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Article 21 of Constitution - Rights

Constitution Of India Article 21 of Constitution & various dimensions added by SC:- 1. AK Gopalan V State of Madras : procedure established by law 2. Right to have fair procedure- Maneka Gandhi V UOI 3. Right to legal Aid- Hussainara v Home Sec , Bihar 4. Right to Public Trial- Vineet Narain V UOI 5. Right to go abroad- Satwant Singh Sawhney v. Assistant Passport Officer, New Delhi, Maneka Gandhi v. Union of India 6. Right to privacy- Kharak Singh v. State of U.P 7. Right against solitary confinement Sunil Batra v. Delhi Administration 8. Right against hand cuffing Prem Shankar v. Delhi Administration 9. Right to Medical Care- Parmananda Katara v. Union of India 10. Right to Health- Consumer Education and Research Centre v. Union of India 11. Right to Social Security and Protection of Family- L.I.C. of India v. Consumer Education and Research Centre 12. Right to Shelter- Chameli Singh v. State of U.P 13. Right To Livelihood- D.T.C. v. D.T.C. Mazdo

Judgements headings

Order 12 Rule 8 deals with the production of documents which may or may not be mentioned in the plaint or written statement by the party. A party can issue a notice to the other party which is in possession of the documents to produce the document.   Rent & Eviction - Rent deed - Registration - Clause in agreement as to increase of rent by 10% each year - It is a promise contingent on tenancy being continued beyond one year - It cannot make the tenancy year to year or tenancy for a period of more than one year - Rent note does not require compulsory registration. (2020(2) Apex Court Judgments 784 (S.C.)    SUPREME COURT OF INDIA (i) Consumer - District Forum has no power to extend time for filing of response to complaint beyond period of 15 days, in addition to 30 days - Such time limit of 30 plus 15 days in filing response to complaint is mandatory and to be strictly adhered to. (ii) Consumer - Filing response to complaint - Commencing period of limitation of 30 days, wo

Short notes on judgements

Possession - Illegal possession - Damages - Rs.3,000/- per month determined as damages after hearing the parties as to monthly rent which it could fetch in the market during period in question - Appellant directed to pay Rs.3,000/- per month from the date of illegal possession till date he vacates. (2019(1) Apex Court Judgments 377 (S.C.) CHHATTISGARH HIGH COURT Additional evidence at appellate stage - Rejection of application before hearing appeal on merits, is unsustainable and contrary to law. (2015(Suppl.) Civil Court Cases 707 (Chhattisgarh) PUNJAB & HARYANA HIGH COURT Complaint u/s 340 Cr.P.C. - Merely by ordering institution of complaint against appellants without conducting a fact finding inquiry as contemplated u/s 340 Cr.P.C. does not meet and satisfy the requirements of the provision - Complaint quashed. (2015(Suppl.) Criminal Court Cases 142 (P&H) KERALA HIGH COURT Cr.P.C. S.125 (3) -- Maintenance - Non payment for more than one month - Magistrate has discretionary

Practice and Procedure Relating to Proof of Documents

  The matter is called out, you walk into court confidently thinking all your documents will be marked because you have them neatly arranged in a compilation…15–20 minutes later you wonder why the documents are marked for identification and half your documents are not admitted. That senior who appeared just before me got his documents admitted….what happened to me? Well most of us have faced this at least in our junior days at the bar. Why did that happen? The answer lies in the realm of sufficiency of proof of the document sought to be marked. I’m going to discuss how to get over this as best as possible given the documents you have in hand in a given case. First we need to understand that evidence consists ­­of “documentary evidence” and “oral evidence” This article restricts itself to proof of documentary evidence. Documentary evidence under the Evidence Act, 1872 (the Act) is of various types: Broadly and most often we deal with “private documents” [1] . Document

20 legal rights every citizen of India should know

  1. According to the Motor Vehicles Act, 1988 , Section–185 & 202, the Police can arrest you without a warrant on the charges of drinking & driving if your alcohol consumption is more than 30mg per 100ml of blood. 2. According toCRPC, Section 46, no womencan be arrested after 6 in the evening or before 6 in the morning. 3. According to IPC, Section 166A , a police officer under any situation can not refuse to write a FIR. This is a punishable crime that may lead to a police officer being jailed between 6 months to 1 year. 4. According to Indian Series Act 1887 , Any kind of hotel doesn’t matter how big it cannot refuse you from using their washroom or drink their water. 5. According to IPC, Section 498 , if a married man gets involved in a physical relationship with a widow or unmarried girl by their consent then it is not treated as a crime. 6. According to Domestic Violation Act, 2005 , if an adult boy and an adult girl want to be in a living relationshipwith their cons

Cosequences of filing False complaint

  FIR or First Information Report is a document that is prepared by the on receiving details about a commission of a cognizable offence. This is the initiation of the proceedings in criminal cases so as to bring the guilty to law. FIR is lodged by a victim of a crime or a witness or a person who had the knowledge about the incident. FIR can be filed under Section 154  of the Code of Criminal Procedure. If FIR is not lodged by police, then under Section 154(3)  of the Code of Criminal Procedure can give the FIR to Superintendent of Police in written format or by post. If still the FIR is not registered, then under Section 156(3) of the Code of Criminal Procedure, Magistrate can order the police to register FIR. But when a false FIR is filed then what has to be done? Then what can the person do on having a false FIR against him? What Steps To Be Taken If False FIR Is Registered? This when the person who lodges false FIR against the other person so as to implicate him. So

Cheque bounce case

1.  Cheque Presentation:- The cheque to the bank should be presented within three months from its date of issue, otherwise, the cheque would expire. 2. Demand Notice If the cheque bounces, the recipient of the cheque has an option to send a demand notice to the issuer of the cheque. The demand notice usually asks the issuer to transfer the requisite funds within 15 days, failing which the recipient would file a complaint under Section 138 of the Negotiable Instruments Act. This demand notice has to be sent within 30 days of receiving the bounced cheque from the bank. The court may consider a delay if a justifiable reason is provided.  ​3. Take a Legal Action against the Drawer In case the drawer fails to make the requisite payment within 15 days as prescribed in the cheque bounce notice, the payee can file a complaint against him in the court within 30 days of the expiration of the prescribed 15 days.  4. Documents Required to file a Cheque Bounce Complaint Return