Bharathadityalu

 What Are the Legal Remedies When Police Refuse to Register an FIR As dealt with in the previous article, when an attempt is made for lodging an FIR [first information report] under Sections 154 or 155 of the Code of Criminal Procedure [CrPC], the police may simply register an FIR if an offence of cognizable nature is disclosed. In the event the police refuse to lodge an FIR, a complaint can be made before the Superintendent of the Police [SP] or Commissioner of Police [CP] and thereafter, such officers may investigate themself or direct an officer subordinate to them to investigate.   However, in the event no investigation is conducted by the SP/CP nor is it directed to be conducted through a subordinate officer, the remedy available to the informant/complainant is to approach a Judicial Magistrate of First Class [JMFC], who has the jurisdiction over the concerned police station before which an initial attempt to lodge an FIR was made.   The said remedy is available to the informant u

Simple Article on Co-ownership Table of Contents Co-ownership of property  Types of co-ownership Laws related to the transfer of property by a co-owner Rights of a co-owner Co-ownership benefits Co-ownership of property  Co-ownership or joint ownership means when two or more persons hold title to the same property. Co-owners of a property mean all the owners of that particular property. Any co-owner can transfer his/her personal share in such property to a co-owner or even a stranger which results in that transferee stepping into the shoes of the co-owner. A co-owner generally has the right to possession, right to use, and even dispose off the property. Types of co-ownership There are a few types of co-ownerships. These have been explained below: Tenants in Common: When two or more people buy a property but do not specifically mention the share that each has in the property, a 'tenancy-in-common' is said to exist. All the co-owners can use the entire property and every co-owner

 Article on Information about how the Relinquishment deed works. How the Relinquishment Deed Works and How to Register when co-owners formally transfer their ownership interest in the estate to a different co-owner it is done by relinquishment deed.  What Are The Five Essential Elements Of A Partnership firm? Before learning about how a relinquishment deed works, let us start by understanding what a relinquishment deed is. A legal heir may abandon their entitlement to inherit property in exchange for the other heirs’ good faith by executing a formal document known as a relinquishment deed. The relinquishment deed transfers the title if a person dies without leaving a will. A co-owner or another legal heir will inherit the legal heir’s rights to the property. Either money will be assigned for the relinquished deeds, or nothing will.  Except in the case where all parties are co-owners of the property, the transfer cannot be released or surrendered. In circumstances of inherited propertie

 whenever any surety is furnished for a release of an accused on bail, the following steps shall be followed: High Court of Karnataka Reported WP No. 8524 of 2019 Between SRI. NARAYANA. B & Ano V/s State of Karnataka & Ano Bench: Justice Suraj Govindraj DD Date: 23/9/2022 7.1. Every solvency certificate should contain the signature of the issuing authority with name and designation stamp and date of issue, only original solvency certificates to be accepted. 7.2. The issuing authority should obtain the photograph, signature or clear Thumb Impression of the surety on the solvency certificate and attest the same. 7.3. The certificate to also be accompanied by a self attested copy of the Aadhar card of the surety. 7.4. The Employees who stand, as sureties shall be directed to produce a certificate of Identity and Salary from their Employer. It should contain the signature of the Employee duly attested by the Employer. 7.5. At the time of accepting the surety the signature/Thumb Imp

 Hijab verdict - SCI Eleven questions framed and answered by Justice Hemant Gupta while upholding government decision "Secularism is applicable to all citizens, therefore, permitting one religious community to wear their religious symbols would be antithesis to secularism," Justice Gupta concluded. BENCH CIVIL APPEAL NO. 7095 OF 2022 - Reported (ARISING OUT OF SLP (CIVIL) NO. 5236 OF 2022) Justice Hemant Gupta,  [Aishat Shifa and ors vs State of Karnataka] 13 Oct, 2022,  The Karnataka government order allowing educational institutes to ban students from wearing hijab (headscarves) was to promote parity, ensure uniformity and maintain a secular environment in schools, Justice Hemant Gupta held on Thursday.  The Supreme Court had earlier today delivered a split verdict in the challenge to the Karnataka government order (GO) effectively empowering government colleges in the State to ban the wearing of hijab by Muslim girl students on campus. Justice Hemant Gupta who headed the b

 Dishonour of Cheque - S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence:  Supreme Court Reported  Bench: Justice JB Pardiwala Between  S.P. Mani and Mohan Dairy v. Snehalatha Elangovan Citation: 2022 SCC OnLine SC 1238,  Dated: 16.09.2022 Supreme Court: In yet another issue involving the true import of Section 141 of the Negotiable Instruments Act, 1881, the bench of Surya Kant and JB Pardiwala*, JJ has laid down the guiding principles for dealing with Section 141 of the Negotiable Instruments Act, 1881 and had held that for fastening the criminal liability, there is no legal requirement for the complainant to show that the accused partner of the firm was aware about each and every transaction. The Court held that, “if any Director or Partner wants the process to be quashed by filing a petition under Section 482 of the Criminal Procedure Code, 1973, on the ground that only a ba

A Sale Agreement constitutes all the terms and conditions of the sale of a property (movable or immovable) to the buyer. Under the Indian Registration Act, 1908, an agreement for the transfer of rights of immovable property of value more than Rs. 100/-, is required to be registered. Section 54, under the Transfer of Property Act, 1882, defines Sale as a transfer of ownership for a price and in case of transfer of immovable property of a value exceeding One Hundred Rupees, can be done only through a registered instrument. This is important to note that Section 54 only mandates registration of the sale deed, i.e., only the instrument that helped in the sale of the property but does not mandate the registration of Agreement to Sale (ATS). An unregistered sale deed without the delivery of property will not be enough since the document must be registered. Thus under Section 54, such an unregistered sale deed, although valid under the Registration Act, will not be able to confer the title on

 Landmark Judgement: Effects of non registration of partnership firm IN THE SUPREME COURT OF INDIA Civil Appeal No. 4092 of 1998 Decided On: 07.11.2006  Purushottam and Anr. Vs. Shivraj Fine Art Litho Works and Ors. Hon'ble Judges/Coram: B.P. Singh and Altamas Kabir, JJ. There is a possible confusion on the case that whether the subsequent registration of the firm will cure the initial defect in the filing of the suit. It has arisen for consideration in D.D.A. v. Kochhar Construction Work and Anr. The court stated that the provision of the Act it was not possible to subscribe to the view that subsequent registration of the firm will cure the initial defect, because of the proceedings. They not have been instituted as the firm in whose name the proceedings were instituted was not a registered firm on the date of the institution of the proceedings. Bharath L Advocate High Court of Karnataka, Bangalore  9844734166 Read Judgment 1. In this appeal by special leave the plaintiffs are the

  Whether the court can refuse maintenance to the wife if she gives contradictory admission in her cross-examination? Gujarat High Court Ajitbhai Mohanbhai Parghi vs State Of Gujarat on 3 September, 2020 Bench: A. P. Thaker R/CR.RA/74/2020 On perusal of entire material on record, it appears that the husband has heavily relied upon the statement made by the wife during her chief­examination to the effect that cheque given by the husband is dishonoured and, during her cross­examination, she has admitted that the cheque was encashed. Thus, solely on this ground, it is argued that the wife is making false statements and she is not entitled to get any maintenance from the husband.  It is well settled that entire evidence, which includes chief­examination, cross­examination and re­examination if any, is required to be appreciated. Lapses or incorrect statement or false version put forward in chief­examination is not sufficient to discard other facts narrated in the deposition of the wife. 

 How to appreciate evidence of SDR, CDR and tower location in criminal case? IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH  CRIMINAL CONFIRMATION CASE NO. 01 OF 2020  State of Maharashtra, Vs  Sagar Vishwanath Borkar, CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ. In addition to the evidence of CCTV footage, the prosecution sought to rely upon SDR, CDR and tower location of the accused. Mahamuni (PW15) has stated in his evidence that as per his letter issued to Superintendent of Police, Buldhana, he received four papers which were marked as Exh. 125. He stated in his evidence that from CDR and SDR, he came to know about the location of the accused at the time of incident. He identified the contents of the said letter which were marked as Exhs. 126 and 127. Learned trial Court refused to place reliance upon SDR, CDR and tower location of the accused as the said electronic evidence were not supported by certificate under Section 65B (4) of the Evidence Act. In our opinion,the l