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

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,