The Sessions Judge is vested with power to set aside an illegal order of the District magistrate cancelling bail given by the Sub-Divisional Magistrate. Court of Sessions does not have powers to stay operation of order of bail granted by Magistrate. The Sessions Judge is empowered to interfere with an order of the Magistrate under […]
The Supreme Court’s guidelines in Rajesh Sharma and others vs. State of Uttar Pradesh as well as another in cases relating to complaints U/S 498A of the Code of Criminal Procedure has left the entire nation in immense confusion. Ours is a country in which the rights of women are hoped to be protected by […]
“Team approach” counts as more than just a mantra for our firm. It has been the very framework of our success in all these years. Our Chandigarh criminal defence lawyers are the best in the city as they are former prosecutors and attorneys who have received their law degrees from some of the most renowned […]
Special requirements where the wife claims maintenance (i) The wife ought not to be living in adultery: According to Section 125(4) of the Code of Criminal Procedure, no wife living in adultery would be entitled to receive the maintenance allowance from her husband stated under Section 125 or even the interim maintenance and the expenses […]
Conditions essential maintenance to be granted: (i) Sufficient means to maintain: As per Section 125(1) of the Code of Criminal Procedure, the person from whom maintenance is sought should have the means sufficient to maintain not just himself but also the person who has claimed maintenance. In this case “means” does not refer only to […]
Legal provisions pertaining to order for maintenance of wives and children, under section 125 of the Code of Criminal Procedure, 1973. Maintenance proceedings are not something directed at punishing people for their behavior or neglect in the past. Maintenance is ordered to cap a state of vagrancy that may make people resort to crime when […]
Exercise of inherent powers for quashing the proceedings at initial stage is permitted only where the allegations made in complaint or FIR even if taken at their face value or accepted in their entirety, do not prima facie point to any offence being committed or where uncontroverted allegations made in FIR or complaint and evidence […]
397. Calling for records to exercise powers of revision (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of […]
For Hindus in India, divorce is enforceable in two ways under the Hindu Marriage Act, 1955. They are listed below: One way is through mutual consent under Section 13B of the same act. The other way is through the wish of any one of the parties involved. In the event that one of the parties […]
Section 125 of the Criminal Procedure Code, 1973 has been legislated as a tool for dispensing social justice. Under this, an effective remedy is provided to neglected people for seeking maintenance. But who all are eligible for it? Who Can Claim Maintenance? Section 125 enables any of the following people to claim maintenance Wife A […]
Quashing means puts an end toward something. One of the primary functions of law is to provide justice to the aggrieved party. A person being aggrieved party files a complaint FIR in police station. Now depending on case to case an FIR may consist of different offences whether compoundable or not. The concept of Quashing […]
Anticipatory bail is a term which is not defined clearly. Anticipatory Bail means that in case a person is arrested then he is to be granted bail. It is a pre-arrest order passed by the Court. The basic difference between regular bail and anticipatory bail is that regular bail is granted after arrest and anticipatory […]
Section 437 deals with matters of bail in non bailable offences. The bail in cognizable cases should be allowed after administering the guilt of accused NRI, nature and gravity of offence and the justice to victim. This section provide power to the magistrates to grant the bail. The section provides that bail shall not be […]
Quashing of FIR means to stop the legal producing which are set in motion. The quashing of FIR can be done before filing the charge sheet and also after the charge sheet is filed. Section 482 of this code does not provide what exactly are the inherent powers of the court. There are some landmark […]
Anticipatory Bail is pre arrest bail. When a person apprehend this arrest for a crime which has not been done by him so the files the application for the anticipatory bail in the High Court or Court of Session. The main reason for adding this provision under section 438 is to stop harassing unnecessarily by […]
Bail refers to the orders given by the magistrate to release an offender from the police custody on fulfillment of the conditions. Section 436 of Criminal Procedure Code, 1973 deals with the procedure of bail under bailable offences i.e. offences dealing with a punishment of less than 3 years. Under this section, one can claim […]
Section 482 of Criminal Procedure Code, 1973 provides for the inherent powers of the High Court under which to prevent the above of process of court or to meet the end of justice, High Court can Quash a FIR. A FIR is filed by the aggrieved party against the wrong does but sometimes this end […]
A complaint is one in which one expresses his/her grievances by stating the facts and situations of the case the approaches the police and files a complaint expressing his/her grievances. India, though, have a bad reputation when it comes to reporting of crime but the laws provides for a full procedure in which one can […]
Marriage is a sacred union in which two person of opposite sec form a legal union in exclusion to other. In a marriage two persons are generally required to live together. S. 498 A of Indian Penal Code talks about a situation of martial cruelty in which a wife is harassed by her husband is […]
Divorce is the legal dissolution of the marriage which implies that the spouse are not happy in the marriage and are asking for the dissolution or an end to the marriage. In India, the Hindu Marriage Act, 1955 under Section,3 provides for various grounds under which a decree of divorce can be obtained. For obtaining […]
In India the universal law for custody of children is the Guardianship and wards Act, 1890. Child custody means when the parents are not willing to live together due to any dispute then with whom will the child reside on with whom the rights to deal with the child recede. This usually happens is divorce […]
In India, article 21 of the Constitution provides for the ‘Right to Liberty’. This provides that one have a complete right of freedom and liberty and can roam freely and there are no restrictions to his/her movement. Section 438 of Criminal Procedure Code provides for Anticipatory Bail. A bail is the legal release of a […]