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plaintiffs are not in possession of the suit property therefore, the suit merely for declaration is not maintainable in view of the bar under section 34 of Specific Relief Act. 7) Having heard the learned counsel for parties and on perusal of the record it is noticed that parties are members of same family and suit has been filed by respondents no.1 to 5 plaintiffs with the plea that their ancestor Motilal had purchased the suit property in the name of his wife Smt. Sohanbai who was wholly dependent on him having no source of income to maintain herself. It was further pleaded that Sohanbai alongwith plaintiffs was residing in the suit property and when plaintiffs had purchased the separate house, Smt. Sohanbai had continued to live alone in the suit property. In the suit, plaintiffs have claimed that they have share in the suit property and accordingly prayed for partition and also declaring the gift deed executed by defendant no. 2 in favour of defendants no. 3 and 4 (petitioners ...

Difference between stridhan and dowry Although ‘Stridhan’ and ‘Dowry’ are entirely different, they are generally misconceived to mean the same.  Under Indian law, dowry means any property or valuable security that is given or agreed to be given by the bride’s side to the bridegroom’s family before, after or during the time of marriage. The main difference between ‘dowry’ and ‘Stridhan’ is the element of “demand, undue influence or coercion” that is present in the former but absent in the latter. Stridhan is a gift that is voluntarily given to the women and it is not the result of demand, undue influence or coercion. Legallites Law Firm 8851250058

How to appreciate evidence in case of theft of electricity?   From the aforesaid facts, it can be noticed that theft of electricity has been presumed solely on the basis of availability of cut in the incoming PVC of the house of the neighbour. The incoming PVC of the house of the neighbour happens to pass near to the Chhajja of the house of the plaintiff. No pilferage of the electricity was found at the spot either on 04.06.2017 or on 05.06.2017. In the LLI report dated 04.06.2017, blinking of the meter was found to be stopped, but in LLI report dated 05.06.2017, no such feature was noticed by the inspecting team.   The blinking and non-blinking of the meter was directly proportional to the stoppage of supply by the consumer herself in her house. The said event can happen in case of no supply from the department and the supply is being generated through the mechanism of genset. In such eventuality, blinking of the meter would stop. This fact has been admitted by DW 1 Mandeep S...

_ Sections.376(2)(g), 506 IPC  Gang rape Age of prosecutrix  Nothing divulged as to what was exact date of birth of prosecutrix - No supporting document like birth certificate or school record was produced or proved-Apparently, prosecutrix and her family members attempted to conceal exact age of prosecutrix which was crucial to ascertain guilt of preprators of crime - Huge gap between age relied upon by prosecution and one found in ossification report remained unexplained Prosecutrix, held, to be above 16 years of age on the day when physical relations were established with her. [ Para 17 to 18 ]*_ _*Terjinder Singh v/s State CRL-A 267/13 [ SP GARG JJ ]*_ _*[ DELHI HIGH COURT ]*_ Legallites Law Firm 8851250058

*Automatic Bail* If the investigation is not completed by IO ( police) and charges sheet not filed with in 60 days /90 days(in henious offence like murder, rape,etc)  Right of Accused to be Released on Bail if Investigation not Completed within Prescribed period-  Right of Accused to be Released on Bail– In this recent case, the Supreme Court has deliberated on the law pertaining to right of bail when the investigation is pending and is not completed within the period as prescribed under Section 167(2) of the Code of Criminal Procedure (CrPC). *Case name: Achpal @ Ramswaroop & Another v. State of Rajasthan* The Two-Judge Bench of the Supreme Court heavily relied on its verdict in the case of Uday Mohanlal Acharya v. State of Maharashtra, which elaborated on the law on the point as to the rights of an accused who is in custody pending investigation and where the investigation is not completed within the period prescribed under Section 167(2) of the Code. In Uday Mohanlal ca...

_*• Sections 364A, 34 and 395 IPC - Evidence Act, Section 63(b) - Kidnapping Demand of ransom Out of three persons abducted driver released very next day whereas other two kept in captivity for 52 days Different treatment accorded to all abductee - Letter written and signed by abductee asking to pay ransom and secure their release Demand for ransom also stand established from conversations between informant and and kidnapper on mobile - Demand of ransom established - Ransom actually paid or not, not relevant. [Paras 30 and 31]*_ _*Birbal Choudhary v/s State of Bihar CRL-A 701/12 06/10/17 [ AK SIKRI JJ ]*_ _*[ SUPREME COURT ]*_ *_______________________ Legallites Law Firm 8851250058  

_ Hindu Marriage Act, Sections 9 and 12(1) and (2) Petitions for annulment of marriage on the ground of mental disorder of wife by husband and for restitution of conjugal rights by wife Once the petition for annulment of marriage filed by husband on the same ground is rejected, decree for restitution of conjugal rights in favour of wife because of his refusal to take her with him on the same ground, has to up held. [Para 54]*_ _*Tallam Suresh Baby  v/s T Swetha Rani FCA 105/14 [ N BALAYOGI JJ*_ _*[ ANDHRA HIGH COURT ]*_ Legallites Law Firm 8851250058  

_*• NDPS ACT Section 20 Ambit of Possession has to be conscious possession The initial burden of proof of possession lies on the prosecution Once the same has been discharged, the burden would shift on the accused Once possession is established by the prosecution, the Court can presume that the accused had the necessary culpable mental state and has committed the offence. (Para 15)*_ _*Irwin Bin Hassim v/s Anil Kumar CrL-A 997/11 09/10/17 [ SANGITA JJ ]*_ _*[ DELHI HIGH COURT ]*_ *________________________

_*HEADNOTE:-  Sections 302, 34 IPC Murder of wife by husband -Accused were persistently making demand of dowry from deceased and her family members and they used to harass her for such cause - Story of suicide as propounded by accused is wholly unreliable, as it is difficult for a person to commit suicide by using DBBL gun and that too by firing 7 gun shots one after the ofher, as7 gunshot injuries were found on the body of deceased - Death occurred inside the house and at the time of incident deceased has been staying with her in-laws and accused persons - No explanation given by accused for the occurrence - Involvement of accused in commission of crime is established on record -Accused rightly convicted [ Para 33 to 41 ]*_ _*Chandra Bhawan v/s State of UP CRL-A 654/18  01/05/18 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_

_*SC CRL*_ _*Party Name:- Madan v/s State of Maharashtra*_ _*Case No:- CRL-A 1025/11*_ _*Date:- 06/02/18*_ _*HEADNOTE:- Evidence Act Section.32 Section 302 IPC Two dying declarations - Murder - Death by burning - Deceased described the incident in both the dying declarations and declared the name of accused to be culprit in clear and categorical terms - Both the dying declarations are consistent and in clear terms points to guilt of accused allegedly recorded by Executive Magistrate and Head Constable respectively-No suspicion over genuineness of dying declaration as Executive Magistrate recorded the same after obtaining due permission from Doctor - Dying declarations of deceased not suffering from any infirmity and they inspire confidence and can form sole basis for conviction of accused -Accused rightly convicted. (Paras 8, 13 & 15)*_

NI ACT  Sections 138 and 141(2)- Offence by company -Cognizance of Complaint against Director of Company who was not a signatory of the cheque Specific averment as to role of the accused director has to be made in the complaint that, either he was managing or incharge of affairs the company on the date of commission of the offence - In the absence of any such averments, the complaint is not maintainable against him and is liable to quashed to prevent abuse of process of law and the court - Impugned order taking cognizance of the offence against the petitioner quashed. [Para 7]*_ _*Bibhuti Bhushan v/s Orissa Small In Co ltd CRl-MC 2997/03 [ SK SAHOO JJ ]*_ _*[ ORISSA HIGH COURT ]*_

_*• 0RDER .23.RULE.1(3) CPC permission to file fresh suit on the same subject matter -Defendant can object to such prayer made by plaintiff-In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms. (Para 26)*_ _*Anil Kumar v/s Vijay Pal CA 2007/17 30/11/17 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_ *_______________________

Domestic Violence Act Sections.21, 23(2) Ex parte order- Interim custody of child  Magistrate is empowered to pass an ex parte order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent However, Magistrate has got power to revoke the ex parte order if he is satisfied that order has been obtained by aggrieved person by suppression of material facts or misrepresentation or by playing fraud upon Court. (Para 9)*_ _*Vinay Gupta v/s Saveri CrL-R 635/16*_ _*[ ORISSA HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

*DHC CRI**Party Name:-State V. Sanjay Singh**Case No:-CRL.A NO.766/17**Date:-8-1-18**S.MURALIDHAR & I.S MEHTA JJ**(HEADNOTE)Indian Penal Code, 1860, S.304-B-Dowry death-Quantum of sentence - Keeping in view long period of trial and re-trial and that accused has already undergone imprisonment of 7 years including remission u/s 498-A IPC, accused is sentenced to R.I. for 7 years, including remissions already earned and said sentence will be concurrent with sentence u/s 498-A IPC - Since, accused has already served out his sentence awarded to him for the offences u/s 304-B and 498-A IPC, inclusive of remission, therefore, he need not to surrender to serve out any remaining period of sentence Accused acquitted* Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

Section.306 IPC Abetment of suicide 'Instigation' is to be gathered from the circumstances of the case- In a particular case, there may not be direct evidence relating to instigation, having a direct nexus to the suicide - There may be case where the circumstances created by the accused are such that an individual may feel completely frustrated and finds it difficult to continue existence. (Para 50)*_ _*Siva Kumar v/s State CRL-A 593/14 [ VENUGOPAl JJ ]*_ _*[ MADRAS HIGH COURT ]*_ *__________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

_*- Hindu Marriage Act Section 13 (1)(i-a Divorce Cruelty Respondent not willing to reside with appellant/husband, she also suggested that mother in law should be sent to old aged home or that parties may reside separate without obtaining divorce Respondent indifferent and casual towards matrimonial obligations and institute of marriage itself which is sacrosanct and required to be honoured by both- parties Insisting upon husband to live separate from his mother, who is aged about 68 years and is suffering from cardiac problem is by itself a cruelty Appeal allowed. (Paras 12 and 13)*_ _*Prabir kumar v/s Papiya Das FAM 97/14 [ PRASHANT KUMAR JJ ]*_ _*[ CHHATTISHGARH HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

_*NDPS ACT Section.20 Recovery of 435 gms charas Weighment of contraband Prosecution demonstrate that recovered contraband was weighted with Government electronic weighing machine - But the same was not available in police station on the relevant day Conflicting statements of PWs regarding weighment of recovered charas Independent witness not associated Non production of seal is one of material consideration which goes to root of prosecution story Seal was not handed over to third person but to police official that too of rank of ASI Prosecution failed to prove conscious possession of any of accused Discrepancies, inconsistencies and contradictions were found in statements of PWs Benefit of same goes to accused -Accused acquitted.(Paras 16, 18, 19, 21, 25 & 29)*_ _*State of HP v/s Ramesh CRL-A 557/12 [ TARLOK JJ ]*_ _*[ HIMACHAL PRADESH HIGH COURT ]*_ *________________________ Contact us Legallites Law Firm  Chamber Number 1416 Rohini court Delhi 110085. Mob:- 8851250058

_*• Order 39, Rules 1 and 2 CPC  Temporary Injunction Finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to the disposal of such interlocutory proceedings - They do not influence the decision which is eventually rendered in the suit on merits as the same is rendered on the basis of evidence which is adduced in the suit. [Para 16]*_ _*Akriti Land v/s Krishna CA 5205/17 13/04/17 [ RK AGRAWAL JJ ]*_ _*[ SUPREME COURT ]*_ *________________________ Contact us Legallite Law firm Ch.no 1416 Rohini Court Delhi 11085 Mob:- 8851250058

_- Section .376 IPC S.482 Crpc Quashing of FIR  Rape Promise of marriage  Prosecutrix claimed in FIR that sexual relations were established when they were school students -Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or without her consent - Even in FIR, complainant has prayed that she wants to marry accused and get settled down Complainant who appears to be enamoured by the accused and his status in the society used the present prosecution to somehow or the other to attain her goal of marrying him - FIR is nothing but a misuse of criminal process FIR quashed. (Paras 8 & 9)*_ _*Sanjay Singh Jethi v/s State of Rajasthan CRL-MisP 4462/17 [ SANDEEP METHA JJ ]*_ _*[ RAJASTHAN HIGH COURT ]*_ *________________________ Contact us Legallite Law firm Ch.no 1416 Rohini court Delhi 110085

_*- Sections.302, 201 IPC Double murder - Circumstantial evide Deceased and her daughter found dead in their room with burn injuries- Medical evidence shows that death occurred due to strangulation-Room where incident seurd were oecupied by deceased, her daughterand her husband/accused-However, theere is ao evidence on record that accused was at or around his residence at relevant time None of PWs supported demand of dowry and harassment -No evidence on record prwing guit of accused-Accused acquitted. Canes neferred (Paras 9, 10, 13 & 15)*_ _*State of Rajasthan v/s Ramanand CRl-A 357/08 [ ADARASH KUMAR JJ ]*_ _*[ SUPREME COURT ]*_ *_______________________ Contact us Legallites Law firm Ch.no 1416 Rohini court  Delhi 110085 Mob :- 8851250058

_*• Order 6, Rule 17 CPC Amendment of written statement-In case of amendment of written statement, approach should be liberal-A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure- Power to allow amendment is wide and can be exercised at any stage of proceedings in interest of justice. (Para 7)*_ _*Amar Singh v/s Nirmal Singh CR 4637/15 11/04/16 [ DARSHAN SINGH JJ ]*_ _*[ PUNJAB & HARYANA HIGH COURT ]*_ *_____________________________ Contact us Legallites Law firm Ch.no.1416 Rohini court  Delhi 110085 Mob :- 8851250058

🎓🎓2016 (6) CTC 209 Satbir Singh Bakshi vs. Saroja and ors.  Date of Judgment : 17.10.2016   Code of Civil Procedure, 1908(5 of 1908), Order 9, Rule 7 – Defendant set ex parte – Ex  parte Order – Limitation – Application was filed to set aside ex parte Order at time of cross  examination of Plaintiff’s witness – Trial Court dismissed Application on ground of belatedness –  *There is no limitation for filing Petition to set aside ex parte Order* – Failure to adduce specific reason  for non-appearance and non-filing of Written Statement is not fatal – Court can condone absence of  party to advance cause of justice – Application can be entertained before pronouncement of Judgment  – Participation by Defendants in Trial proceedings cannot be denied even if he does not show any good  cause.🎓🎓 Contact us Legallites Law firm Ch.no. 1416 Rohini court Delhi 110085 Mob :- 8851250058

Pocso Act  सजा के कड़े प्रावधान पॉक्सो एक्ट के तहत अलग-अलग अपराध में अलग-अलग सजा का प्रावधान है और यह भी ध्यान दिया जाता है कि इसका पालन कड़ाई से किया जा रहा है या नहीं। इस एक्ट की धारा 4 में वो मामले आते हैं जिसमें बच्चे के साथ कुकर्म या फिर दुष्कर्म किया गया हो। इस अधिनियम में सात साल की सजा से लेकर उम्रकैद तक का प्रावधान है साथ ही साथ जुर्माना भी लगाया जा सकता है।   वहीं एक्ट की धारा 6 के अधीन वो मामले आते हैं जिनमें बच्चों के साथ कुकर्म, दुष्कर्म के बाद उनको चोट पहुंचाई गई हो। इस धारा के तहत 10 साल से लेकर उम्रकैद तक की सजा का प्रावधान है साथ ही जुर्माना भी लगाया जा सकता है। अगर धारा 7 और 8 की बात की जाए तो उसमें ऐसे मामले आते हैं जिनमें बच्चों के प्राइवेट पार्ट्स या गुप्तांग में चोट पहुंचाई जाती है। इसमें दोषियों को 5 से 7 साल की सजा के साथ जुर्माना का भी प्रावधान है।   पॉर्नोग्राफी दिखाना भी है अपराध   बता दें कि 18 साल से कम किसी भी मासूम के साथ अगर दुराचार होता है तो वह पॉक्सो एक्ट के तहत आता है। इस एक्ट के लगने पर तुरंत गिरफ्तारी का प्रावधान है। इसके अतिरिक्...

_*🎓🎓THE DELHI HIGH COURT*_       _* CRIMINAL CASE*_ _*01 =   Section 374(2)  CRPC   Sec. 302 IPC  Murder Conviction & sentence  Challenged  Hostile witness Conduct  Witness PW15 was put to cross-examination, but accused did not cross-examine witness despite opportunity being granted PW12 corroborated testimony of PW15 Testimony of PW32 also establishes presence of PW15 at spot immediately after incident PW15 presence at house of deceased was natural, he being domestic servant of deceased Statement of witness PW-24,  Jaswinder Singh @ Jassa v/s State CRL.A. 1402/2014 03/07/18*_ _*02 =  Protection of Women From Domestic Violence Act, Section 12 Interim maintenance-Mere fact that spouse with whom the child is living is having a source of income, even if sufficient, would in no way absolve other spouse of his obligation to make his contribution towards maintenance and welfare of child, even if, means/income/salary o...

*DISHONOUR OF CHEQUES - VERY IMPORTANT CASE LAW* *Dishonour of cheque  -  Source of income to advance loan - Non filing of Income Tax Return by itself does not mean that complainant had no source of income. (2019(2) Civil Court Cases 306 (M.P.)*  *Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged. (2019(2) Criminal Court Cases 522 (Delhi)* *Dishonour of cheque  - Stop payment - In fact it amounts to the fact that amount of money for payment to drawee in relation to that cheque was not sufficient in bank. (2017(3) Criminal Court Cases 316 (All.)* *Dishonour of cheque -  Accused is entitled to lead evidence on affidavit. (2019(2) Criminal Court Cases 675 (Gujarat)* *Dishonour of cheque -  Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable. (2017(4) Criminal Court Cas...

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