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Veritatis et quasi architecto.

Perspiciatis unde omnis iste natus error sit.

Voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur

Judgements

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

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.

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked ------ Held: the allottee cannot be expected to wait for possession of the... Read More

Mutual Divorce where parties cannot remain present in Court as one of them has been residing abroad for his service (2012-03-28)

Hindu Marriage Act, 1955; S. 13B ------ Mutual Divorce where parties cannot remain present in Court as one of them has been residing abroad for his service ------ Held: Though the physical presence... Read More

NI Act does not require that notice should only be given by post (2014-04-16)

General Clauses Act, 1897; S. 27 ----- Evidence Act, 1872; S. 114 ----- Negotiable Instruments Act, 1882; S. 138 ----- Whether it is necessary to state that the notice issued under Section 138... Read More

Presumption of title as a result of possession of Land (2017-03-29)

Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any... Read More

Whether qualified unemployed wife is entitled to get maintenance (2000-03-24)

Code of Criminal Procedure, 1973; S. 125 – Whether qualified unemployed wife is entitled to get maintenance – Held: well qualified spouses desirous of remaining idle, not making efforts... Read More

Recognition of third gender (2014-04-15)

Constitution of India; Art. 14 and 21 -- Recognition of third gender – Held: the Court upheld transgender persons’ right to self-identify their gender. The Constitution requires equal... Read More

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Consumer Protection Act, 1986; Insurance Company repudiated the insurance claim of the appellant citing breach of Condition No. 1, i.e. immediate information about the loss/theft of the vehicle... Read More

Family settlement of Property (2018-03-23)

Code of Civil Procedure,1908 ; Order XIII, Rule 3 – Indian Stamp Act, 1899 : Art. 45, Sec. 35 – Indian Registration Act, 1908; Sec.17,49 – Hindu Succession Act, 1955... Read More

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Judgements

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

Registration of FIR (2013-11-12)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Mutual Divorce where parties cannot remain present in Court as one of them has been residing abroad for his service (2012-03-28)

NI Act does not require that notice should only be given by post (2014-04-16)

Presumption of title as a result of possession of Land (2017-03-29)

Whether qualified unemployed wife is entitled to get maintenance (2000-03-24)

Recognition of third gender (2014-04-15)

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Family settlement of Property (2018-03-23)

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Judgements

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

Registration of FIR (2013-11-12)

Consumer Protection Act, 1986 ----- Whether buyer should wait for indefinite period for possession of the property booked (2017-10-05)

Mutual Divorce where parties cannot remain present in Court as one of them has been residing abroad for his service (2012-03-28)

NI Act does not require that notice should only be given by post (2014-04-16)

Presumption of title as a result of possession of Land (2017-03-29)

Whether qualified unemployed wife is entitled to get maintenance (2000-03-24)

Recognition of third gender (2014-04-15)

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Family settlement of Property (2018-03-23)

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