Adv. Sarika Khude's Blog

1. Theft means dishonest removal of property out of the possession of any person without his consent. The crime of theft comes under offenses against property and has been dealt with under sections 378 to 382 of the Indian Penal Code.  2. Under English laws theft is an offense punishable with imprisonment for 10 years under section 7 of the Theft Act, 1968 and defines theft as a person guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other.  IPC 378-382 THEFT 3. Section 378 of the Indian Penal Code defines theft as any person intending to take any movable property without honesty, out of the possession of any person without that individual's consent, is said to commit theft.  4. Ingredients essential to consider an offense a theft;   1.    The accused must have dishonest intention to take the property.  2.    The property concerned must be movable.  3.    The property mu

Guardians and Wards Act 1. We all know that children are physically and mentally immature so they need special safeguards and care. Our laws itself say that minors cannot act independently but can act only through the guardian. Most country's laws specify that parents are the legal guardian of the child and that the parents can designate who shall become their child's guardian in the event of their death. Sometimes the court will appoint guardians for the welfare of the child.  Guardians and Wards Act 2. In India, there are two important legislation regarding guardianship and custody. The first one is the Hindu minority and guardianship act 1956, and the second one is the guardians and wards act 1890.  3. A minor refers to a person who has not completed the age of 18 years; Therefore, children less than 18 years of age are supposed to have a legal guardian.  The guardians and wards act defines a guardian as a person having the care of the person of

 Births and deaths Registration Act 1969  1. The registration of births and deaths act regulates the registration of births and deaths and matters connected with births and deaths in our country.  2. The registration of births and deaths act gives certain responsibilities to certain individuals to report the birth or death of a person to the concerned authority for their registration.  Births and deaths Registration Act, 1969           Various registrars or authorities have been established under this act:  1.    Registrar-General: The registrar appointed by the central government. 2.    Chief Registrar: Chief registrar of the state who is appointed by the state government. 3.    District Registrar: The state government appoints the District Registrar for each revenue district. 4.    Registrar: The state government may appoint a registrar for each local area within the jurisdiction of a municipality or panchayat. 5.    Sub-Registrar: The Registrar wi

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT 1. Specific performance refers to fulfilling of contract as agreed by both parties.  2.   Any party who has suffered a loss because of a breach of contract or non-performance of a contract on part of another party can file a suit for specific performance.  3. Equity courts provide the relief of specific performance which was affected because of non-performance of a contract as agreed. The court does not consider this as a right of the plaintiff but an alternative to awarding damages. The court provides a specific performance order at its discretion.  SUIT FOR SPECIFIC PERFORMANCE 4. Section 16(c) of the Specific Relief Act puts the burden on the plaintiff to prove that he had performed his part or will perform as agreed by both parties in the contract. This clause emphasizes the ‘readiness and willing’ of the plaintiff and is the most important part of suing for specific performance. In simple words, the person see

Succession Certificate Succession Certificate 1.   A succession certificate is an order issued by the Court of Law to the legal heirs of the deceased person who died without writing a will, leaving behind debts and securities. When a will made by the deceased person is present, a succession certificate doesn’t apply. 2.   A succession certificate certifies that the concerned person is the legitimate successor of the deceased person and is entitled to get any legal assets left by the deceased person. 3.   A succession certificate also allows the person to make payment of the debt or transfer securities to another person without having to put a legal heir title on him. 4.   Section 372 of the Indian Succession Act, 1925, enables a person to apply for the grant of succession certificate regarding debt or security of the person who dies intestate. 5.   A civil court is authorized to issue a succession certificate only after a petition made by the legitimate

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Indian Evidence Act, 1872 Indian Evidence Act 1872–Burden of Proof (Section 107 & 108) 1.    Indian Evidence Act was enacted on 15th March 1872 and came into force on 1st September 1872. This act was also applied in Pakistan until 1984. It contains a set of rules and allied issues governing the admissibility of evidence in the Indian Court of Law.  2.    Burden of Proof is covered under Sections 101–114 of the Indian Evidence Act, but the term Burden of Proof has not been defined in the Act. It has two distinct meanings;  1.  The Burden of Proof as a matter of Law and Pleading: According to this definition, the party providing facts during pleading has the burden to prove the facts. 2.  The Burden of Proof as a matter of Adducing Evidence According to this, it is the burden of the party to prove their facts to adduce evidence. 3.    Section 101 of the Indian Evidence Act states that the burden of proof is on the party who is saying.  4.    In simple wo