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How to seek Bail in false 498A/406 IPC

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Matrimonial cruelty is the cruelty to which women is subjected to, by her husband and his relatives. Cruelty in matrimonial terms is physical and mental torture caused by the actions of husband and his relatives towards wife. To deal with matrimonial cruelty our constitution makers inserted section 498a in Indian Penal Code which reads as […]

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Transfer of Petition – An effective tool to meet the ends of Justice

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This is the provision inserted in Code of Civil Procedure under section 25 reads as under- Power of Supreme Court to transfer suits, etc. (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, […]

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PILs IN THE SUPREME COURT OF INDIA…!!!

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PIL that is the “Public Interest Litigation” is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial magistrate. It was felt that their interests are undermined by the government.In such a situation, the court directly accepts the public good. It is a […]

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How to get bail in Section 420 IPC

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            Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. 420:Cheating and dishonestly inducing delivery of property.: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, […]

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Remedies available to the borrower or aggrieved person against the proceedings

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INTRODUCTION TO THE SARFAESI ACT, 2002 India is the world’s third largest economy. In order to keep pace with the fast evolving economies of the developed countries and to secure its position amongst the fastest developing countries, it is of utmost interest that the financial stability and growth of the country remains fluid and unharmed. […]

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Fate of simultaneous agreements to sale.

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What is agreement to sale ? An agreement to sale always precedes the process of actual execution of the sale deed. An agreement to sale is a very important stage of the whole process. An agreement to sell is an important document in the process of sale and purchase of property. This agreement contains the […]

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Is your Spouse Cheating on you: Ways to Prove Adultery

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Article 14 of the Indian Constitution provides for equality before law and equal protection of laws. The first phrase translates as a positive right conferred upon the people by the virtue of which every person will be subject to the same judicial system without any privileges or any discrimination whether positive or negative. Whereas, the […]

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Guide to getting the custody of your child midst a divorce.

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Introduction Going through a divorce settlement is not easy. With an ongoing maintenance suit coupled with other allegations, it gets severely difficult. The excruciating aftermath of a divorce settlement often involves the battle for the physical custody of the child. Child custody is a term used in family law courts to define legal guardianship of […]

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Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

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Harsh Vardhan Arora v. Smt Kavita Arora, 2002 MLR 528= 2002(2) RCR (Cr) 499 (Pb & Har.) The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would […]

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New guidelines on the settlement of non-compoundable offence : SC

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At the end of the discussion the Court issued the following guidelines (I) Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has […]

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Different Types of Injunctions in Indian Law

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In junction is defined as a court order in which an individual is asked to perform a particular act. It is also a writ which will be framed under certain circumstances of the case.   Preliminary Injunction A preliminary injunction is a remedy that will be invoked for preserving the subject matter in the existing […]

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Medical Negligence consumer forums Judgments    

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Medical Negligence How to prove?? Here are some Medical Negligence consumer forums Judgements V. Krishnakumar vs State Of Tamil Nadu &Ors. One thing is clear about the disease, and this was not contested by the learned counsel for the respondents, that the disease occurs in infants who are prematurely born and who have been administered […]

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Real Estate Scam in India

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In India many thousands of people have invested in on going projects by many builders in the country. Now these projects are under construction and are available at low rates. since possession of the projects are offered within 36 months period from the date of builder buyers agreement. Here is the twist. Projects getting delayed. […]

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Factors to be considered while granting the interim maintenance

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Hon’ble Delhi High in Manpreet Singh Bhatia vs Sumita Bhatia through Hon’ble Justice Pradeep Nandrajog  & Hon’ble Justice Pratibha Rani has reiterated the  factors to be considered while granting interim maintenance as reported in 140 (2007) DLT 16 Sh.Bharat Hegde Vs. Smt.Saroj Hegde and confirmed the order of the Sessions Court directing the Husband to pay the interim maintenance to the wife as […]

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Where there is a trust, there is a breach

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Since, being the part of the legal profession, I take it as my responsibility to ensure that Justice should not only be done, but seem to have been done. In today’s world where most of the financial transactions are done in the name of “friendly loans” without any precautions being taken because of the long […]

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Cruelty

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The most used terminology in the courts of law is “Your Honor I cannot continue this sacred relation because of the cruelty committed on me”, but the shocking and sad state of affair is that the opposite party comes with more severe allegations alleging cruelty which the makes the job of the courts impossible to […]

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Sub-ordinate Judiciary

Bail not Jail

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Yes this is how the principle is enshrined in the constitution of India and Article 21 of the constitution of India enshrines this principle as “Right to Life”. But can we say that this principle is being followed in the courts of law and the accused persons who are languishing under trails in jails on […]

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Why Anticipatory Bail ?

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The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly. In recent times since the rise of property prices and […]

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