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Lawyersclubindia Articles


Documents Which Do Not Require Registration

  G. ARAVINTHAN   01 June 2009 at 11:27

There are several documents which are not compulsorily registerable under Section 17 of the Registration Act.. Some of them require high stamp duty under the Karnataka Stamp Act and some of them do not. Even the ones which require high stamp duty, i ..


Posted in Legal Documents  1 comments |   6650 Views


Judicial Trend on Bail -an overview

  G. ARAVINTHAN   01 June 2009 at 11:27

An overview of the following cases highlight the adverse condition of the poor with regard to the unjust bail system in India. In State of Rajasthan v Balchand , the accused was convicted by the trial court. When he went on appeal the High Court, it ..


Posted in Criminal Law |   2668 Views


A WOMAN as a KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The Karta of a Hindu joint Family in Hindu Law is the senior most member of the family entitled to manage family affairs, in his absence the next eldest male member after him is entitled to be the Karta. A Karta is the caretaker of the whole family a ..


Posted in Family Law |   4055 Views


Judicial View of Woman KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The possibility of female being the Karta in presence of senior male member is being ruled out. But the question is whether in the absence of the manager, whether by prolonged journeys abroad or by dying without leaving another manager to succeed hi ..


Posted in Constitutional Law |   1953 Views


Cruelty u/s 498-A, 306 IPC and s 13 of HMA

  Swami Sadashiva Brahmendra Sar   01 June 2009 at 11:27

The question would arise as to whether in the facts and circumstances where the complainant had left the matrimonial home and started living with her father in1993, could a case be registered against the appellant under Section 498A I.P.C. in 1997? T ..


Posted in Family Law |   9481 Views


Baggage Rules and Transfer of Residence

  M. PIRAVI PERUMAL   31 May 2009 at 12:24

The government announced the Baggage rules in 1998 given below for various categories Rule 1 : Passengers returning from countries other than Nepal, Bhutan, Myanmar or China An Indian resident or a foreigner residing in India, returning from any cou ..


Posted in Others |   1297 Views


Evidentiary value of certified copy of sale deed

  Swami Sadashiva Brahmendra Sar   31 May 2009 at 12:24

Acceptance of certified copy as evidence is not limited to production of certified copy of sale deed in evidence but also enables party producing it to rely on contents of document without examining vendor/vendee. Such certified copies are to be read ..


Posted in Civil Law |   6735 Views


Conviction for offence for which charge was not framed

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Conviction for offence for which charge was not framed In view of S. 464, Cr.P.C. , it is possible for the appellate or revisional Court to convict an accused for an offence for which no charge was framed unless the Court is of the opinion that a fai ..


Posted in Criminal Law |   1374 Views


Limitation Act – Art.58 v. Art. 113

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue accrues'. The dis ..


Posted in Civil Law |   6765 Views


Territorial jurisdiction of High Court

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Territorial jurisdiction of High Court 1. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20(c) of the Code of Civil Procedur ..


Posted in Constitutional Law |   2782 Views