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Posted: December 6, 2014By: AdminCategory: HTML/CSSComment: 20

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Veritatis et quasi architecto.

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Judgements

Complaint against developer for delayed possession (2018-04-17)

Consumer Protection Act, 1986; Force Majeure -- Complaint against developer for delayed possession – Developer took the plea of Force Majeure on the ground that Authority failed to supply... 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

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.

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- Guidelines given by the Apex Court for settlement of the offence ---- THE... Read More

Cause of action to claim a relief of permanent injunction (2018-04-13)

Civil Law – Practice and Procedure – Held: Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are... Read More

Limitation in filing the complaint under the DV Act (2013-10-09)

Protection of Women from Domestic Violence Act, 2005; -- Whether limitation in filing the complaint under the DV Act, 2005 is one year – Held: In case of subsisting relatiohship of husband and... Read More

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Consumer Protection Act, 1986; S. 2(1) (d) ----- Whether land owner who entered into agreement with Developer for development of property is a consumer ------ What is required to be scrutinised... Read More

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of impotency is an act of cruelty to create a ground for divorce ----- Held: the unproved allegations of the wife that the husband was... 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

Life of dignity: Society must have sympathy towards the sex workers (2011-02-14)

Constitution of India, Art. 21 – Life of dignity – Society must have sympathy towards the sex workers – They are entitled to a life of dignity in view of Art 21 of the constitution... Read More

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Judgements

Complaint against developer for delayed possession (2018-04-17)

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

Registration of FIR (2013-11-12)

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Cause of action to claim a relief of permanent injunction (2018-04-13)

Limitation in filing the complaint under the DV Act (2013-10-09)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Family settlement of Property (2018-03-23)

Life of dignity: Society must have sympathy towards the sex workers (2011-02-14)

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Judgements

Complaint against developer for delayed possession (2018-04-17)

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

Registration of FIR (2013-11-12)

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Cause of action to claim a relief of permanent injunction (2018-04-13)

Limitation in filing the complaint under the DV Act (2013-10-09)

Whether land owner who entered into agreement with Developer for development of property is a consumer (2016-07-22)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Family settlement of Property (2018-03-23)

Life of dignity: Society must have sympathy towards the sex workers (2011-02-14)

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