Bharathadityalu

What is the difference between judicial separation and divorce? S 10 of Hindu Marriage Act provides for Judicial separation:- (1) Either party to a marriage, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. S 13 of Hindu Marriage Act provides grounds for Divorce:- S 13 of Hindu Marriage Act provides that  that if decree for judicial separation has been passed between the parties and that there h

  Basic concept of divorce on the ground of mental Cruelty IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FAMILY COURT APPEAL NO.70 OF 2015 Thalraj  Vs Jyoti  CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ. DATED : 10th February, 2021.  In the context of marriage, 'mental cruelty' refers to behavior or actions that cause significant emotional or psychological distress to one spouse by the other. Specifically, in cases involving unfounded scandalous allegations against a spouse made in the pleadings or filing of false complaints, such actions can be considered as instances of mental cruelty. When one spouse makes baseless and scandalous allegations against the other in the legal pleadings or files false complaints, it can have a severe impact on the targeted spouse's mental well-being. These actions can lead to humiliation, embarrassment, and emotional trauma. The false accusations can damage the reputation and social standing of the innocent spouse,

  What is the difference between set-off and counter-claim?   The difference between set-off and counter-claim lies in their nature and purpose in legal proceedings: O 8 R 6 of CPC provides for set off: Set-off: Set-off refers to the adjustment or cancellation of mutual debts or claims between parties involved in a legal dispute. It allows a defendant to reduce or eliminate their liability by setting off a claim they have against the plaintiff. In other words, it is a defense mechanism used by the defendant to counterbalance the plaintiff's claim by asserting their own claim against the plaintiff.  The purpose of set-off is to achieve a fair and equitable resolution of the dispute by considering the mutual claims between the parties. O 8 R 6-A of CPC provides for counter claim: Counter-claim : A counter-claim is a separate claim made by the defendant against the plaintiff in response to the plaintiff's original claim.Defendant can make counter claim regarding any right or clai

Transfer of Property Act -  Important Doctrines 1. Nemo det quod no habet – No person can give better title than he himself possess – Section 7   2. Doctrine of rule against Perpetuity – Section 14   3. Doctrine of Accumulation – section 17   4. Doctrine of Cypress – section 18, 26   5. Doctrine of Transfer – Sec 25   6. Condition Precedent – Section 26   7. Condition subsequent – Section 28 R/w 29   8. Doctrine of acceleration – Section 27   9. Doctrine of Election – Section 35   10. Doctrine of holding out or transfer by ostensible owner   11. Feeding grant by estoppels – section 43   12. Doctrine of lis pendens – section 52   13. Doctrine of fraudulent transfer – section 53   14. Doctrine of part performance – 53A   15. Doctrine of Marshaling             - by subsequent purchaser – section 56             - by subsequent mortgagee – section 81   16. Once mortgagee always mortgagee – section 60   17. Rule of Contribut

  Maintenance For Women Under Various Laws   MEANING OF MAINTENANCE Maintenance as per the concept of law is considered as a financial assistance given to the aggrieved party who is under a reasonable need of that financial assistance. It is claimed by an application made by one of the litigating parties by moving an application in the competent court. It is financial assistance which is to support the aggrieved party to reduce the financial burden. The purpose behind this provision is to provide the same standard of living to the other spouse as it was before the proceedings or separation. There are several provisions where a woman is entitled to maintenance under the Indian law which are listed down below. 1. TYPES OF MAINTENANCE UNDER HINDU MARRIAGE ACT,1955 A. Section 24, Temporary Maintenance  (obligation to maintain wife or husband) It is referred to a maintenance that is been provided to the aggrieved party during the pendency of the trial. Hence such type of maintenan

Guidelines for Trial of Dowry death cases Punishable Under section 304 B of IPC: Supreme Court Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 1735-1736 OF 2010 SATBIR SINGH & ANOTHER  Vs  STATE OF HARYANA  Author: N. V. RAMANA, CJI. Dated:MAY 28, 2021 36. At the cost of repetition, the law under Section 304B, IPC read with Section 113B, Evidence Act can be summarized below: i. Section 304B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand. ii. The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304B, IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113B, Evidence Act operates against the accused.  iii. The phrase “soon before” as appearing in Section 304B, IPC cannot be construed to mean ‘immediately before’. The prosecution must establ

 What is FIR and Chargesheet? What is First Information Report? F.I.R. means any information recorded by an on-duty officer given by an aggrieved person or any other person either in writing or made orally about the commission of a Cognizable Offence. Based on information so provided the investigation started. F.I.R can also be registered by the Judicial Magistrate by giving the direction to the concerned jurisdictional area of the Police Station. Section 154: Information in cognizable cases Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. A

 Whether the daughter can get a partition of ancestral property by disowning the relinquishment deed? In the High Court of Madras (Before G. Jayachandran, J.) Tmt. Karuppathal  Vs P. Ponnusamy, (deceased)  A.S. No. 809 of 2009 Decided on February 17, 2021, Citation: 2021 SCC OnLine Mad 677  The plaintiffs, while admitting the execution of sale deed Ex.A-2, refute the release deed. The recital in the release deed refers the execution of sale deed Ex.A-2 in respect of 0.91 cents and about the receipt of Rs. 2,32,060/- each by the plaintiffs 1 and 2, as consideration for relinquishing their right in the remaining property, left by their father.{Para 11} 12. Two reasons are mentioned in Ex.A-4 for the cancellation of the release deed Ex.A-3. First, it was obtained by fraud and misrepresentation. They came to know about it, when they applied for encumbrance certificate. Second, the plaintiffs were not paid the full amount agreed by the defendants 1 to 5. These two reasons found in the deed

 Whether the court can call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC? IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52970-2022 (O&M) Bennett Coleman and Company Limited Vs State of Haryana and others CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Date of Decision: 29.03.2023 In the facts and circumstances of the present case, the petitioner-Company is neither the complainant nor is a victim but is a telecasting company who had conducted a sting operation and the video was telecasted which bearing has got direct bearing upon the subject matter of the present FIR. This Court is of the view that the subject matter of the telecast goes to the root of the matter. The scope of Section 311 Cr.P.C is very wide as has been so held in a plethora of judgments as discussed above. The journalist namely Abhishek who has been summoned as a prosecution witness is not an authorized person, according to the petitioner-Company, whereas

 How to establish the art of cross-examination - This article explains the different methods to follow for a successful cross-examination. Table of Contents 1. Introduction 2. What is cross-examination 3. Purpose and need to cross-examine 4. Aim and subject-matter of cross-examination 5. Preparation for cross-examination 5.1. Preparation for fact witnesses 5.2 Preparation for Expert witnesses 6. Make sure you have a cross-examination plan 7. Keep it short and simple  8. Avoid open-ended questions 9. Know when to stop 10. Use only leading questions 11. Destroying the witness’s credibility through cross-examination 11.1 By Observation 11.2 By confusing him 11.3 By changing the expression 12. Conduct during cross-examination 13. Conclusion References Chap 1. Introduction If there is a skill that every lawyer should learn, it is undoubtedly the art of cross-examination. It is much more than asking a set of questions to witnesses, it is an art form that requires years of practice to maste

 Dishonour of Cheque [S. 138 NI Act and allied sections] Introduction Over the years there have been many important changes in the way cheques are issued/bounced/dealt with. Commercial globalisation has resulted in giving a big boost to our country. With the rapid increase in commerce and trade, use of cheque also increased and so did the cheque bouncing disputes.[1] The object of Sections 138-142 of the Negotiable Instruments Act, 1881  is to promote the efficacy of banking operations and to ensure credibility in transacting business through cheques.[2]  Section 138 casts a criminal liability punishable with imprisonment or fine or with both on a person who issues a cheque towards discharge of a debt or liability as a whole or in part and the cheque is dishonoured by the bank on presentation.[3] Section 138 was enacted to punish unscrupulous drawers of cheques who, though purport to discharge their liability by issuing cheque, have no intention of really doing so. Apart from civil lia