Adv. Sarika Khude's Blog

1.     IPC or the Indian Penal code is the main criminal code of India. It defines the crime conducted by the citizens of India and punishments for committing them. IPC was implemented in the year 1807 during British rule and except for the Indian Army, it applies to the whole country.  2.     Section 504 and 506 of the Indian Penal Code deals with any intentional insult to provoke the breach of peace and punishment for criminal intimidation, respectively.  3.     Section 504 of the Indian Penal Code specifies that if a person intentionally insults another person or intentionally provokes another person intending or knowing that such provocation would ultimately cause him to commit any offense or break public peace then he/she will be charged under IPC 504. If found guilty, the Court shall punish the accused with imprisonment which may extend up to two years, or with a fine, or with both.  4.     Section 506 of the Indian Penal Code specifies that if a person intim

1.       The cases of fighting, harming or injuring someone is taken as a very serious crime in our country. Section 323, 324, 325 & 326 of the Indian Penal Code provides the guidelines on how to tackle these crimes and the punishments if committed.  2.       General or simple assaults is not considered as a cognizable offense and therefore while these matters can be reported in the police station, the Police will not directly file a FIR. The complainant can request the Court to file a FIR by applying before the court. Cases of simple assaults are registered under IPC 323.  3.       If someone gets beaten up or injured by someone, the victim should do a Medical-Legal Certificate or MLC, which can be used as proof in the Court. Any doctor can do MLC after a fight and it contains the complete information of the assault and the injuries suffered by the victim.  4.       If someone is harmed or injured by a deadly weapon during an assault, then this case comes

1.       According to the Citizenship Act 1955, it is the responsibility of the union government to gather information about every family living in our country.  2.       In 2004, Section 14A of Citizenship Act 1955 was an amendment under which it is mandatory for every citizen of Indian nationality to register themselves on the National Register of Citizens (NRC). It was updated in 2015-16 to specify that except Assam and Meghalaya, the entire country’s population must be registered.  3.       The union government started the NRC Act to stop the people living illegally in Assam. Counted among the world’s largest campaigns works based on detect, delete, deport under which it will be detected whether a certain person is an Indian citizen and those people not belonging to India will be sent to their respective countries.  4.       Assam is the only state where the citizenship register system is in place. This citizenship register system in Assam differs from the

1. Specific relief act was made in 1963 and was further amended in 2018. We see tremendous economic development in our country after the formation of the Specific Relief Act of 1963, which has further helped to increase the commercial activities of our country like the foreign direct investment, public-private partnership, public utility infrastructure development, etc.  2. With passaging time the outdated laws present in SRA 1963, lead to delaying of infrastructure projects and other contractual projects. To tackle this situation amendment to SRA was made in 2018. 3. With the new amendment, the government changed the complete overview of the Specific Relief Act. Earlier damages were taken as norm overlooking specific performance, but now with the new laws, specific performances are the norm.  4. The following are the key features of the Specific Relief (Amendment) Act 2018; Recovery of possession, specific performance as a general rule, substituted performance,

1. This act was made to amend the laws relating to the succession of property and assets among Hindus when someone dies without making a will.  2. This Act applies to the citizens of India belonging to the religion of Hindu, Buddhist, Jain, or Sikh.  3. Section 6 was amended during the 2005 Hindu Succession (Amendment) Act and includes:  1.  In a joint Hindu family, a daughter has equal rights the same as the son of the family.    2.  Daughter will be allotted the same share of the property as the son.    3. The succession of property should be done based on the will or intestate succession and not by survivorship.    4.  The share of any deceased member of the family should be allotted to his surviving child or grandchild.    5.  Any successor inheriting assets of his predecessor will not inherit the debt amount exceeding the value of the assets.  4. Section 8 specifies the following general rules of intestate succession in the cases of males;  1. 

1. The Protection of Children from Sexual Offences Act (POSCO ACT) was formed in 2012 to protect children below the age of 18 years from serious crimes like sexual abuse, sexual harassment, and pornography. 2. This Act also intends to provide a child-friendly system for the trial of these offenses. 3. Under the POSCO Act it is the duty of the Police to report any offenses related to a child to the Child Welfare Committee inside 24 hours so that the Child Welfare Community can take necessary steps for the security and safety of the concerned minor. 4. There is a provision for medical examination of the child under this act. Doctors should conduct these medical examinations under the guidance of the concerned minor parents or guardians or anyone the child trusts in such a way that it inflicts the minor as minimum pain as possible. If the victim is a girl child, then only a female doctor should do the medical examination. 5. The Court  must do the hearing of th

1. If you are the owner of a property and you do not file a case or evacuate the mortgagee in possession of your property within 12 years, the person in possession of the property will become its new owner and you will lose your ownership.  2. On 7th August 2019, the Supreme Court of India made the following statement on this matter; No one can remove the mortgagee in possession of the property without proper legal action. If the squatter is possessing a property illegally for over 12 years, then the legal owner doesn’t have the authority to remove him. In these situations, the squatter will get the legal rights and ownership of the property.  3. Supreme Court clarified that if a mortgagee in possession becomes the lawful owner of the property, then even the real owner of the property doesn’t have the authority to remove him. If the previous owner forces him to leave the property, then he is legally allowed to file a case against the real owner and get his property