Family Settlement : Its legal Status

23 May 2021Posted inProperty & Succession
A family settlement is an agreement mutually worked out by a settler among his family or by family members among themselves as to how the common property should be distributed and hold separately in accordance with the agreement. It settles the division or distribution of common property that the family members already own as a common property. It can be used to dispose of a self-acquired property in consideration of marriage or for any charitable or religious purpose.

All about First Information Report (FIR)

23 May 2021Posted inCriminal law
The First Information Statement (FIS) or First Information Report (FIR) has not been defined in the Criminal Procedural Code, 1973 (CrPC). FIS is commonly understood as the information received by the police about commission of a crime and recorded under section 154(1) of the CrPC. In fact, it is the information of a crime reported to the police, first in point of time.  

Execution of a Decree under Order 21 of CPC

23 May 2021Posted inCivil law
The term execution of a decree refers to the process for enforcing or giving effect to the judgment, decree or order of the court. The execution is the mechanism though which the decree holder realises the fruits of the decree ordered by the court. It comes to a close when the decree holder gets the relief awarded to him by the court. The decree holder is the person in whose favour a decree has been passed, and the judgment debtor is the person against whom a decree has been passed.

Discharge of an Accused u/s 227 CrPC

22 May 2021Posted inCriminal law
The usual procedure in a criminal case is that if the police investigation shows there is a prima facie criminal offence against the accused, then a Final Police Report (Charge Sheet/Challan) is filed. The accused is then subjected to the next stage of framing of charges against him, by the court. However, the court can discharge the accused person before it frames the charges against him, if no offence is prima facie made out.

Defamation in Indian Criminal Law

22 May 2021Posted inCivil law, Criminal law
Defamation, according to Section 499 of the Indian Penal Code (IPC), is making or publishing any imputation concerning any person to harm the reputation of such person. It can be in written, oral, sign, or graphical form. It must be made knowingly and believing that it will harm the reputation of the person against whom it is made.

Cruelty: A flourishing Ground for Divorce

22 May 2021Posted inFamily, Marriage & Divorce
Cruelty is an adequate ground for dissolving a marriage solemnized under a valid law, on a petition filed by either of the party in marriage. But what constitutes cruelty is not spelt out in law. This creates some confusion among the stakeholders of divorce petition and they bring in anything and everything under the sun as an instance of cruelty to get a quick divorce which the law has never envisaged at all.