Court Decisions– A Legal Awareness

MAN CAN’T CLAIM MARRIED SISTER’S PROPERTY: SUPREME COURT A property inherited by a woman from her husband cannot be claimed by her brother, the Supreme Court has said. The Bench referred to the provisions of the Hindu Succession Act. “Language used in Section 15 clearly specified that the property inherited from the husband and father-in-law …

ONLY SEPARATION NOT A GROUND FOR DIVORCE.

The Nagpur bench of Bombay High Court dismissed a husband’s petition seeking divorce from wife living separately for last 19 years stating that it was not sufficient ground for a divorce. Single judge bench of justice C.L. Pangarkar rejected the husband’s plea and said the petitioner “must first make out the ground for divorce,” just …

PROVISIONS OF SEARCH AND SEIZURE- CrPC,1973.

Police have power to do Search and Seizure of the articles relating to crimes. A procedure have to be followed for Search and Seizure and Warrant of arrest. It has been given from Section. 91 to 105 of Cr.P.C. It includes following  points :- Summons to produce—Section. 91 and 92; Search Warrant – Section. 93 …

PUBLIC TRANQUILITY Sections. 141 – 160

Chapter-VIII explains the provisions about the offences against the public tranquility. This Chapter contains Sections 141 to 160. The Unlawful Assembly, Rioting, Affray, etc., are the main offences. These offences are injurious to the public peace. For the development of a society, there must be peace in the society.  SECTION 142—BEING THE MEMBER OF UNLAWFUL …

Criminal Procedure Code,1973

MAINTENANCE OF WIVES, CHILDREN AND PARENTS—SECTION 125-128: As per this Section 125 of CrPC the persons capable of claiming maintenance are wife from husband, children from the parents, parents from the children. Persons from whom maintenance is claimed must be having sufficient means. Those persons must neglect or refuse to maintain the wife, children or …

DOMESTIC VIOLENCE,2005

DOMESTIC VIOLENCE Section 3 of Domestic Violence Act, 2005 –   Any act, omission or commission or conduct of the respondent shall amount to domestic violence in certain circumstances, these circumstances include causing physical abuse, sexual abuse, verbal and emotional or economic abuse. “physical abuse” includes causing bodily pain, harm or danger to life, limb …

THE TRANSFER OF PROPERTY ACT,1882.

THE TRANSFER OF PROPERTY ACT, 1882 INTRODUCTION – The Transfer of Property Act consists of 137 sections. Section 5 to 53.A deals with General Principles relating to conveyance of property. Section 54 to 137 deals with Specific Transfers. Prior to 1882, in Hindu and Mohammedan laws- Personal laws and local customs were used. For this …

Section 53- Punishments, Origin And Definition

WHAT IS PUNISHMENT? It is in fact, the suffering in person or property inflicted by the society on the offender who has been adjudged guilty of crime under the law. It is the retribution due for the violation of rules of the society, which are made for its preservation and peace and the infraction of …

PLEADINGS, KINDS OF PLEADINGS

Pleadings, Kinds Of Pleadings, And Object Of Pleading. INTRODUCTION:   Pleadings means requesting Something in Court of Law.The statement of Facts in writing, drawn up and filed in court by each party constitute “PLEADINGS”. ORDER 6 RULE 1 Of CPC – Says, “ Pleading means plaint or written statement.” ORDER 7 of CPC – speaks of Plaint …

STAGES IN THE COMMISSION OF OFFENCE. IPC,1860.

There are four stages in the commission of an offence:- INTENTION – Psychological fact or guilty intention. PREPARATION- Physical fact. ATTEMPT Commission PSYCHOLOGICAL FACT—Provable mainly by Circumstantial Evidence and Occasionally by Direct Evidence. PHYSICAL FACT—Provable by Direct Evidence otherwise by Circumstantial Evidence. 1.INTENTION— Intention is the plan or design formulated by the accused in his …

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