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  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 imp...

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 Che...

  Any act or omission which is prohibited by law and is punishable by law is a crime. The punishment for such crime is decided by following procedures of criminal trial. The criminal trials in India are well established statutory, administrative and judicial framework. The whole criminal law consists of three main acts – 1. Indian Penal Code, 1860 2. Code of Criminal Procedure, 1973 3. Indian Evidence Act, 1872. Classification of Criminal Law Substantive Criminal Law or Real Criminal Law Procedural Criminal Law or Adjective Criminal Law 1.    Indian Penal Code, 1860 1.    Code of Criminal Procedure, 1973 2.    Indian Evidence Act, 1872 Indian Penal Code and Code of Criminal Procedure are together known as “twin sisters” of criminal law. Code of Criminal Procedure (Cr. P. C.) is the procedural law for conducting a criminal trial in India. The procedure includes the manner for collection of evidence, examination of witnesses, ...

  Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 require the couple to be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period. Procedure for Divorce with Mutual Consent 1. Filing the Petition The husband and wife will both need a lawyer to handle the matter of the divorce. The lawyers will have them file for the divorce at one of the following places: 1. Where the two last resided. 2. Where the two were married. 3. Where the wife currently resides. 2. Grant of First Motion Now that the two parties have filed the petition, they must record their statements in the presence of the judge at a district co...

 According to a successful lawyer, it is very necessary to know the basic principles of drafting a plaint, written statement, petition etc.. The result of the whole case is completely depends on the strength of pleading and well-drafted pleadings are the stepping stone for getting the justice in court.  Pleading in a Suit: below : BasicPleading is defined in the code of civil procedure in O 6, RULE 1.as below:-   "pleading" shall mean plaint or written statement." Order 6 Rule 2 says pleading to state material facts and not evidence.2 (1)every pleading shall contain and contain only a statement in concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proThe basic principle of pleading is that "pleading should refer  to fact alone, it should not be argumentative averment."(M/s strong construction v. state of u.p. AIR 2005 All 224), Mandatory r...

Procedures for marriage between Hindu girl and Muslim Boy The marriage between a Hindu girl and a Muslim boy is considered under the Hindu law, Muslim Law and Special Marriage Act, 1954. Muslim Law In the Muslim law, the Hindu girl has to convert into Islam for validation of the marriage. The Muslim law has specific provisions for its conversion. In the Muslim marriage, there is a need for proposal (Ijab) from one party and also acceptance (Qubul) from the other for getting the contract between them. Also, the consent to marriage will be free of coercion, fraud or undue influence. Hindu Law Hindu law does not contain any provisions for conversion. There will be ceremonies like Namakarana Samskaras in which an individual adopts the traditional Hindu name or Yajna will be held. Arya Samaj also offers service for procedural conversion to Hinduism. The Muslim boy can convert to Hinduism and sanctify the marriage according to Hindu rites that will bring it un...

SUPREME COURT OF INDIA (i) Electricity Act, 2003, S.56(2) -- `First due' - Electricity charges become `first due' only after the bill is issued to the consumer, even though liablity to pay may arise on the consumption of electricity. (Para 6.6) (ii) Electricity Act, 2003, Ss.56(1), 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - S.56(1) of the Act confers a statutory right to the licensee company to disconnect the supply of electricity, if the consumer neglects to pay the electricity dues - This statutory right is subject to the period of limitation of two years provided by S.56(2) of the Act. (Para 7.3) (iii) Electricity Act, 2003, S.56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - Limitation of two years - Commences from the date on which the electricity charges become `first due'. (Para 7.4) (iv) Electricity Act, 2003, S.56(2) -- Electricity dues - Non payment - Disconnection of electricity connection...

Evidence Act, 1872, S.3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of eye witnesses - Acquittal calls for no interference. (Para 12) According to the two eyewitnesses PW1 and 2, all the four fire arm shots hit the deceased on the head. According to the doctor there were only two entry wounds. This also belies the statement of the so called eyewitnesses according to whom the accused gave four fire arm injuries on the head of the deceased. The doctor was a prosecution witness and the prosecution cannot be heard to say that his statement should not be relied upon. The prosecution did not pray that the doctor be declared a hostile witness. Therefore, we have to go by the statement of the medi...

SUPREME COURT OF INDIA Abetment of suicide - Mere allegation of harassment of deceased is not sufficient unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence. (2019(3) Criminal Court Cases 616 (S.C.) ALLAHABAD HIGH COURT Alteration of charge - Waiver of right to further examine any witness - Does not impair or affect the right of defence to seek further cross examination of any witness. (2019(2) Criminal Court Cases 525 (Allahabad) ALLAHABAD HIGH COURT Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police. (2020(2) Criminal Court Cases 740 (Allahabad) SUPREME COURT OF INDIA Bail - New offences added thereafter - It is not necessary that in all cases earlier bail should be cancelled by Court before granting permission ...

  RAJASTHAN HIGH COURT Bail - Kidnapping and rape - In statement u/s 161 Cr.P.C. prosecutrix stated that she went with accused of her own will and accused had not done anything wrong with her - However, later on in her statement recorded u/s 164 Cr.P.C prosecutrix levelled allegation of kidnapping and sexual assault under pressure of her family members - Bail granted to accused. (2020(2) Criminal Court Cases 749 (Rajasthan) DELHI HIGH COURT Contraband - Compliance of S.50 NDPS Act - Not applicable when it is a chance recovery. (2020(2) Criminal Court Cases 785 (Delhi) KERALA HIGH COURT Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation is mandatory - Non exercise of such power can only be under very exceptional circumstances. (2020(2) Criminal Court Cases 229 (Kerala) PUNJAB & HARYANA HIGH COURT Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a frien...

ANDHRA PRADESH HIGH COURT Abatement of suit - Death of defendant no.2 - Question of abatement of suit as against defendant no.2 does not arise, as defendant no.1 being mother of defendant no.2 is already there on record. (2020(2) Civil Court Cases 365 (A.P.) DELHI HIGH COURT Deletion of defendant Nos.4 and 5 as parties to suit - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside. (2020(2) Civil Court Cases 255 (Delhi) KRANTAKA HIGH COURT Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint. (2020(2) Civil Court Cases 390 (Karnataka) KERALA HIGH COURT Dishonour of cheque - Signatures - Expert opinion - In reply notice plea of security cheque raised - Order allowing application for expert opinion set aside. (2020(2) Civil Court Cases 356 (Kerala) DELHI HIGH COURT Dispossession - Settled possession - Posses...

MADHYA PRADESH HIGH COURT Domestic Violence - Marriage between parties not solemnized as per law - Prima facie no evidence to establish that they were living together since long - Order granting interim maintenance set aside. (2019(2) Criminal Court Cases 626 (M.P.) PUNJAB & HARYANA HIGH COURT Family settlement - Unless said family settlement/partition is reported to Halqa Patwari and got finalised and incorporated in the revenue record, same could not be recognized as a family partition. (2019(4) Civil Court Cases 376 (P&H) PUNJAB & HARYANA HIGH COURT Interim injunction - Disobedience - Once interim injunction order is vacated, there can be no initiation or continuation of proceedings U.O.39.R.2-A CPC. (2019(2) Civil Court Cases 750 (P&H) ORISSA HIGH COURT Maintenance pendente lite - Marriage declared null and void - Appeal by wife - Claim of wife for maintenance pendente lite is maintainable in such an appeal. (2020(2) Civil Court Cases 585 (Orissa) PUNJAB & HARYA...

  The civil suit is the complaint that we filed in any civil matter, commonly is known as the civil case. The first stage of filing civil suit in India is the presentation of the plaint. In law, plaint means an accusation or charge. All the pleadings are beginning with the plaint. The following given are should include in the plaint. It contains the name of the Court where the suit is filed. The details like name, address, and des c r i p tion of the corresponding plaintiff. Name, address and other details of the opposite person that is the defendant. The details regarding the reason and where it happens. The claim that the plaintiff asked. The following given are the several reasons that the court reject the plaint. In the plaint, there is not enough des c r i p tion of the cause. The plaintiff fails is not evaluated in the desired time limit. In the case of court fee stamp is inefficient. In the plain, there is not sufficient cause for action. The second step to fi...