Adv. Sarika Khude's Blog

Wrongful Restraint and Wrongful Confinement  1. The term ‘wrongful restraint’ denotes a wilful obstruction of an individual to keep that individual from proceeding toward any path in which that individual has a privilege to continue.    Wrongful Restraint and Wrongful Confinement 2. According to section 339 of the Indian Penal Code, “Whoever voluntarily obstructs any person to prevent that person from proceeding in any direction in which that person has a right to proceed is said wrongfully to restrain that person”.  3. There are certain exceptions to this definition. The obstruction of a private way over land or water in which a person in good faith believes him to have a lawful right to obstruct is not an offense within the meaning of this section.  4. Section 341 of the Indian Penal Code defines punishment for wrongful restraint. It states that whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to

IPC 390-402: Robbery & Dacoity 1. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both.   IPC 390-402: Robbery & Dacoity ROBBERY 2. Robbery refers to the taking of something of value, whether money, property or other valuable assets from someone through the use or threat of physical force. Robbery is an aggravated form of theft or extortion. 3. Elements of robbery; 1.    The actual taking away of the money or property must have taken place. 2.    The person committing the robbery must have the intent to steal or the intent to cause wrongful loss to one and wrongful gain to another.  3.    There must be a threat of violence or the use of physical force during the robbery.  4.    Robbery must be done in the vict

IPC 383-389: Extortion  1. Sections 383-389 of the Indian Penal Code defines various laws related to extortion. Section 383 of the IPC defines extortion. Section 384 of IPC specifies the penalty for extortion, while Section 385 specifies the punishment for an attempt to extortion. Section 386 to 389 contains much harsher punishments for aggravated forms of extortion.  IPC 383-389: Extortion 2. Section 383 of the Indian Penal Code defines extortion as an intentional act to put another person in fear of injury or any other harm to get his property or other valuable items. For example, A threatens B to kill his daughter if B does not pay 10 million rupees to A, this will be considered a case of extortion.  3. The main motive of committing extortion is getting the property or any other valuable item by causing a wrongful loss to one person and wrongful gain to another person.  4.   Essential elements for extortion;   1.  To deliver property or other valua

Hindu Adoption and Maintenance Act–Right of Hindu Wife to Maintenance (Section 18–21) 1. Earlier the male-dominated society of our country didn’t allow any improvement in the status of married women. A lot of men were committing violence against defenceless women. To overcome this disability of our society The Hindu Adoption and Maintenance Act 1956 along with the Hindu Marriage Act 1955, the Hindu Succession Act 1956, and the Hindu Guardians & Wards Act 1956 has been enacted to empower the married women of our state.  Hindu Adoption and Maintenance Act 2. According to Hindu law, marriage is a holy union for performing religious duties. These laws protect a woman by guaranteeing her fundamental rights, providing relief in case of cruelty, adultery, impotency, the claim of maintenance and alimony, etc. it further allows maintenance to the wife who cannot maintain herself.  3. The right to maintenance arises from the concept that the head of an undivided famil

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