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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