This is a case digest on Chandigarh High Court FIR Quashing in case of a PO (Proclaimed Offender) wherein compromise was arrived between the parties. Moreover the offences listed were not of heinous nature. Thus Punjab Haryana High Court exercised its discretion under Section 482 of CRPC to quash the FIR in the interest of … Read more
This post is a case digest on Quashing of FIR under Section 188 IPC by Madras High Court where before registering of FIR mandatory compliance of Sec 195 CrPC should have been done. Since in this particular case, the compliance was not done and the complaint do not assert making of unlawful assembly, the present … Read more
Criminal Civil Rent Matters Appeal Revision Review Divorce NDPS Cheque Bounce (NI 138) 498A & 406 IPC, Dowry, Maintenance, Domestic Violence, Injunction Partition Declaration Suits related to Specific Relief Possession.(Right to Information) Commission, State Human Rights Commission, Right to Service Commission, Breach of Contract, Public Interest Litigation, Intellectual Property, NRI Legal Services related to Property, … Read more
Relationships are complicated so as marriages of today. Matrimonial Disputes are on an all-time high. One can file Divorce (Mutual Consent Divorce or Contested), FIR under Sections 498A & 406 IPC for cruelty towards wife, Maintenance petition u/s 125 CrPC, Dowry Harassment Claims, Domestic Violence, Restitution of Conjugal Rights under Section 9 of Hindu Marriage … Read more
Domestic violence is common in Indian households and one of the prime reason why couples more to divorce court. Violence, be it in any form, is against the law and human kind in general when all the religions of the world talk about love & compassion.But conflicts do happen and worsen when it gets physical … Read more
All the crime related to women in matrimonial disputed are first forwarded to women cell in Chandigarh, Panchkula & Mohali, where counsellor first checks the veracity of the complaint and extent to which relation is broken. Usually the welfare officer appointed takes stock of the situation i.e. how worse it is and can the couple … Read more
Though the judgment of one high court is not binding upon the other high court but is surely has the relevant consideration on law point. On that note this post just is an attempt to correlate the judgment of Allahabad High Court on topic of Anticipatory Bail which can also be opted by our High … Read more
Reservation in Promotion hinges on three factors, inadequacy of representation, backwardness and the impact on overall efficiency before making reservations in promotions. Recently the Supreme Court (SC) settled the controversy surrounding Reservation in Promotion in Jarnail Singh & Ors vs. Lacchmi Narain Gupta & Ors , SLP (C) 30621/2011 decided on 26.09.2019. It held: That a progression … Read more
God forbid if one has to take Divorce but if this is the only option, and then one must opt for it to move on with life. Today, like all goods, Marriage also comes with Expiry and if Relationship is not working, then Divorce follows: For Hindu’s, the Divorce procedure is governed by Hindu Marriage … Read more
Marriage is a union of one man with one woman to the exclusion of all others. In India, the personal laws of the religion followed by the parties to the marriage lay down the rules regarding their marriage. Also Read- MATRIMONIAL ISSUES The State has made laws to regulate the social institution of the marriage over the years … Read more
Every year many young brides fall prey to the fancy of NRI grooms who allure them of foreign dreams and comforts of life that one could only get by going abroad leave apart the status symbol quotient. But not all that glitters is gold. And this is what happens when realty meets the eye i.e. … Read more
In India, Criminal law is governed be Indian Penal Code (IPC) , Criminal Procedure Code (CrPC) & Indian Evidence Act (IEA). IPC – states different types of sections/offences under which a person can be booked. CrPC- talks about procedure of how a criminal trial is to be conducted in court. IEA- states how evidence is … Read more
Steps to file a Dowry Complaint: Following are the steps to file Dowry and Mental Harassment Complaint under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) and Section 406 (punishment for criminal breach of trust) of Indian Penal Code (IPC): Visit the nearest Police Station and file a complaint … Read more
Legal heir certificate is a certificate issued by the concerned local authority like District Collector, Additional district magistrate or any local authority who have jurisdiction in the local area authorised by the State or Central Government stating that the person is a legal heir of the deceased person.The person who wants to get a certificate … Read more
The entire justice delivery system in India is dependant upon Police, an external machinery appointed for the investigation part where as for appreciation of evidence judiciary exists. But very little could be done for litigants on both sides be its petitioner/applicant/complainant or Respondent/Accused/Defendant. So the courts in India started Roster system where cases are to … Read more
Now that RERA is here what about appeals to RERA Appellate Authority in Punjab and Panchkula, Haryana. The RERA Act itself mandates the formation of such authorities where appeal against RERA Authority and Adjudicating officer should lie. RERA is a game changing legislation for Indian Real Estate Market which can be seen from the recent … Read more
Dowry as a practice is prevailing in society from the times immemorial. Dowry needs to be understood clearly and in right way. Dowry if taken in right sense it means the gifts given by the family to the bride for the future uses or to any other uses as well those gifts can be used … Read more
Renu (name-changed) aged 26 years recently got married in December 2017 to an engineer by profession only to discover later that he was not an engineer and running business of spare parts and goods. Still Renu opted to keep mum on this but later when she discovered another aspect that her sister in law is … Read more
Chandigarh is a scary place for violating traffic rules. Isn’t it? Ask anyone coming from a different state in Chandigarh. No one can better answer this question than him. But we love the city administration, its strict adherence to the traffic rules and finally the residents who have had made this city most livable and … Read more
Authorities refusing to change your Date of Birth, remedy is to file WRIT of Mandamus before High Court and get specific directions. Date of Birth indeed is the most important document in your life. Your age sets your eligibility for so many things to come into your life just in time. At the age of … Read more
Proclaimed Offender or PO is a dreaded word for every respectable citizen whose name is unnecessary dragged into a criminal case and now he fears arrest anytime. In case, the one who is reading this post is declared ‘Proclaimed Offender’ anywhere in Punjab, Haryana or Chandigarh, this post of mine would bring immediate relief. 1.Who … Read more
Recap- Quashing is term given to orders by High Court in general under Section 482 of CrPC exercising inherent powers where criminal proceedings before Trial Court (District Judge, Judicial Magistrate or Session Judge) are dropped or rejected as no prima facie offence is being made out and chances of accused committing the crime is to … Read more
Good news for pensioners who retired from PU before 2006 that the order of reducing their pensions is now stayed by phhc in lieu of excess pension wrongly fixed earlier. The PU has been issued notice to file reply on 6th March. Two petition were filed on this issue including 119 pensioners in phhc. Suddenly after … Read more
What is Quashing-In plain simple words it is rejection as invalid. In legal parlance, it is dropping of proceedings against individuals or a group by High Court only. Criminal Procedure code under section 482 envisages provision for quashing of cases when prima facie complaint is false and the probability of accused committing the crime is … Read more
Domestic Violence can be physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Protection of Women from Domestic Violence Act 2005 PWDVA is inclined towards victim and don’t have to wait for police to take cognizance. Woman can still continue to take her recourse under criminal law i.e. 498A. It covers all domestic … Read more
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