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Judgements

Registration of FIR (2013-11-12)

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the... Read More

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. (iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. (v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. (vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/ family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. (viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

Earning mother liability towards maintenance (2000-03-28)

Hindu Marriage Act, 1955; S. 26 – Whether earning mother has any liability towards maintenance of the child -- As much the obligation of the father to maintain a minor child as that of the... Read More

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Hindu Marriage Act, 1955; S. 13B ------ Out of marital dispute the wife filed case under section 406/498A IPC and also under the provisions of Protection of Women from Domestic Violence 2005 -----... Read More

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Code of Civil Procedure, 1908; O. 6 R. 17 ----- Amendment of plaint after a final decree is passed in a suit for partition ----- application for amendment of a mistake, said to be a clerical one, in... Read More

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband... Read More

Adverse Possession of Property (2017-04-18)

Limitation Act, 1963; S. 27— Limitation Act, 1963; Art. 65 and 66 -- Adverse Possession -- It is a settled principle of law of adverse possession that the person, who claims title over the... Read More

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Evidence Act, 1872; ----- Whether Whatsapp forward can be treated as document as per Evidence Act ----- Held: Annexure - A does not even qualify as a document in terms of the Evidence Act, 1872, in... Read More

Non-appearance of the complainant (2016-02-29)

Code of Criminal Procedure, 1973; S. 256 -- Negotiable Instruments Act, 1882; S. 138—Whether dismissal of complaint due to non-appearance of the complainant amounts to acquittal of the accused... Read More

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint -- the has to be read as a whole -- The defence available to the defendants or the plea taken by them in the written statement or... Read More

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

Hindu Marriage Act, 1955; S. 13 – Validity of Divorce Decree passed by Foreign Court – Held: The present decree dissolving the marriage passed by the foreign court is without jurisdiction... Read More

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Judgements

Registration of FIR (2013-11-12)

Earning mother liability towards maintenance (2000-03-28)

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Adverse Possession of Property (2017-04-18)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Non-appearance of the complainant (2016-02-29)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

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Judgements

Registration of FIR (2013-11-12)

Earning mother liability towards maintenance (2000-03-28)

marital dispute the wife filed case under section 406/498A IPC (2012-05-10)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Adverse Possession of Property (2017-04-18)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Non-appearance of the complainant (2016-02-29)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Validity of Divorce Decree passed by Foreign Court (1991-07-09)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law