The time limit to file an appeal in the Real Estate (Regulation and Development) Act (RERA) Appellate Tribunal is 60 days from the date the aggrieved person receives a copy…
Category: Articles
CGTMSE Scheme (Credit Guarantee Fund Trust for Micro and Small Enterprises)
The Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) is a key initiative by the Government of India, implemented in collaboration with the Small Industries Development Bank of…
INQUIRIES AND TRIALS, GENERAL PROVISIONS AS TO [SECTIONS 337 TO 366 OF BNSS] POWER TO POSTPONE OR ADJOURN PROCEEDINGS [SECTION 346 OF BNSS/SECTION 309 OF Cr.PC.]
Limits on adjournments ♦ Section 346(2), fourth proviso, of BNSS provides that where the circumstances are beyond the control of a party, not more than two adjournments may be granted…
The Role of WhatsApp in Indian Courts: Service of Parties and Proving Allegations Through WhatsApp Chats
In recent years, technological advancements have significantly influenced the legal landscape worldwide. One such advancement is the pervasive use of WhatsApp, a widely popular messaging application. In India, courts have…
Understanding Order 1 Rule 10 of the Civil Procedure Code (CPC) in Indian Jurisprudence
Order 1 Rule 10 of the Civil Procedure Code (CPC)
DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial ViolenceCase: DK Basu vs. State of West Bengal (1997)
DK Basu vs. State of West Bengal: A Landmark Judgement on Custodial Violence Case: DK Basu vs. State of West Bengal (1997) Court: Supreme Court of India Facts: This case…
Got secured one of our clients Anticipatory Bail under sections 406, 420, 468, 471, 120-B of IPC, 1860
Anticipatory Bail, Navigating through legal complexities can be challenging, but with strategic legal expertise and unwavering dedication, we have successfully safeguarded our client's interests
Impounding of Passport
Impouding of Passport on the allegation of Suppression of Material Information Got issued the directions to the appellate Authority under Passport Act, from the Hon’ble Punjab and Haryana High Court,…
Cruelty – Wife used to harass her husband by closing outer gate, hiding the keys of scooter and crunching his clothes when he would get ready to go to factory – It is cruelty.
Cruelty – Wife publishing notice in newspaper making baseless allegations that her husband was womaniser and drunkard – It is cruelty. Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental cruelty – Law enunciated…
Territorial Jurisdiction in Indian Law: A Comprehensive Overview
Territorial jurisdiction pertains to the geographical area within which a court or other judicial authority has the power and authority to decide cases. In India, the concept of territorial jurisdiction…
Quashing of FIR at Preliminary Stage: A Judicial Perspective
The quashing of First Information Reports (FIRs) at the preliminary stage of investigation is a delicate legal matter that requires careful consideration. The Supreme Court of India has provided valuable…
Quashing of FIR registered under section 376 IPC
SUPREME COURT OF INDIABefore:-A.M. Khanwilkar and Dinesh Maheshwari, JJ.Criminal Appeal Nos.394-395 of 2021 (Arising out of SLP(Crl.) Nos.3175-76 of 2021)(Diary No.11723 of 2020). D/d. 12.4.2021.Ananda D.V. – AppellantsVersusState & Anr.…
Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents
Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents Introduction In an age dominated by digital communication, call details have become invaluable pieces of evidence in criminal…
Quashing of Matters which are purely Civil Nature and mostly are related to land or money are given the color of criminality, only for the purpose of exerting extra judicial pressure on the party concerned which is nothing but abuse of process of the court- Such matters are liable to be quashed.
In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Supreme Court held: “102. In the backdrop of the interpretation of the various relevant provisions of the Code…
Bail under Economic offence-once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule
The parameters to be considered while deciding the prayer for bail are well laid down by Apex Court in the case of ‘State through CBI v. Amaramani Tripathi, reported as…
Territorial jurisdiction – Cheque dishonoured by Chandigarh Bank – Complainant residing at Delhi – Notice demanding payment issued to accused from Delhi – Chandigarh court will have the jurisdiction and not Delhi Court.
In the case of Harman Electronics (P) Ltd. v. National Panasonic India Ltd., the Supreme Court of India examined the issue of territorial jurisdiction regarding a dishonored check. Here’s a…
P. Kartikalakshmi Versus Sri Ganesh & Anr. Supreme Court of India.
Criminal Procedure Code, 1973, Section 216 – Alteration of charges – Power of invocation of Section 216 Cr.P.C. , 1973 is exclusively confined with Court as enabling provision for purpose of alteration or addition…
The Maintainability of Section 216 CRPC Applications: A Legal Perspective
Hon'ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.
Legal Notice for Divorce Format.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient’s Name] [Recipient’s Address] [City, State, ZIP] Subject: Legal Notice for Divorce Dear [Recipient’s Name], I am writing…
Promoting Equality and Justice: The Case for Gender Neutral Rape Laws
Gender-Neutral Rape Laws Introduction Rape is a heinous crime that leaves lasting physical, emotional, and psychological scars on survivors. Traditionally, rape laws have focused on female victims and male perpetrators,…
Advancing Gender Equality: Key Legal Decisions by the Supreme Court of India and High Courts
Gender Equality Introduction: Gender equality is a foundational principle enshrined in the Constitution of India. Over the years, the Indian judiciary, including the Supreme Court and various High Courts, has…
What is Interlocutory Order? Lets understand what Supreme Court says…
Term 'Interlocutory Order' has not been defined in the Cr.P.C. Hon'ble Apex Court in the case o
Case Laws-Permission to go abroad during pendency of criminal case.
Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…
Sale is conducted under the provisions of the SARFAESI Act the Civil Courts have no jurisdiction to come in the way of the actions taken by the Banks or Financial Institutions.
PUNJAB AND HARYANA HIGH COURT(DB) Before:- M.S. Ramachandra Rao and Harminder Singh Madaan, JJ. CWP No. 24535 of 2021 (O&M). D/d. 21.11.2022. Kanta Devi – Petitioner Versus State Of Haryana…
Eviction petition – NRI landlord can exercise his right even during pendency of earlier eviction petition.
PUNJAB AND HARYANA HIGH COURTBefore:- Alka Sarin, J. CR No. 5977 of 2010 (O&M). D/d. 30.11.2022. M/s Pawan Electricals – Petitioner Versus Gian Singh – Respondent For the Petitioner :-…
Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail
Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court
Issuance of Emergency/Transit Certificate for travel to India in case of impounding of Passport
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 CWP-69-2023 Date of Decision: 01.03.2023 Madhu Kohli Versus …Petitioner Regional Passport Officer, Chandigarh …Respondent CORAM: HON’BLE MR. JUSTICE JASGURPREET…
Power under 406 CrPC to transfer cheque cases from one state to another
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet
Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments
Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…
2022 Latest Law on 319 CrPC: Supreme Court guidelines.
“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…
Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”
Filing false and frivolous cases against her husband amounted to cruelty
Quashing of – Complaints /charge sheets
TELANGANA AND ANDHRA PRADESH HIGH COURT Before:- A. Ramalingeswara Rao, J. Writ Petition Nos. 21422 of 2002; 4687, 8096, 8786 and 17623 of 2010. D/d. 26.9.2014. V. Janardhana Babu and…
Quashing of FIR on the basis of Compromise.
The bench of Justice Anoop Chitkara was dealing with the petition filed under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with…
Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld.
Offence under NDPS Act – Applicability of Section 27A NDPS Act is seriously questionable – Bail upheld. SUPREME COURT OF INDIA Criminal Appeal No. 923 of 2022 (Arising Out of Slp (Crl.) No.…
Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India and Various High Courts
Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India…
Vimalben Ajitbhai Patel Vs Vatsaben Ashokbhai Patel- on Section 82 CrPC, Proclaimed offender
Supreme Court of IndiaVimalben Ajitbhai Patel vs Vatslabeen Ashokbhai Patel And … on 14 March, 2008Author: S.B. SinhaBench: S.B. Sinha, V.S. SirpurkarCASE NO.:Appeal (civil) 2003 of 2008 PETITIONER:Vimalben Ajitbhai Patel…
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
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
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…