Advocates Club

Advocates Club Blog

Criminal Law / Matrimonial Law

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...

Civil Law / Criminal Law

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...

Civil Law / Property Law

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...

Civil Law / Property Law

DELHI HIGH COURT – ADMISSIBILITY OF UNREGISTERED LEASE DEED IN EVIDENCE

Delhi High Court Date of Judgement: 30.09.2015 If a lease is not registered then no clause of the lease including the clause stipulating the period of the lease can be enforced. (Para 13) Since the lease deed was neither sufficiently stamped nor registered, the lease-deed is inadmissible in evidence and cannot be looked into for any purpose and no term of...

Civil Law / Property Law

DELHI HIGH COURT – BREACH OF CONDITIONS OF LEASE ENTITLES OPPOSITE PARTY TO TERMINATE LEASE AND WHERE BREACH IS BY TENANT, LANDLORD GETS RIGHT TO TERMINATE LEASE

Delhi High Court Date of Judgement: 12.08.2015 Transfer of Property Act, 1882 — Sections 106 and 111 — Banking Regulations Act, 1949 — Section 44A and Section 45 — Tenancy — Eviction — Assignment of tenancy rights by tenant — Lease-deed prohibits sub-letting/assignment without prior written consent of lessor — Breach of condition of lease entitles opposite party to terminate lease...

Cheque Bounce

DELHI HIGH COURT – SECURITY CHEQUE – THE SECURITY CHEQUE MAY BE ENFORCED IN THE EVENT OF FAILURE OF THE DEBTOR TO PAY THE DEBT OR DISCHARGE OTHER LIABILITY ON THE DUE DATE

Delhi High Court Date of Judgement: 14.05.2015 It makes no difference whether, or not, there is an express understanding between the parties that the security may be enforced in the event of failure of the debtor to pay the debt or discharge other liability on the due date. Even if there is no such express agreement, the mere fact that the...

Matrimonial Law

DELHI HIGH COURT – SECTION 24 OF HINDU MARRIAGE ACT – AD-INTERIM MAINTENANCE – WIFE IS ENTITLED TO SAME STANDARD OF LIVING WHICH SHE WAS ENTITLED TO LIVE ALONG WITH HER HUSBAND

Delhi High Court Date of Judgement: 03.03.2015 Hindu Marriage Act 1955 – Section 24 – Ad-interim maintenance – Quantum of – Respondent (Husband) has filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion – Respondent (Husband) has not been truthful in revealing his correct income and it is only a false statement made by respondent that...

Criminal Law / Matrimonial Law

SUPREME COURT OF INDIA – MATRIMONIAL DISPUTES – CODE OF CRIMINAL PROCEDURE SECTION 41 – INDIAN PENAL CODE SECTION 498-A AND DOWRY PROHIBITION ACT SECTION 4 – ANTICIPATORY BAIL AGAINST ARREST – PROVISIONS ARE USED AS WEAPONS RATHER THAN TOOL OF LAW

Supreme Court of India Date of Judgement: 02.07.2014 Supreme Court of India-Matrimonial Disputes-Code of Criminal Procedure Section 41 – Indian Penal Code Section 498-A  and Dowry Prohibition Act Section 4- Anticipatory bail against arrest – provisions are used as weapons rather than tool of law – attitude to arrest first and then proceed with the rest is despicable – it has...

Cheque Bounce / Criminal Law

DELHI HIGH COURT – BAILABLE OFFENCE & DECLARATION OF PROCLAIMED OFFENDER UNDER SECTION 82 & 83 OF CR.P.C & SECTION 174A OF INDIAN PENAL CODE

Delhi High Court Date of Judgement: 22.05.2014 The brief facts of the case are that the petitioner/ complainant lodged FIR under Sections 325/34 IPC and Vide order dated 09.12.2010, learned Metropolitan Magistrate, Delhi issued process under Section 82 Cr.P.C. against Respondent No. 2 and directed for publication in one leading newspaper having circulation in the concerned area. The Respondent No....