In Umadevi Nambiar vs. Thamarasseri Roman Catholic Diocese (2022), a bench consisting of J. Hemant Gupta and J. V. Ramasubramanian held a Power of Attorney (GPA) document, when rigorously interpreted, does not include the power to sell. Furthermore, the agent's power to sell would be relevant only if the document enables him explicitly to implement the s..
Plaint To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff: SC In the case of M/s Frost International Limited vs M/s Milan Developers and Builders Pvt Ltd. and anr. the Apex Court has held that a relief sought in the plaint with the objective of restraining a prosec..
Difference Between Cheating And Forgery BASIS CHEATING FORGERY td styl..
The Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method of settling disagreements. It is a venue for the peaceful resolution of disputes/cases pending in a court of law or at the pre-trial stage. Lok Adalats have been accorded legal recognition under the Legal Services Act passed in 1987. A judgment made by..
The Hon’ble Punjab and Haryana HC has reiterated in Ravi Prakash Sharma vs. State of Punjab that directions to take voice samples of the accused is not violative of the doctrine against self-incrimination as envisaged in Article 20(3) of the Constitution. The Court observed that the infringement of the Fundamenta..
KEY TAKEAWAYS The distinction between judgement and decree has similarly lost relevance in the United States, while in India, the distinction between judgement and decree has remained relevant from the inception of the old Code of Civil Procedure in 1859. In today's legal en..
In the case of M/s Frost International Limited vs M/s Milan Developers and Builders Pvt Ltd. and anr. the Apex Court has held that a relief sought in the plaint with the objective of restraining a prosecution against the plaintiff will be barred by law and can be a ground for allowing an application for rejection of plaint under Order VII Rule 11 of CPC./li..
In Bhagyashri v Jagdish (2021), Justice Bharati Dangre, while rejecting the wife's plea under Section 24 and 25 of the Hindu Marriage Act, upheld two civil court orders, which directed the wife, a teacher, to pay a maintenance amount of Rs. 3000 to her husband. The Hon'ble Bombay HC also directed the school principal to deduct a sum of Rs. 5000 from ..
Mere Non Framing Of Charge U/S 149 IPC Will Not Vitiate Conviction If No Prejudice Caused To Accused: SC In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sus..
In Pedapudi Alfred Johnson Jeyakaran Jesudasan V. The State of AP, Justice U. Durga Prasad Rao, under Section 18 of the Indian Stamp Act of 1899, ruled that if a General Power of Attorney (GPA) is executed outside of India without being duly stamped and is presented before the third respondent within three months, the Court has the authority to order the imp..
Domestic violence is not a new topic in society. It refers to physical, verbal, sexual, and financial abuse between intimate partners. According to the World Health Organization, one out of every three women has been subjected to physical or sexual violence at some point in their lives, and 30% of women have been subjected to physical or sexual abuse by their relati..
Every once in a while, we come face to face with the realisation that revenge really does not know any boundaries, and that people can really go to any lengths to seek it. Something like this has happened in the case of The State of Maharashtra vs. Abdulrehman Shahjadhussain Shaikh and anr where the victim girl’s father and uncle were acquitted after being in jail for three years,..
KEY TAKEAWAYS In simple words, a charge is an allegation, which is formal in nature. Charge is dealt with in Chapter XVII of CrPC, from section 211 to section 224. The form of charges is dealt with in Sections 211- 217. li style="t..
In the case of State of UP vs Subhash @ Pappu the Apex Court has reiterated a well known principle that if the ingredients of the section are obviously implicit in the charges framed, then the conviction can be sustained, irrespective of the fact that the section was not mentioned in the chargesheet. This princip..
KEY TAKEAWAYS RAPE- Unlawful sexual activity and, in most cases, sexual intercourse carried out against a person's will or under threat of damage, or with a person who is under a specific age or incapable of legitimate consent due to mental disease, mental deficiency, drunkenness, unconsciousness, or deceit. ..
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