Bharathadityalu

 Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim? Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.1957-1961 of 2024 Shivani Tyagi  Vs  State of U.P. & Anr.  Citation: MANU/SC/0353/2024, 2024 INSC 343. Dated: April 5, 2024 Having observed and held as above, we are deeply peeved on perusing the impugned judgment, for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration.  In the case on hand, a scanning of the impugned order would reveal that what mainly weighed with the Court is the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs through demand drafts, taking into account the evidence that the victim had incurred an amount of Rs. 21 lakhs for her treatment. Paragraph 10 of the impug...

Whether prosecution under POCSO Act is maintainable if a person constantly watches child ? IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1947 OF 2017 MANJU TEJBAL VISHWAKARMA AND ANR.  V/s. THE UNION TERRITORY OF DAMAN & DIU  CORAM : A. M. BADAR, J. DATE : 27th SEPTEMBER 2017 Citation: 2017 SCC ONLINE Bom 8895. Therefore, it will be appropriate to reproduce provisions of Section 11 of the POCSO Act, which reads thus :  11. Sexual harassment : A person is said to commit sexual harassment upon a child when such person with sexual intent­ (i)utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii)  makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii)  shows any  objec...

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 the...

  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 s...

  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 o...

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 ...

  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 typ...