Promissory Note : Laws Governing it

31 May 2021Posted inCivil law, Negotiable Instruments
Promissory Note is a specific written promise to pay a debt. It is a negotiable instrument. In the instrument, one party (the maker) promises in writing to pay a specific sum of money to the other (the lender) either at a fixed future date or on demand by the lender or his/her orders. The Note is given against the amount of loan the promisor has received.

Dowry Death Cases u/s 304-B & 498A: Guidelines

29 May 2021Posted inCriminal law
The import of Section 304-B is quite different from 498A. They cannot be held to be mutually inclusive. They deal with two distinct offences. Cruelty is a common factor in both the sections. Under Section 304-B dowry death alone is punishable. Such a death should have occurred within seven years of marriage. In Section 498-A no such period is mentioned. If the case is established, there can be a conviction under both the sections.

Time limit for Filing Appeal against Divorce Decree

27 May 2021Posted inFamily, Marriage & Divorce
Divorced Hindu spouses, on getting a decree of divorce, can remarry: if the parties have no right to appeal as in the case of mutual consent divorce if the time for right of appeal has expired without the parties filing an appeal or if the court dismissed the appeal filed before it (Section 15 of the Hindu Marriage Act 1955 (HMA) Therefore a divorce decree holder, who is eager to marry another person as soon as possible, needs to know when the period for filing ends. One law says its 30 days but another law says it is 90 days. The Supreme Court in 2002 and many High Courts in later years directed the government of India to bring an end to this confusion but nothing has happened.

Quashing of FIR u/s 482 CrPC

24 May 2021Posted inCriminal law
The High Court has powers to quash any proceedings in exercise of its inherent powers when the complaint or even charge sheet does not disclose any offence or when the complaint was frivolous, vexatious or oppressive in nature. Even uncalled for remarks of judges can also be quashed under the Section. To quash a case it must be examined whether a criminal offence is constituted or not at the face of the allegation. Any frivolous, vexatious or oppressive proceeding can be quashed. The quashing of the complaint must be taken at the threshold before evidence is taken in support of the complaint.

Proving Public Documents in Indian Courts

24 May 2021Posted inEvidence law
Public document is a category of document or record, made as part of an official act enjoined upon a public officer, while acting as an officer of the sovereign authority, official bodies and tribunals, in legislature, judicial or executive branch of government in India, the commonwealth or a foreign country, under Section 74 of the IEA.

Sale of Property in Execution of a Decree

24 May 2021Posted inCivil law
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.

Need for Legalising Prostitution in India

24 May 2021Posted inCriminal law
Prostitution is a consensual sexual activity in exchange for remuneration between two consenting adults. It is not per se an offence in India. The police and the people in India at large think that prostitution, particularly the one involving exchange of money, is a criminal activity. They act upon any incidence of prostitution and the prostitute in accordance with their misunderstanding. This in effect causes different sorts of human right violation and unlawful aggression. In fact, prostitution is not a criminal offence in India.