Civil

Recording of Court Proceedings

Not only must Justice be done; it must also be seen to be done .. is oft repeated. And indeed Justice is supposed to be done in public.  Unless decided by the Court to be an " in camera " trial, one can simply visit the Court and watch the proceedings. Even Court Records - submissions by different parties and then the final judgement - is supposed to be Public and accessible to anyone. In Theory. Come the Digital Era then, the logical next step would have been recording of Court proceedings. And indeed the more advanced countries seem to…
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Property

Eleven Months Lease Deeds also need registration !

L:ease Eleven Months Lease Deeds also need registration It is a common misconception that Lease Deeds for a period less than a year need not be registered, per Indian Law for properties in India. Hence, many Landlords and Tenants  proceed accordingly since in the process savings can be made on Stamp Duty. Besides, the time and hassle of going to the Registrar's Office is avoided. The confusion arises since the provisions of the Transfer of Property Act are NOT understood properly since those relevant have to be read ALONG WITH that of the Registration Act The Courts are increasingly clarifying…
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Family

Bigamy – the legal provisions

  Bigamy Is Having One Spouse Too Many. Monogamy Is the Same :-) Jokes aside, bigamy is a serious matter , legally. So if you are affected ( or considering ;- ) ) it will be helpful for you to read on ! There is NO bar in customary Hindu Law to a man entering second marriage. However, the customary law was codified by the enactment of the Hindu Marriage Act in 1956, which declared  a second marriage ‘void ‘during the subsistence of the first one. So, AFTER 1956, second marriages could be considered illegal. Bigamy is both an offence…
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Criminal

First Information Report – FIR – the Basics

An FIR ( First Information report ) can only be lodged for a ” Cognizable ” Offense. The Offense category is clearly explained in the CrPC / IPC section it falls under. So, if there is no FIR to begin with, the issue of Bail does not arise. Cognizable Offence Police is empowered to register the FIR and investigate only the cognizable offenses. Police can arrest an accused involved in cognizable crime without the warrant from the Court. Theft, robbery, murder and rape are some instances of cognizable offenses. Non-cognizable Offence Here, Police can neither register the FIR nor can…
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