Dissolving of Marriage by invoking jurisdiction Art. 142 while waving of 6 months Statutory Period.

Dissolving of Marriage by invoking jurisdiction Art. 142 while waving of 6 months Statutory Period. NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4490 OF…

SARFAESI Writ Maintainable- Judgments

SARFAESI Writ maintainable under article 226 & 227 of the constitution of India. If a High Court is tasked with being the final recourse to upholding the rule of law within its territorial jurisdiction, it must necessarily have the power to examine any case before it and make a determination of whether or not its writ jurisdiction is engaged

Supreme Court tells WhatsApp to give undertaking on data privacy

A three-judge bench headed by Chief Justice of India (CJI) SA Bobde said, "People have grave concern about loss of privacy."

Adult couple- runaway couple-Marriage not required for protection of life and liberty. Live in Relationship not an offence.

It has been settled by the Hon’ble Apex Court as well as Hon’ble High Courts including Punjab & Haryana High Court at Chandigarh, that for seeking protection of life and…

Basic Structure of Constitution of India/Basic Structure Doctrine.

Basic Structure of Constitution: The phrase ‘basic structure’ itself is no where mentioned in the Constitution. The Supreme Court recognized this concept for the first time in the historic Kesavananda…

Mischief: Section 425 IPC, Bail, Quashing

Section 425 IPC : Mischief Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Latest Law on Quashing of FIR 2020

What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice

Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India

Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.

Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh

Court Marriage Procedure and List of All Documents Required. Court Marriage in Chandigarh, Matrimonial Lawyer in Chandigarh, One of the best Law Firm in Chandigarh

Guidelines on Maintenance u/s 125 CrPC laid down by Supreme Court and ensures uniformity

Guidelines on Maintenance laid down by Supreme Court. The right to claim maintenance under all enactments, including those under Section 125 of the CrPC, must date back to filing of…

Is Foreign Divorce valid in India ?

Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country

Special Power of Attorney and Sale of Property

What is Special Power of Attorney? There may be many circumstances in a person’s life who owns assets, properties, bank accounts, etc. but who at that moment may not be…

Death in police custody – No quashing of FIR against former Director General of Police of Punjab Police and transfer of his case to CBI.

PUNJAB AND HARYANA HIGH COURT Before :- Fateh Deep Singh, J. CWP No.12186 of 2020 (O&M). D/d. 08.09.2020. Sumedh Singh Saini – Petitioner Versus State of Punjab and others –…

Further Investigation – Where the constitutional court is satisfied that the investigation is not conducted in a proper manner a fresh investigation with the help of an independent agency can be considered to secure the ends of justice – Power may also be exercised if investigation has been done to help someone escape the clutches of the law.

SUPREME COURT OF INDIA Before :- R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. Writ Petition (Crl.) No.141 of 2020. D/d. 16.9.2020. Neetu Kumar Nagaich – Petitioners Versus The State…

Redemption of Property: Release of property to borrower: SARFAESI

Redemption of Property: Release of property to borrower: SARFAESI: Constitution of India, 1950 Article 226 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 13 (8) Redemption…

302 IPC converted to 304 part II IPC. Husband killed his wife finding her in compromising position with stranger, sentenced to 5 year R.I.

302 IPC converted to 304 part II IPC.

Conviction – Recovery of 20 kgs ‘charas’ – Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit – Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away – Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway – Conviction reversed

Conviction - Recovery of 20 kgs 'charas' - Narcotic powder/charas seized from possession of accused never produced before trial Court as material exhibit - Seizure panchnama not drawn at the spot where contraband recovered from car but drawn at Shamlaji Circuit House 12 km. Away - Private Car not a public conveyance, hence, search of private Car requires search-warrant even if search carried out on highway - Conviction reversed 

Death case – Enhancement sought – Multiplier of 17 applied – Rs.70,000/- awarded under the conventional heads – Loss of income comes to Rs. 21,21,804/– Impugned amount of compensation enhanced upto Rs. 21,91,804/- Along with interest @ 7.5% p.a. .

Death Case Enhancement

Preventive detention – Activities of detenu were harmful to maintenance of public order – Non-application of mind in passing detention order – Order set aside.

BOMBAY HIGH COURT (DB) Before:- S.S. Shinde and N.B. Suryawanshi, JJ. Criminal Writ Petition No. 5396 Of 2019. D/d. 19.12.2019. Ramalu Kankayya Bhandari – Petitioner Versus The Commissioner of Police,…

Pensionary benefits – Time granted for exercising option for counting of work charge service towareds qualifying service for purpose of revised pensionary benefits not mandatory – Duty of department to circulate and dispatch all circulars to each of retiree, which are of benefit.

PUNJAB AND HARYANA HIGH COURT Before:- Nirmaljit Kaur, J. CWP No.1564 of 2016. D/d. 10.02.2020. Karambir Singh – Petitioner Versus Managing Director, UHBVNL and another – Respondents For the Petitioner…

Law of Bail

Law of Bail: Anticipatory Bail, Regular Bail, Bailable offence, Non Bailable Offence, Cognizable & non cognizable office, Discretion, Default bail, Section 167(2) Crpc, Computation of period, case laws, gravity of offence, Cancellation of bail, Bail under NDPS, Bail to juveniles

Section 24(2) land acquisition Compensation, Right to Fair Compensation Act, 2013, clarified by Hon’ble Supreme Court of India.

section 24(2) land acquisition Compensation, Right to Fair Compensation Act, 2013, clarified by Hon’ble Supreme Court of India.

Law on section 498A IPC, Misuse of 498A IPC, Supreme Court of India

Law on section 498A IPC by Supreme Court of India, Prevention of misuse of 498A IPC, Directions to the police, Arrest under section 498A IPC

Know your rights

Guidelines issued by Hon’ble Supreme Court of India in the case titled as “D.K. Basu Vs. State of West Bengal”. All arrested persons have rights and no one can be mistreated in police custody. The Supreme Court of India has issued guidelines that the police must follow in all cases of arrest and detention. It is important for all arrested persons to know these guidelines, to know their rights and the police’s duties toward them. These guidelines are mandatory to be followed by Police and if they are not followed, action can be taken against the police officials.

Startup India: Its eligibility & Benefits.

What is a Startup? In the year 2016, the govt. of India launched the Startup India initiative with a motive to support entrepreneurs, create a ecosystem of creating jobs rather than…

RBI grant permission to banks to restructure retail loans

Though the Reserve Bank of India (RBI) did not extend the moratorium in its monetary policy review on Thursday, it allowed banks to restructure the loans of borrowers who are…

Police refused to register FIR, what should you do? What remedies you have with you?

Section 154 of The Code of Criminal Procedure Code It deals with registration of First Information Report (though the Section does not use the word ‘First Information Report or FIR).…