Trial in India for an Offence Committed Outside

18 November 2021Posted inCriminal law
The criminal courts in India can conduct trial against an Indian citizen for the offences he has committed outside India but the trial cannot commence without previous sanction of the Central Government under Section 3 and 4 of the Indian Penal Code, 1860 (IPC) and Section 188 of the Code of Criminal Procedure, 1973 (CrPC).

Suit against Public Nuisance u/s 91 CPC

17 November 2021Posted inCivil law
When a public nuisance or other wrongful act affecting or likely to affect the public occurs, two or more persons or the Advocate General can file a suit for a declaration and injunction or for such other appropriate relief in a civil court, after obtaining leave of the court, under Section 91 of the Civil Procedure Code, 1908 (CPC).

Termination for hiding facts during Selection

14 November 2021Posted inCivil law, 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.

Kerala Headload Workers Act not applicable to Domestic Purposes

9 November 2021Posted inCivil law
The Kerala Headload Workers Act is not applicable to engagement of a person by an individual for domestic purposes. It is applicable to engagement or employment of persons directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment, and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages.

Adoption in India: Its Laws & Procedures

7 November 2021Posted inFamily, Marriage & Divorce
Adoption is a legal process of giving and taking of child to a non-biological parent. It is a process that creates a parent - child relation between persons who are not related by blood. The purpose of adoption is to provide a child, who cannot be cared for by his biological parents, the care of a substitute family. The adoptive family of the child has the responsibility to provide him proper care and protection of a family. An adopted child is entitled to all privileges similar to that of a natural-born child, including the right to inherit, in the new family.

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.