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.

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.

Succession, Legal Heirship & related Certificates

24 May 2021Posted inProperty & Succession
Legal Heirship Certificate (LHC), Succession Certificate (SC) and Letters of Administration (LoA) have close relation. They serve a common purpose – they are being used for devolution of some rights on the property of a person died intestate, to their legal descendants.   The above said certificates, because of their misleading names, create some confusion in the minds of not only ordinary people but also some learned lawyers also. This write-up intends to bring in some clarity in regard to the basic nature of those certificates governing inheritance and succession.