Continuation of a Criminal Case when the Complainant dies

Posted inCriminal Laws & Procedures
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).

Phone Tapping in India: Its Legal Provisions

Posted inCriminal Laws & Procedures, 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 inCivil Cases & Proceedures, 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.

Suit against Public Nuisance u/s 91 CPC

Posted inCivil Cases & Proceedures
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

Posted inCivil Cases & Proceedures, 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.