Kanoonirai: Blog on the Indian law & legal system
Protect the aggrieved person from any possible act of domestic violence is the prime object of the Protection of Woman from Domestic Violence Act 2005. Section 18 of the DV Act provides such a power to the Magistrate to impose some restrictions upon the respondent to refrain himself from committing any act of domestic violence.
Azaan may be an integral part of Islam but its recitation through the loudspeaker cannot be said as its integral part
The right to recite Azan though sound-amplifying devices are not protected under Article 25 since it is not an integral part of Islam. The microphone is a gift of technological age; its adverse effect is well felt all over the world. Use of loudspeakers otherwise in accordance with law affects fundamental rights of the citizens under Article 19 (1)(a) of the Constitution of India.
Your boyfriend should have some evidence to prove mental harassment otherwise he cannot file any criminal case against you. A hypothesis cannot take the place of reality. Threatening on the basis of such a hypothesis is an offence of criminal intimidation. Thus your boyfriend cannot file a case on mental harassment.
Sexual intercourse on the false promise of marriage constitutes the offence of rape. The consent was not free if it was given due to misconception of fact. Thereby the person commits the offence of rape which is punishable under section 376 of the Indian Penal Code.
Alcohol comes under the State list as provided in the Seventh Schedule of the Constitution of India. The state government has power to levy a tax, such as exist duty, on the production, transition and sell of liquor.
An employee of the public sector bank remains absent from work for 18 to 20 days in a month. He is attending the office only for 10 to 12 days in a month due to spinal problem. The employer can convert unauthorised absence in the leave without pay. When the employee...
You cannot take any legal action against that person before the maturity of the post-dated cheque. The drawer issues the post-dated cheque for the discharge of debt or liability. When he issues the said post-dated cheque he admits that he has some financial liability. Therefore, the law will presume the existence of financial liability under Section 139 of the Negotiable Instrument Act.
Section 154 crpc does not mandate to lodge FIR in the police station where the offence has been committed. You can lodge FIR at any place. When a person files the FIR at the place other than the place of occurrence that FIR is said “zero FIR”. The police will not do the investigation on the basis of “Zero FIR”.
I am working in a shop as a salesman. Yesterday my colleague has arrested in connection with the theft of garments. During the lockdown, he has opened the shop with a duplicate key and took away some garments kept in backyard godown. I was also present with him but...
Sister in law wants to expel me from the matrimonial home. She was married and living in her parent’s house with his husband and son. She is mentally irritating me and trying to let me out of the house. My husband is with my side. But the house is owned by the...
The police have vast power to arrest the accused during the investigation. Police can arrest if he finds some incriminating evidence. Section 120 B IPC makes criminal conspiracy an offence and police can arrest in 120B if the accused does not cooperate in the investigation and has the possibility to abscond.
You can file a declaratory suit under section 34 of the Specific Relief Act 1963. The court will declare your right in the property and may direct your stepmother to release her possession over the two-third portion of the property.
The Project "The Millenia" sector 37 D, Gurgaon is promoted by M/s. Signature Global Pvt. Ltd. In Sept. 2017 with the completion date of August 2021. The payment plan is time linked i.e. full payment is to be made by September 2020. We have paid 75% till date and not...
Your parents have abused the process of law. They have filed a false FIR under section 363 IPC. Such a false FIR should be quashed under section 482 crpc. You should prefer a petition before the High Court under section 482 crpc.
Section 34: Discretion of court as to declaration of status or right Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the...
Section 375: Rape A man is said to commit “rape” if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not...
Article 59 of the Indian Limitation Act 1963 provides three years limitation period for filing of a civil suit for cancellation of the sale deed. According to article 59 of the limitation act, the period of limitation starts from the date of knowledge of the fraud.
The “Karta” or manager of the joint Hindu family can sell the ancestral land. His power to alienate the ancestral property has some restrictions. He can sell the land for the legal necessity and for the benefit of the family. Only male coparcener can discharge the duty of “Karta”. Your grandmother could not perform the duty of “Karta” because she is not a coparcener.