Latest Legal Advice & Articles
Stepmother can get share in ancestral property after death of father
My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.
I lied to my boyfriend about my divorce now he refuses to marry
In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?
Can a single accused seek quashing of FIR
An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?
School authorities are creating a private nuisance
I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?
My wife and her family don’t allow me to meet my daughters
My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.
Stepmother adopted a son when she already has a biological son
Father died. Mother got second marriage they adopted her child. In this situation who is father of the child? Who is the grandfather of child?
Husband denied to access my matrimonial home
I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.
However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.
CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?
I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?
Terminated from service on the ground of bigamy
Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.
Alleged Forgery and Misrepresentation: Discrepancies in BPCL Petrol Pump’s Diesel Storage Reported to PESO
Petroleum & Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation’s petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records. The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL’s reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter ?
All Legal Advice
My wife and her family don’t allow me to meet my daughters
My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.
Stepmother adopted a son when she already has a biological son
Father died. Mother got second marriage they adopted her child. In this situation who is father of the child? Who is the grandfather of child?
Scene Investigation: in case of unexpected deaths
Scene investigation is a critical component of the process when dealing with sudden, unexpected, or violent deaths. It involves meticulous examination and documentation of the location where the incident occurred. Here is a breakdown of the key elements involved in a...
Sudden death: Investigation process
Sudden death: The process of investigating sudden, unexpected, or violent deaths is typically conducted by forensic professionals, such as forensic pathologists, medical examiners, and forensic investigators. This process involves several key steps: Scene...
Delving into the Realm of Forensic Pathology
In the intricate world of criminal justice, where truth often lies hidden beneath layers of evidence, forensic pathology emerges as a beacon of scientific illumination. This specialized field of medicine bridges the gap between the living and the deceased, employing...
Husband denied to access my matrimonial home
I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.
However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.
CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?
I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?
Terminated from service on the ground of bigamy
Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.
Alleged Forgery and Misrepresentation: Discrepancies in BPCL Petrol Pump’s Diesel Storage Reported to PESO
Petroleum & Explosives Safety Organisation (PESO) issues license to Bharat Petroleum Corporation’s petrol pumps for storage of Petrol/Diesel. A petrol pump of BPCL illegally filled diesel in a tanker beyond the permissible limits for which a complaint was lodged by me with PESO. PESO asked for an explanation. In its reply, the BPCL officer under reported the quantity of diesel filled in the tanker and in support of his claim, submitted a forged sales data which was prepared after deleting sales entries from the computerised records. The fact that the sales data was forged was brought to the notice of PESO by me after PESO shared BPCL’s reply with me. PESO again questioned BPCL to which they confirmed that their dealer had deleted entries from the data. Subsequently, PESO has written to the police to take action under the Petroleum Act according to which the offence is bailable whereas I am asking PESO to file an FIR since forgery of data, preparation of a false document and its use as a genuine one is a serious offence under the IPC. The PESO officer refuses to do so. Is he right in not filing an FIR ? Am I unjustified in demanding an FIR in the matter ?
Can court decide the matter under section 372 succession act summarily or as a civil suit
whether section 372 of the Indian succession act provides summary proceedings? Can court adjudicate the dispute in the proceedings of code of civil procedure? In this case the non applicant wants that the court should hear and decide the case as a civil suit.
Can victim lodge FIR after forceful abortion
My cousin was in a relationship with a boy from a different religion for three months. They were serious and were planning to get married in future. However my cousin became pregnant by accident. When the boy informed his parents they immediately restrained him from contacting my cousin. She got an abortion done without taking a single rupee from them. She is unable to contact the boy as his parents have taken complete control. Now my cousin wants to lodge an FIR against the boy. She doesn’t have any money and she lives all alone in the city where the boy and his family lives. If my uncle and aunt find out they will throw her out of the house. In such a scenario can she lodge and FIR and go to court?
Am I bound to maintain my real and stepmother simultaneously
I am facing a legal dilemma regarding the maintenance of my stepmother. She is claiming that I have to provide for her financial needs, even though she has two biological daughters who are capable of supporting her. She argues that since I am taking care of my biological mother, I have a moral obligation to do the same for her. However, I do not agree with this logic. I do not have any emotional or legal bond with my stepmother, and I do not think it is fair that I have to bear the burden of her expenses. I am very confused and frustrated by this situation.
Current legal status of ‘triple talaq’ in India
I work as a fashion designer, and my husband is a doctor. Since the outbreak of COVID-19 in 2019, my business has been on a decline, leading to financial losses. Unfortunately, my husband has declined to provide me with financial support during this challenging time. Moreover, he pronounced ‘talaq,’ which was ‘talaq ul biddat.’
I would like to understand the current legal status of ‘triple talaq’ in India. As a woman facing financial difficulties, I am in a destitute situation and require assistance to support my family. Can Waqf provide financial aid to help me sustain my family?
Muslim woman can seek divorce if her husband is willing to live with her
My wife is not willing to live with me but I love her much. She wants divorce but I am refusing. Can my wife invoke the provisions of Dissolution of Muslim Marriage Act, 1939 for getting divorce if husband is not willing to divorcer his wife?
Facing a decade of mental abuse: navigating divorce, alimony, and custody battles
My cousin has been in a mentally abusive relationship with her husband for 10 years now,and has terrible in-laws who are ruining her marriage.she has 2 kids.her husband is rich,but irresponsible,immature and insensitive and mentally abusive and was physically abusive too,at times.this has damaged my cousin’s sense of well being and she has developed anxiety,hypertension,mental stress.he has kept her away from his home saying that her mother too has to take responsibility of looking after her..he doesn’t provide maintenance except for one child’s school fees..my cousin’s mother is looking after her..in a fit of anger,due to hypertension my cousin had used bad language against her husband..this has happened time and again..now he is blackmailing her with those messages to avail divorce and escape alimony and trying to further mentally torture her by snatching away the kids..he has never been a committed father though the kids like him..my cousin though qualified,is a homemaker and is not working..she has little income but it won’t suffice for her and her kids as per her lifestyle.there have been some telephonic conversations too where this happened.can she claim alimony if her husband wants to divorce her based on those watsapp chats and phone conversations where she used offensive language after being provoked by him?and what about the kids?..now she wants peace in life and financial security for herself and kids
Unfair trade practice adopted by carpenter
After nearly five months, the carpenter referred to has consistently failed to complete the work on time as initially promised. Despite releasing funds in accordance with the work and timeframe, the carpenter has offered constant excuses and explanations for the delays. Furthermore, there have been issues with materials being delivered late. After waiting patiently for an extended period and having multiple follow-up attempts, the carpenter is now introducing false additional charges and harassing the client, even though 90% of the quoted amount has already been paid.
The work was not supervised adequately, and there was no dedicated supervisor overseeing the project. Inspections were infrequent, typically occurring once every two weeks or even a month, and the client had to repeatedly contact the carpenter for progress updates. To address this situation, guidance on appropriate actions to take is requested.
Submit your passport application and required documents at your nearest Passport Seva Kendra
I have had a passport since 2005, but it expired in 2018. Around that time, I applied for its renewal. However, due to pending legal cases, I was unable to renew it. The cases were closed in February 2023, so I applied for a fresh passport. Everything went well with my application, including police verification. I provided the relevant court orders.
Finally, I received an objection letter stating that I must bring the original case documents in person to the Regional Passport Officer in Vijayawada, which is located in Vishakhapatnam. Given that the distance is quite far from my location, approximately 700 kms, I am seeking your suggestions for a solution.
I also sent an email explaining that if my personal attendance is required, I can attend the Passport Seva Kendra in Kurnool, which is much closer to me. Thank you.
Divorce within one year of marriage on husband’s inappropriate behavior
The individual is pursuing a divorce within one year of marriage due to several substantial issues. These concerns encompass the husband’s inappropriate behavior and his insistence on the wife’s mother-in-law and siblings’ involvement. Additionally, the husband’s failure to disclose significant personal loans has disrupted his financial stability, leading the wife to believe that the marriage revolves around financial motives, leaving her feeling exploited. Moreover, the wife is troubled by the husband’s overly intimate relationship with his sister, and there have been ongoing disputes concerning the retrieval of gifted jewelry. Past family conflicts and disagreements over living arrangements, coupled with persisting financial and in-law disputes, have eroded the marriage’s foundation, resulting in a lack of love, care, and respect and frequent arguments. These cumulative issues have created a strained and unhappy marital environment, prompting the individual to seek a divorce.
Renew passport pending criminal case under Section 498 A and dowry
Hi sir, my name is XXX, awaiting judgement copy for disposed 498A 3&4 DP Act. Can I renew my passport immediately or do i need wait? if I cannot renew on what exception basis I can renew my passport.
wife can claim maintenance if she is living in live-in relationship
Is a wife residing with a man as a partner in a live-in relationship entitled to maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C).
Girl made false accusation of cheating
If any girl make false accusations of cheating and fake promises against man.
Then what are the remedies available to man to get rid of such false allegations.
Requesting reinstatement after termination
Please Help me Sir my point is that without doing anything wrong HR and Supervisor forced me not to go to branch then terminated me but I want to join again please help.
Unauthorised construction on gram sabha land
Requesting the police to arrange for a revenue officer’s survey to address issues of trespassing and unauthorized construction on gram sabha land, while the panchayat is not pursuing legal action.
Whether stepsons have right in stepmother property
I have a daughter and two stepsons. Do my stepsons have any claim to my property?
Muslim woman can file suit in family court for dissolution of marriage
Whether civil suit for dissolving marriage of Muslim woman can be filed before District Munsif in original suit or to file original petition before family court under family court act.
Family members are trying to buy my property
My family members are trying to buy my property using preemption right at a lower cost in Kolkata, West Bengal . I have one bigha land with a pond and 1000 sq feet renovated house in North 24 parganas. I’m getting higher price from outside people. What should I do to get higher price of my property?
Boyfriend did not fulfill his commitment
From 2021 to 2023, there was a commitment to marriage. However, this commitment was abruptly broken, and the person returned home. Throughout this period, they consistently claimed financial constraints, which led to me covering all expenses. Additionally, I was never introduced to any members of their family or friends. To make matters worse, all of my belongings were taken.
Cheque number mismatch in sale deed
A sale deed of property was executed between buyer and seller. Buyer made payment to seller in advance thru four cheque numbers and one NEFT transaction and all payments were realized After few days sale deed was executed. After few months it was noticed that two cheque numbers out of four cheque numbers are not matching with the actual cheque numbers which were paid in advance by the buyer. BUYER was informed and he gave a notarized affidavit stating all the correct cheque numbers in the affidavit giving reference of sale deed. There is no other change in sale deed. Is it O.K. or anything else needs to be done.
My pensioner mother is demanding maintenance from her son
Hi. My mother lives in our own house in Kolkata with my unmarried sister. My father died in 2014 and left no will. The house now has 3 equal shares between the three of us. My mother is demanding that I give away my share of the house to her. Otherwise my mother has threatened that she would demand maintenance from me. My mother is a family pensioner and also has a lot of money invested in the bank earning interest. She is staying in her own house built by my late father. Can she demand maintenance from me? Please help me with legal advice.
How to obtain the Medico Legal Certificate pending from 2019
I need to obtain my own MLC papers from the hospital. At the time of the incident, I went to file a complaint about the incident and injuries caused by the accused person. However, they managed to influence the Investigating Officer (IO), and no action was taken on my complaint. Instead, a fake FIR was filed against one of the accused person’s mothers. I have been suffering because of this.
Please guide me on how to obtain the MLC (Medico-Legal Certificate) from 2019, when the police sent me to the hospital. I do not have a copy of the FIR, as my original complaint has been destroyed. What is the process to obtain the MLC, and can you please provide guidance on this matter?
Departmental inquiry is initiated after six years of retirement
Sir, I retired in 2015 from the post of junior engineer in the irrigation department of uttar pradesh. At the time of retirement neither departmental nor judicial inquiry was pending. Therefore I got entire retirement benefits. After six years from the date of retirement a show cause notice had been issued to seek clarification about the excess payment regarding the construction of the check dam. I replied with a show cause notice but the department rejected my reply and held me guilty for excess payment to the contractor and initiated departmental inquiry about recovery of sixty lakh rupees from my retiral benefits. Now I am facing a false departmental inquiry without my fault. Please help.
Neighboring tree is causing damage to my house
My neighboring trees over my house roof and destroyed my roof what shall I do?
Father can transfer entire property to grandmother
My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.
Former employer has withheld salary
As I was working with Maruti car dealership I left the job on 31 August company has held my salary saying that I have not served the notice period.
Tenant has made substantial changes in premises without permission of landlord
I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?
Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.
Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.
I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.
Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.
P.S. How can I send the rent agreement cum compromise?
My boyfriend has relations with more girls than one
My boyfriend cheated on me. We were in a relationship but on other side he was in one more relationship. Now I am mentally and physically exhausted. I tried calling him multiple times but he blocked me also.
Wife has past relations with a boy Can I take divorce
My wife had past relations with a boy which I recently came to know. In this situation, I don’t want to live with my wife. She is very clever lady and I think that she is still in touch of that man. Can I take divorce?
Can I file criminal case in Noida against company situated in Chennai
I reside in Noida, Sector 20, and have been employed by a Chennai-based company for the past six months. Unfortunately, they have withheld my salary on unsubstantiated grounds. Is it possible for me to file a criminal FIR online, ideally without the necessity of traveling to Chennai?
Can escrow account be used to stop wife from backing out settlement agreement
Can escrow account be used to stop wife from backing out settlement agreement from mutual consent divorce
NOC from government for taking admission in foreign university
I am a govt servant and currently in a process of making applications to numerous foreign universities for a PhD program. I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying. As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application. Kindly help me write an appeal / application for issuance of a general NOC.
Stay order against my neighbour to save my property
I want to obtain a court stay order on the adjoining neighbour construction due to the risk of damage to my house.
Relinquishment of right by unregistered will from brother living in USA
Mr. 1 and Mr. 2 are two brothers, with Mr. 1 residing in India and Mr. 2 in the USA. Mr. 1 purchased property AB in Bombay, India. The agreement for this property was made in 1973, specifying that Mr. 1 and Mr. 2 are identified as purchasers, and they jointly agreed to buy from the vendor. The vendor was responsible for constructing a building on the plot, and the brothers would acquire an AB flat within that building.
Although Mr. 2’s name was used in the agreement, it was Mr. 1 who actually made the purchase. Mr. 2 resided in the USA, while Mr. 1 was in India. Consequently, the property in the USA belonged to Mr. 2, and the property in India belonged to Mr. 1. In 1978, Mr. 1 obtained the share certificate of the society solely in his name, with Mr. 2’s name never being added to it.
Mr. 1 is my father, and Mr. 2 is his biological brother. In 1988, Mr. 2 and his wife created a will stating that they were relinquishing their rights to property AB. Although the will was signed by two witnesses, Mr. 2 had a daughter named AAA and a son named BBB, both of whom were minors at the time of the will’s creation. This will was neither registered nor notarized; it was solely signed. Mr. 2 passed away in 1989, and his wife in 2022. AAA and BBB are now adults.
Mr. 1 also passed away in 2016. He transferred all the property to his wife, who subsequently transferred property AB to me through a registered gift deed.
Now, my questions are:
Since the share certificate, maintenance bills, and electric bills have been in Mr. 1’s name since 1978, and everything has been transferred to my name, including the share certificate, can I be considered the sole owner, or do AAA and BBB have any legal claims? We do not have a good relationship with them, and they are unaware of this issue.
Is there any potential legal trouble I might face due to them?
Is there a chance that a buyer might be dissatisfied with my name on the share certificate?
Builder not providing parking spot as per the approved plan
Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).
Labours are frequently entering our premises without permission
My neighbor’s plot is under construction, and the contractor and labours are frequently entering our premises without permission. They have also failed to clean up the construction materials and waste from our property. When I asked them to address this issue, the owner of the property used abusive language towards me and my family. Do you have any advice on how to handle this situation?
Can I seek quashing of FIR on expiry of limitation period?
FIR was charged against me on 02/05/2019. I was called to the police station on 02/12/2019 and was released on station bail. They have charged IPC 354 D (stalking through email). But after which no response was there. Recently I got a govt job and when applied for a police clearance certificate I came to know the FIR is pending. The police have not filed charge sheet till date to my knowledge. Can I quash the FIR based on expiry of limitation period.
My boyfriend raped me in the influence of narcotics drugs
Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year. We’ve had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don’t know what else) when he didn’t respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won’t happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?
Rectify khata number in khatauni
How can we rectify the khata number which has been wrongly mentioned. The land measurement is accurate including the disputed land.
Wife intentionally delaying the trial of dowry case: what to do?
It is almost nine years now and I am fighting a Dowry case against me. Although my defence is strong, the other party is prolonging this case by making excuses and playing the victim card in from the judge. What remedies I can take to fast track this case?
What actions should you take against an attempt to murder?
My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?
“Presstitution”: Why Labeling Media This Way Undermines the Principle of Free Speech and Expression
Introduction The term "presstitution" is often used derogatorily to describe media outlets that are perceived as biased, corrupt, or lacking integrity. While the frustration towards questionable journalism is understandable, labeling the entire media industry as...
Voiceless Media: The Crisis of Muted Journalism and Its Impact on Democracy
Introduction In democratic societies, the media is often celebrated as the "Fourth Pillar of Government," a watchdog role that holds power to account. However, the rise of 'voiceless media,' where the media either cannot or will not fulfill this role, presents a...
Media: The Fourth Pillar of Government – An Insight into its Significance and Challenges
Introduction In any democratic setup, the government is traditionally divided into three branches: the Executive, the Legislature, and the Judiciary. These three pillars serve as the foundation upon which a nation’s governance structure rests. However, in modern...
The Relationship Between Judiciary and Legislative in India: A Complex Interplay
Introduction The relationship between the judiciary and the legislature is an essential aspect of any democratic system. In India, where the Constitution acts as the supreme law, understanding the dynamics between these two branches of government is crucial for...
The Dynamics of Ministerial Removal from the Cabinet: A Closer Look
Introduction In the world's largest democracy, India, the Council of Ministers headed by the Prime Minister is an epitome of collective responsibility to the Parliament. The functioning of this Council is strictly guided by the Indian Constitution, which also provides...
The Council of Ministers in the Union Government of India: An Essential Guide
Introduction The Council of Ministers is a pivotal institution in the governance structure of India. Functioning under the leadership of the Prime Minister, it plays a key role in decision-making and policy formulation at the national level. The Union Council of...
The Power of the Prime Minister in the Indian Constitution: An In-depth Look
Introduction The Indian Constitution meticulously delineates the architecture of governance, specifying the roles and responsibilities of key offices, including that of the President and the Prime Minister. While the President is the ceremonial head of state, it's the...
Relationship between the President and the Prime Minister in India
The relationship between the President and the Prime Minister in India is constitutionally defined, and the framework limits the extent to which either can dominate the other. The Indian Constitution provides for a parliamentary system of government, which is federal...
The Constitution: The Mother of All Laws in a Democratic Society
Introduction In a democratic system, the Constitution holds a unique and unparalleled position as the foundational legal document that outlines the framework of governance and the rule of law. It sets forth the structure of government, delineates the powers and...
Comptroller and Auditor General of India: The Guardian of Public Accounts
The Comptroller and Auditor General of India (CAG) is a constitutional body established under Article 148 of the Indian Constitution. CAG serves as the supreme audit institution of India, responsible for promoting transparency, accountability, and good governance by...
The Election Commission of India: Guardian of Democratic Process
Overview The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India at both the state and national levels. The body was established on January 25, 1950, and that date is celebrated...
Election Reforms in India: The Need, Challenges, and Path Forward
Introduction Elections are the bedrock of India's democratic system, facilitating the peaceful transition of power and enabling citizens to have a say in their governance. However, the electoral process has been marred by issues like voter fraud, campaign financing,...
Adult Suffrage: The Bedrock of Democracy That Must Be Vigilantly Protected
Introduction When we think about democracy, we often conjure images of elected officials, vibrant debates, and high-flying political ideals. While these are undoubtedly important elements, the cornerstone of any democratic society lies in its people's ability to cast...
How the Indian constitution reflects the power of democracy?
The Indian Constitution is often referred to as the world's most extensive written constitution. It was framed by a Constituent Assembly that included representatives from various backgrounds, reflecting the diversity and pluralistic nature of Indian society. The...
Roman law and constitution of India
The Constitution of India, which came into effect on January 26, 1950, was drafted by a Constituent Assembly that sought inspiration from various sources, including the laws and constitutions of other countries. While Roman law itself is not directly incorporated into...
Jeremy Bentham
Jeremy Bentham (1748–1832) was an influential British philosopher, jurist, and social reformer who is best known for his development of utilitarianism, a philosophical approach which holds that actions should be judged by their consequences, aiming to achieve "the...
The Impact of Bentham’s Principles on Modern Punishment Systems
Introduction Jeremy Bentham, an 18th-century British philosopher, jurist, and social reformer, made significant contributions to the theory of utilitarianism and the philosophy of law. His ideas have had a lasting impact on modern penal systems around the world. This...
Positive Law and the Indian Legal System: A Study
Introduction Positive law is a concept in jurisprudence that refers to laws that are explicitly laid down or enacted by a governing authority. This contrasts with natural law, which posits that certain rights or values are inherent by virtue of human nature. In the...
Constitutionalism: An Overview
Introduction Constitutionalism is a legal and political concept that describes the principle that government authority is derived from and limited by a governing constitution. It's the idea that institutions of the state should be constrained and guided by an...
Protection of Rape Victims’ Privacy: A Constitutional Obligation in India
Introduction The privacy and dignity of rape victims are of paramount importance in the Indian legal system. Revealing the identity of a rape victim is a punishable offense under Indian law, designed to safeguard the victim from further trauma and stigmatization. This...
Equal Treatment as a Fundamental Right in the Indian Constitution
Introduction The principle of equal treatment is enshrined in the Constitution of India as a Fundamental Right, forming the cornerstone of the democratic ethos of the country. It primarily finds expression in Articles 14, 15, and 16, which establish the right to...
Fairness in the Criminal Justice System: A Crucial Cornerstone
Introduction Fairness in the criminal justice system is a foundational principle that ensures individuals are treated equitably, their rights are protected, and they are not subjected to arbitrary or discriminatory treatment. However, achieving fairness is a complex...
Why the supreme court of India open in early morning for hearing yakub memon case before his hanging
The Supreme Court of India's decision to hold a pre-dawn hearing for Yakub Memon, who was convicted for his role in the 1993 Bombay bombings, was an unprecedented move that captured national and global attention. Memon was set to be executed on July 30, 2015, and his...
The 1993 Bombay Bomb Blasts Case: An In-Depth Overview
Introduction The 1993 Bombay (now Mumbai) bomb blasts were a series of coordinated attacks that shook the city and the nation at large. These bombings resulted in 257 deaths and left more than 700 people injured. The event remains one of the deadliest terrorist...
The Yakub Memon Case: A Controversial Chapter in Indian Legal History
The case of Yakub Memon remains one of the most controversial and debated topics in the realm of Indian jurisprudence. Yakub Abdul Razak Memon was convicted for his involvement in the 1993 Bombay bombings, a series of 12 bomb explosions that resulted in the deaths of...
The K.M. Nanavati Case: A Watershed Moment in Indian Legal History
Introduction The K.M. Nanavati vs. State of Maharashtra case was one of the most high-profile legal cases in India during the 20th century. The case had all the elements of a drama—a love affair, betrayal, and a murder committed in the "heat of the moment." Commander...
Understanding “Modesty” in the Context of Criminal Law
Introduction The term "modesty" in the context of criminal law generally refers to the quality of being modest in behavior, dress, or demeanor. However, when it comes to legal implications, the term often relates to offenses against women involving sexual misconduct...
Understanding “Bodily Harm” in the Context of Crime Against the Body in the IPC
Introduction The concept of "bodily harm" is a crucial element in many offenses categorized as crimes against the body in the Indian Penal Code (IPC). These offenses include, among others, assault, battery, culpable homicide, and murder. The term "bodily harm" refers...
Criminal Intention in Committing Murder under Section 300 of the Indian Penal Code (IPC)
Introduction Section 300 of the Indian Penal Code (IPC) outlines the criteria that constitute the offense of murder. One of the key elements for an act to qualify as murder is the "mens rea" or criminal intent to cause death or bodily harm that is likely to result in...
Ignorance of Law is Not Excusable: An Exploration of a Fundamental Legal Principle
Introduction The Latin maxim "Ignorantia juris non excusat" or "Ignorance of the law excuses not" is a legal doctrine that holds individuals accountable for their actions, whether they were aware of the law governing those actions or not. While this principle may seem...
Understanding Mistake of Fact: A Closer Look at a Key Legal Concept
Introduction "Mistake of fact" is a legal term you may have heard in courtroom dramas or in the news, but its implications go beyond mere storytelling. It's a concept with significant ramifications in both civil and criminal law. In this blog post, we'll explore what...
Mistake: Legal terminology
In legal parlance, terms related to mistakes can vary based on the jurisdiction, context, and the specific area of law. However, here are some commonly used legal terms related to mistakes: 1. Mistake of Fact This refers to an erroneous belief about something that is...
What to Do If a Cheque Has Been Drawn Forcefully or By Inducement: A Legal and Practical Guide
Introduction If you find yourself in a situation where a cheque has been drawn from you under force, coercion, or inducement, it is essential to act swiftly and carefully to rectify the situation. The issuance of a cheque under such circumstances could potentially...
What to Do If a Cheque Has Been Issued By Mistake: A Comprehensive Guide
Introduction Issuing a cheque by mistake can happen to anyone—both in personal and professional settings. The mistake could be a wrong payee name, incorrect amount, or even issuing a cheque that wasn't supposed to be issued at all. The immediate aftermath can be...
How to Stop Payment on a Cheque: A Step-by-Step Guide
Introduction There are various reasons you might want to stop payment on a cheque. You could have issued it by mistake, discovered an error in the amount, or even suspect that the cheque might be misused or stolen. Whatever the reason, stopping payment on a cheque is...
Drawer’s Liability in Respect of Cheque: An Overview
Introduction The drawer is the person who writes and issues a cheque to make a payment. The drawer's obligations are clearly defined in various financial regulations, most prominently in the Negotiable Instruments Act, 1881, in the case of India, or the Uniform...
Understanding Cheque Validity: What You Need to Know
Introduction Cheques are financial instruments that facilitate the transfer of funds between bank accounts. However, cheques are not everlasting promises to pay; they come with a specified period of validity. Understanding this validity period is crucial for both the...
Understanding Vicarious Liability Under the Negotiable Instruments Act, 1881
Introduction Vicarious liability refers to the legal responsibility of one party for the actions or conduct of another, generally because of a specific relationship between the two, such as employer-employee or company-director. In the context of the Negotiable...
What is a Post-Dated Cheque?
A post-dated cheque is a cheque written by the drawer (payer) for a date in the future. In other words, the date mentioned on the cheque is a date that comes after the date on which the cheque was actually written. For example, if today is August 1, 2023, and a cheque...
Liability of Company Directors Under the Negotiable Instruments Act, 1881
The Negotiable Instruments Act, 1881, is a comprehensive statute that governs various forms of negotiable instruments, such as cheques, promissory notes, and bills of exchange. While individual drawers of cheques and endorsers of negotiable instruments are held...
Dealing with Insufficient Funds: A Look at the Negotiable Instruments Act, 1881
The issue of insufficient funds is one of the most common causes for the dishonor of a cheque under the Negotiable Instruments Act, 1881 in India. This scenario not only disrupts the financial transactions between the involved parties but also has legal ramifications....
Understanding Discharged Liability Under the Negotiable Instruments Act, 1881
The concept of "discharged liability" is an integral part of the Negotiable Instruments Act, 1881, in India. It refers to the conditions under which the obligations arising out of a negotiable instrument, like a cheque or promissory note, are considered fulfilled or...
Understanding Cheque Bounce Cases Against Companies under the Negotiable Instruments Act, 1881
The Negotiable Instruments Act of 1881 is a critical legal framework in India that governs transactions involving negotiable instruments like cheques, promissory notes, and bills of exchange. One of the most common legal issues related to this Act is the incidence of...
Understanding the Indian Companies Act of 2013: A Comprehensive Guide
The Companies Act of 2013 is a seminal piece of legislation that governs the formation, operation, and governance of companies in India. It replaced the Companies Act of 1956 and brought significant reforms aimed at enhancing transparency, accountability, and...
The Selection of Arbitrators: A Comprehensive Overview
Introduction In arbitration, the selection of arbitrators plays a pivotal role. As the individuals who will ultimately render a decision on the dispute, arbitrators must be impartial, independent, and well-suited to the specific issues at hand. Let's delve into the...
Notice of Arbitration: What It Is, Why It’s Important, and What to Include
Introduction The Notice of Arbitration serves as the formal kickoff to most arbitration proceedings, initiating the formal process and setting the wheels in motion. If you're considering arbitration as a dispute resolution mechanism, understanding the importance,...
Understanding the Arbitral Award: A Comprehensive Guide
Introduction The arbitral award is the culmination of the arbitration process. It is the final decision rendered by the Arbitral Tribunal, which resolves the issues presented in the dispute and often has a lasting impact on the parties involved. This comprehensive...
A Comprehensive Guide to Arbitral Proceedings: What to Expect from Start to Finish
Introduction Arbitral proceedings serve as the backbone for dispute resolution in the realm of arbitration. Unlike court litigation, arbitral proceedings offer a more flexible, faster, and often confidential path to resolve disputes between parties. Understanding the...
Interim Measures in Arbitration: The Role of the Arbitral Tribunal
Introduction Interim measures are temporary actions that an Arbitral Tribunal can take before issuing the final award in an arbitration proceeding. These measures are aimed at preserving assets, maintaining the status quo, or ensuring that the arbitration process...
The Arbitral Tribunal: A Comprehensive Guide to Its Role, Composition, and Functioning
Introduction When disputes are resolved through arbitration, the decision-making body that hears the case and renders a judgment is known as the Arbitral Tribunal. This tribunal is the cornerstone of the arbitration process, and understanding its role, composition,...
Understanding UNCITRAL: The Backbone of International Trade Law
The United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary body of the United Nations General Assembly responsible for promoting the harmonization and modernization of international trade law. Established in 1966, UNCITRAL plays a critical...