Blogs

Does Criminal Complaint for settling Civil Dispute is an abuse of process of law?

The Supreme Court bench comprising of the Justices Aruna Mishra, S Abdul Nazeer and MR Shah passed an order in an appeal against a verdict of the Delhi High Court. The main issue raised in the matter before the Supreme Court was whether the filing of a criminal complaint about settling the civil dispute amounts to an abuse of process of law or not? Facts of the Case A person (Respondent No. 1) agrees into an agreement to sell in respect of house instituted at WZ1179, Plot No. 11, Rani Bagh, Shakur Basti, Delhi with two other people (Respondent No. 2 &...

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Suspension of the sentence even without issuing notice

A bench of Justice Banumathi and Justice Bopanna of Supreme Court in its latest judgment has passed the order of suspended the sentence of one woman convicted of cheque bounce case. This is done after taking into consideration the period undergone. The order is given under the case titled as R.Manimehalai vs. Banumathi. The petitioner has been convicted under Section 138 of the Negotiable Instrument Act, 1881 and is undergoing the sentence from 26.06.2019. Keeping in mind the period of a sentence and all the facts and circumstances of the case the Supreme Court issued the order even before the issuance...

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AYODHYA DISPUTE: BEGINNING TO PRESENT

The Ayodhya Dispute is the core of the communal rift among the Hindus and the Muslims. It has been more than five decades that the dispute has constantly caused some or the other issues in the country. The said matter has taken up the center stage since the appointment of the new Chief Minister of Uttar Pradesh, Mr. Yogi Adityanath. The total land involves a plot of 2.77 acres in Ayodhya, Uttar Pradesh. The conflict lies between the claims of the Hindus and Muslims. The Hindus claim emphasizes on the fact that the plot was the birthplace of...

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Can Section 149 IPC be charged without invoking Section 141 IPC?

The Supreme Court answers this question in an appeal raised to it from the decision of the Punjab and Haryana High Court. The bench of the Supreme Court for this case comprised of Justice Sanjay Kishan Kaul and KM Joseph. The appellants of the case were charged under Sections 148, 302, 307, 325 read with Section 149 of the IPC and Section 449 of the IPC. The question in the particular case was that if someone is charged under Section 149 of Indian Penal Code, 1860, is it necessary to invoke him under Section 141 of IPC also? ...

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Jammu and Kashmir (Reorganisation) Bill, 2019 Passed

On 5th August, 2019 the Central Government with political and legal precision, led a move in the Rajya Sabha to end the special status of Jammu & Kashmir, which became part of Union of India on 26th October 1947, through the “Instrument of Accession” (IOA) signed by the then ruler Hari Singh . Through this IOA it had its Constitution and framed own laws in all areas except defense, external affairs, and communications. By the end of the day, as per the order, President Ram Nath Kovind has exercised his power under Clause 1 of Article 370 and came out with...

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The requirement of the DNA Test will be ordered only after appropriate satisfaction

The Supreme Court comprising of the Justices Ashok Bhushan and Navin Sinha, dismissed the decision of the Andhra Pradesh High Court. The Court said that: "It (DNA Test) is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for the requirement of such test." The brief facts of the case are that the appellants obtained a fake caste certificate and with the help of that fake certificate, the accused obtained the employment as an Additional Assistant Engineer. Therefore, the accused was charged under the various provisions of the Indian Penal...

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Article 370 Scrapped

The President of India in the exercise of the powers conferred by Article 370(1) of the Constitution and with the concurrence of the Government of State of Jammu & Kashmir promulgated the Constitution (Application to Jammu & Kashmir) Order 2019 on 05th August 2019. It states that all the provisions of the Indian Constitution are applicable to the State of Jammu & Kashmir. The Constitution (Application to Jammu & Kashmir) Order 2019, shall come into force “at once”, and shall supersede the Constitution (Application to Jammu & Kashmir) Order 1954. As per the Gazette published by the Ministry of Law and...

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Criminalisation of Triple Talaq challenged in Supreme Court

A religious organisation of the Sunni Muslim scholars and clerics in Kerala Samastha Kerala Jamiathul Ulema has filed a petition in the Supreme Court challenging the Constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019 [https://mk0barandbenchgqge2s.kinstacdn.com/wp-content/uploads/2019/08/Muslim-Women-Protection-of-Rights-on-Marriage-Act-2019.pdf] which criminalizes the Tripe Talaq. The petitioner has contended that punishing Muslim man for pronouncing “Talaq Talaq Talaq” is violative of Article 14, 15 and 21 of the Constitution. The concept of Triple Talaq is based on Muslim’s religious identity. Violations of Article 14 As per Section 3 of the above-mentioned Act, any pronouncement of talaq by a Muslim husband upon his wife,...

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NGO Registration in India

In India, a trust, Sangathan, Sangh, Society and non-profitable company all full under the umbrella term of NGO. All of these said organization, if they are not for profit, are exempted from filing Income tax. An NGO can be registered under 3 Acts. Companies Act, Indian Societies Act, Public Trust Act of all different states. Legislation Governing Registration of NGO’s The Union of India and the relevant governing body permits the registration of an NGO under 3 laws. Section 8 under the Companies Act, 2013 Society under The Societies Registration Act 1860 Trust under the Public Trust Act of the individual states. All...

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How to file a Bail Application (Regular and Interim Bail)

 INTRODUCTION When police arrest a person accused of a crime. The person has a legal right to file for a Bail, for being considered being released from police custody. Bail is the process of getting released from police custody. To get the bail granted, the person has to execute a bail bond along with furnishing securities. The person has to comply with the bail bond and ensure his presence in front of the police or the Court whenever required to do so. Failure to do so can result in termination of the bail. Form 45 The concerned person shall submit Form No. 45 in the...

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