Kanoonirai: Blog on the Indian law & legal system

Protection order under the domestic violence act

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.

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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.

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Online trading of alcoholic liquors in India

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.

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A person gave me a post-dated cheque but now refusing to pay it 

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.

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How to lodge zero FIR in the place where offence has not been committed

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”.

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Sister in law wants to expel me from the matrimonial home

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...

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Can police arrest in 120 B IPC when I am on anticipatory bail

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.

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Section 34: Specific Relief Act 1963

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...

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Section 375 Indian Penal Code: Rape

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...

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Period of limitation in cancellation of the sale deed

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.

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Fake registration of sale deed of my ancestral property

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.

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