as the owners of their property even till their successors enter upon to take care of their inheritance. They have inheritable and uninheritable rights. Personal rights are uninheritable and they are wholly extinguished by his death. Proprietary rights on the other hand are usually inheritable. The successors step in as owners of his property at the moment he dies.

Termination for hiding facts during Selection

Posted inCode of Civil Procedure 1908 CPC, Constitutional law
In  Avtar Singh v Union of India & Ors delivered on 21 July, 2016, a three-judge bench of the Supreme Court (SC) considered various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. In the judgement the SC resolved the conflict of opinion in the various earlier decisions of its Division Benches and arrived at some guidelines in deciding such issues.