Author: Advocate Amaresh Singh

DELHI HIGH COURT – THE LITIGATING PARTIES CANNOT ENTER INTO A COMPROMISE WHICH AFFECTS THE INTEREST OF THIRD PARTIES

Delhi High Court Date of Judgement: 18.03.2016 It is an elementary principle of law that no relief can be granted in a suit against a party not impleaded as a defendant. The litigating parties cannot enter into a compromise which affects the interest of third parties or casts a liability on them. It is the duty of a Judge to...

BOMBAY HIGH COURT- WHILE GRANTING ANTICIPATORY BAIL TO A MAN THE HON’BLE BOMBAY HIGH COURT OBSERVED THAT IF A MAJOR AND EDUCATED WOMAN GETS INTO PHYSICAL RELATIONSHIP WITH SOMEONE AND UNDERSTANDS ITS CONSEQUENCES, THEN IT WOULD NOT FALL UNDER THE AMBIT OF RAPE

Bombay High Court Date of Judgement: 10.03.2016 In the present case, a 25 years old man was accused of rape, cheating and criminal intimidation by his former 24 years old partner. In the complaint, she alleged that the accused had got her into a physical relationship on the pretext of marriage and later refused to marry her. Click Here To...

POWERS AND PROCEDURE OF DELHI CAW CELL (CRIME AGAINST WOMEN CELL)

In Delhi (CAW Cell) Crime Against Women Cell was established in 1983, under section 19 of the Delhi Police Act. After receiving a complaint from women, CAW cell examines the alleged offences, provide the assistance in reconciliation and prevents the miscarriage of justice, instead of straightaway registering the FIRs on complaints lodged by women. The first step in the CAW cell process...

SUPREME COURT OF INDIA – CAUSE OF ACTION ARISES WHEN THE REAL DISPUTE ARISES I.E. WHEN ONE PARTY ASSERTS AND THE OTHER PARTY DENIES ANY RIGHT

Supreme Court of India Date of Judgement: 12.02.2016 It shall now be consider the settled law on the subject i.e., cause of action. This Court in a catena of judgments has laid down that the cause of action arises when the real dispute arises i.e. when one party asserts and the other party denies any right. The cause of action in...

SUPREME COURT OF INDIA – THE LAW RELATING TO POWER OF ATTORNEY

Supreme Court of India Date of Judgement: 28.01.2016 (Para 42) The law relating to power of attorney is governed by the provisions of the Power of Attorney Act, 1882. It is well settled therein that an agent acting under a power of attorney always acts, as a general rule, in the name of his principal. Any document executed or thing...

SUPREME COURT OF INDIA – WHETHER THE EVICTION PETITION CAN BE DISMISSED ON THE GROUND OF NON-JOINDER OF ALL THE CO-OWNERS?

Supreme Court of India Date of Judgement: 28.01.2016 (Para 35) So far as issue pertaining to joinder of all co-owners in eviction petition filed against the tenant under the Rent Laws is concerned, the same also remains no more res Integra and stands settled by several decisions of this Court. In Dhannalal vs. Kalawathibai Ors. this Court took note of...

SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India Date of Judgement: 06.01.2016 The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him. In...

SUPREME COURT OF INDIA – COMPACT DISKS (CDS) ARE DOCUMENTS, CAN BE CONSIDERED AS EVIDENCE UNDER LAW

Supreme Court of India Date of Judgement: 24.11.2015 The Supreme Court of India has allowed compact discs (CDs) to be treated as a document under the law and said that the litigants should be allowed to prove or disprove such electronic proof in judicial proceedings. This appeal is directed against order passed by the High Court of Punjab and Haryana...

SUPREME COURT OF INDIA – ADMISSIBILITY OF UNREGISTERED DOCUMENTS IN EVIDENCE – ANY DOCUMENT WHICH HAS EFFECT OF CREATING OR TAKING AWAY ANY RIGHTS IN RESPECT OF AN IMMOVABLE PROPERTY MUST BE REGISTERED

Supreme Court of India Date of Judgement: 08.10.2015 Section 17 (1) (b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the Act imposes bar on the admissibility of an unregistered document and deals with the documents that...