Adv. Prasad Shigvan

Supreme Court judgment on daughters’ right to ancestral property

2020-08-18T00:17:00.003+05:30

Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force

The Supreme Court of India in a recent judgment has again backed the fact that the daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Hindu Succession Act, 1956. The judgment recognizes that in a coparcenary property, the daughters have an equal right. The Supreme Court also stated that since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.

The judgment was pronounced by Justice Arun Mishra in a Bench comprising of Justice S. Abdul Nazeer and Justice M.R. Shah as well.

In the operative part of the judgment, the Supreme Court observes that the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with same rights and liabilities.

The rights can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to the disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December 2004.

The Supreme Court also stated that the statutory fiction of partition created by proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparcenary. The fiction was only for the purpose of ascertaining share of deceased coparcener when he was survived by a female heir, of Class-I as specified in the Schedule to the Act of 1956 or male relative of such female.

It was made clear by the Supreme Court that the provisions of the substituted Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son in pending proceedings for final decree or in an appeal.

click here to download the judgement

Further to clear the basic doubt and understand the judgement do watch the video of the Learned Counsel and A.O.R. of Supreme Court of India Adv. Anita Bafna, link of the video is herein below.

Adv. Anita Bafna on daughter’s right in ancestral property part 1

To watch the video click here

Adv. Anita Bafna on daughter’s right in ancestral property part 2

To watch the video click here

Cheque dishonoured: A step-by-step guide for legal recourse

2020-07-24T20:26:00.001+05:30

The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both

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Cheques are used in almost all transactions such as re-payment of loan, payment of salary, bills, fees, etc. A vast majority of cheques are processed and cleared by banks on daily basis. Cheques are issued for the reason of securing proof of payment. Nevertheless, cheques remain a reliable method of payment for many people. On the other hand, it is always advisable to issue crossed “Account Payee Only” cheques in order to avoid its misuse.

A cheque is a negotiable instrument. Crossed and account payee cheques are not negotiable by any person other than the payee. The cheques have to be deposited into the payee's bank account.

Legally, the author of the cheque is called ‘drawer’, the person in whose favour, the cheque is drawn is called ‘payee’, and the bank who is directed to pay the amount is known as ‘drawee’.

However, cases of cheque bounce are common these days. Sometimes cheques bearing large amounts remain unpaid and are returned by the bank on which they are drawn.

The below article provides information on what you may do if your cheque is dishonoured? Here’s a step-by-step guide to the legal procedure that is available to you.

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Indian Constitution chart for law students

If a cheque is dishonoured

When a cheque is dishonoured, the drawee bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the reason for non-payment. The payee’s banker then gives the dishonoured cheque and the memo to the payee. The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. However, if the cheque issuer fails to make a payment, then the payee has the right to prosecute the drawer legally.

The payee may legally sue the defaulter / drawer for dishonour of cheque only if the amount mentioned in the cheque is towards discharge of a debt or any other liability of the defaulter towards payee.

If the cheque was issued as a gift, towards lending a loan or for unlawful purposes, then the drawer cannot be prosecuted in such cases.

Legal action

The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881.

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing.

The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.

However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. It is essential in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.

Fine points: Conditions for prosecution

Legally, certain conditions have to be fulfilled in order to use the provisions of Section 138.

The cheque should have been drawn by the drawer on an account maintained by him.

The cheque should have been returned or dishonoured because of insufficient funds in the drawer's account.

The cheque is issued towards discharge of a debt or legal liability.

After receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act.

Punishment & penalty

On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with monetary penalty which may be twice the amount of the cheque or imprisonment for a term which may be extended to two years or both. The bank also has the right to stop the cheque book facility and close the account for repeat offences of bounced cheques.

If the drawer makes payment of the cheque amount within 15 days from the date of receipt of the notice, then drawer does not commit any offence. Otherwise, the payee may proceed to file a complaint in the court of the jurisdictional magistrate within one month from the date of expiry of 15 days prescribed in the notice.

The Consumer Protection Act, 2019

2020-07-18T18:34:00.000+05:30

The main features of The Consumer Protection Act, 2019 are as follows:-*

1. District forum is renamed as District Commission

2. The Opposite Party needs to deposit 50% of the amount ordered by District Commission before filing appeal before State Commission, earlier the ceiling was of maximum of Rs. 25,000/-, which has been removed.

3. The limitation period for filing of appeal to State Commission is increased from 30 days to 45 days, while retaining power to condone the delay.

4. State Commission shall have a minimum of 1 President and 4 Members

5. The original pecuniary jurisdiction of District Commission shall be uptil Rs. 1 Crore, State Commission from 1 Cr – 10 Cr. And NCDRC to be more than Rs. 10 crore

6. Now complainant can also institute the complaint within the territorial jurisdiction of the Commission where the complainant resides or personally works for gain besides what was provided earlier

7. Section 49(2) and 59(2) of the new act gives power to the State Commission and NCDRC respectively to declare any terms of contract, which is unfair to any consumer, to be null and void.

8. A second appeal to NCDRC has been provided U/s 51(3) if there is a substantial question of law involved in the matter

9. Power of revision can still be exercised by NCDRC U/s 58(1)(b) and by State commission under 47(1)(b) of the Act.

10. Power of review has been conferred to District Commission, State Commission and NCDRC U/s 40, 50 and 60 of the Act respectively

11. NCDRC can hear appeals against the order of Central Authority by virtue of Section 58 of the Act

12. Period of limitation in filing of complaint remains 2 years with a provision for condonation of delay power U/s 69 of the Act

13. Section 70 provides for administrative control of State Commission over District Commission and that of NCDRC over State Commission. It inter alia provides for investigation into any allegations against the President and members of a State Commission / District Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action

14. Section 71 confers power of execution as provided Under Order XXI, The Code of Civil Procedure, 1908 with such limitation as provided in the section

15. Mediation is given statutory status by way of introduction of Section 74 in the new Act

16. A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.

17. Chapter III of the Act provides for creation of Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class

18. The Central Authority shall have an Investigation Wing headed by a Director General for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority

19. The Act of 2019 has come into effect w.e.f. 9.8.19 and old Act of 1986 stands repealed, subject to section 1(3) of the New Act.

20. Rules regarding appointment, conditions of service etc. of the Members are to be notified soon.

*The list is not exhaustive and the above is just a bird's eye view only of the new Act. For more / exact details kindly refer to the notification dated 9.8.19 notifying the Act.

Admissibility of Electronic Records as Evidence in India

2020-07-10T21:02:00.006+05:30

Section 65B provides for 'Admissibility of Electronic Records'. Section 65 B (2) of the Indian Evidence Act, 1872 lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used.

Although the main method of providing electronic evidence is printing on paper the information and delivering the electronic data in a medium such as a CD, for said evidence to have real security we should have the support of a computer expert.

Many businesses conduct essential meetings and business deals on platforms such as e-mail, and even on instant messaging apps such as WhatsApp and other similar applications. Schedules and minutes of meetings, essential documents, and receipts are all communicated via or on office WhatsApp groups. However, it is essential to be informed on how electronic records of conversations and documents shared on such platforms should be preserved and protected in the event these are to be produced as evidence in court

Are Electronic Records Admissible as Evidence in India?
To keep pace with the rapid developments in technology, the legislature enacted the Information Technology Act, 2000 and amended the Indian Evidence Act, 1872 in 2016 to recognize and include electronic records as admissible evidence in dealing with cases of cyber crime. Evidence law in India is categorized into Primary and Secondary Evidence, primary evidence being the original, and secondary evidence being any number of copies or reproductions of the original. The distinction serves to impose on secondary evidence a higher threshold of authenticity in comparison to primary evidence in order to filter out any miscreants who may tamper with evidence. The general rule of law of evidence is that when primary evidence (i.e. the original) is not available, secondary evidence (i.e. copies) is not admissible.

Preservation of electronic records
Anyone who seeks to adduce e-mailsSection 65B provides for 'Admissibility of Electronic Records'. Section 65 B (2) of the Indian Evidence Act, 1872 lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used.

Although the main method of providing electronic evidence is printing on paper the information and delivering the electronic data in a medium such as a CD, for said evidence to have real security we should have the support of a computer expert

Many businesses conduct essential meetings and business deals on platforms such as e-mail, and even on instant messaging apps such as WhatsApp and other similar applications. Schedules and minutes of meetings, essential documents, and receipts are all communicated via or on office WhatsApp groups. However, it is essential to be informed on how electronic records of conversations and documents shared on such platforms should be preserved and protected in the event these are to be produced as evidence in court

Are Electronic Records Admissible as Evidence in India?
To keep pace with the rapid developments in technology, the legislature enacted the Information Technology Act, 2000 and amended the Indian Evidence Act, 1872 in 2016 to recognize and include electronic records as admissible evidence in dealing with cases of cyber crime. Evidence law in India is categorized into Primary and Secondary Evidence, primary evidence being the original, and secondary evidence being any number of copies or reproductions of the original. The distinction serves to impose on secondary evidence a higher threshold of authenticity in comparison to primary evidence in order to filter out any miscreants who may tamper with evidence. The general rule of law of evidence is that when primary evidence (i.e. the original) is not available, secondary evidence (i.e. copies) is not admissible.

Preservation of electronic records
Anyone who seeks to adduce e-mails as evidence has to download/printout the e-mail which encapsulates details of the names of the sender and the recipient, as also the date and time of the message. Such data is proof of its relevance to the transaction to which evidence is sought to be adduced. All web-based e-mail facilities such as Outlook, Gmail, and Yahoo have a provision for this exercise.

Online Messaging Platforms
Online messaging platforms such as WhatsApp, Viber, and Telegram are admissible as legal evidence, provided the electronic records of these conversations are preserved and retrieved in a methodical manner.Conversations on messaging platforms could be archived by taking multiple screen shots. However, since the conversation slides are saved as photos, the authenticity of some of these images can be questioned. A safer option is auto-archiving conversations through designated mail service providers.

Securing admission of an electronic record

When an electronic record is sought to be produced in court as material of reliance or evidence, then such electronic record is supported with a self-declaratory certificate in the form of an affidavit, signed by a person in real-time control of the device/devices from which such electronic record is retrieved. This certificate also details the manner and process by which the electronic record was retrieved, including a description of devices that stored and facilitated the retrieval, copy, and copy production of the electronic record.

Click on below link to watch the video

https://youtu.be/_CIwNJMyOBM

2020-07-01T01:16:00.004+05:30

What types of evidence are admissible in courts?

Evidencse Law

The law of evidence governs the use of testimony (e.g. oral or written statements, such as an affidavit) and exhibits (e.g. physical objects) or other documentary material which is admissible (i.e. allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law Finally), there are strict rules governing the admission of statements from witnesses not present at the trial. This is called hearsay.

Types of Evidence

Demonstrative Evidence: This is a common form of proof, generally having the form of the representation of an object. Examples include: photographs, videos, sound recordings, x-rays, maps, drawings, graphs, charts, simulations, sculptures, and models, among others.

Digital Evidence: In recent years, the use of digital evidence in trials has greatly increased. Simply put, it is any type of proof that can be obtained from an electronic source, such as emails, hard drives, word processing documents, instant message logs, ATM transactions, cell phone logs, and so forth.

Documentary Evidence: Similar to demonstrative evidence, above, documentary evidence consists of any proof that can be presented in writing (contracts, wills, invoices, etc.). However, term can technically include any number of media upon which such documentation can be recorded and stored (photographs, recordings, films, printed emails, etc.).

Exculpatory Evidence: Typically used in criminal cases, this type of evidence is that which favors the defendant, either partially or totally removing their guilt in the case. In the United States, if the prosecutor or police have found evidence, it is their duty to disclose it to the defendant. Failure to do so can result in the case being dismissed.

Physical Evidence: Quite simply, this type of evidence is any proof introduced in the form of a physical object, whether whole or in part. In criminal proceedings, such evidence might consist of dried blood, fingerprints, a murder weapon, DNA samples, casts of footprints or tires at the scene of the crime, and so forth.

Prima Facie Evidence: This is "evidence sufficient to establish a claim or defense until rebutted by contrary evidence" (Blackwell, 2004). In Latin, it literally means "on its first appearance", and such evidence is generally deemed sufficient to prove a particular proposition or fact if it is not refuted by later evidence or argumentation.

Scientific Evidence: Evidence submitted to the court claiming to be scientific in nature must first conform to generally-accepted principles of the scientific community. In addition, judges must now insure that such evidence is also reliable (Bergman and Berman-Barrett, 2005).

Testimony: This is the "spoken evidence given by a witness under oath in court or at a deposition, or written evidence given under oath through an affidavit" (Blackwell, 2004). Generally, a witness is called forth, solemnly swears to tell the truth under the penalty of perjury. This is one of the most common forms of evidence in the legal system.

How to File Online FIR

2020-06-15T23:46:00.003+05:30

How To File a FIR Online in India?

Consumer Complaints

Have you lost your wallet and along with it all important documents like your PAN card and other bank debit and credit cards. Well, you don’t need to worry as you can always report lost and found cases to police via online. Here’s how to report such cases online as most people, who want to register a complaint, dread entering a police station since lodging a complaint seems like an arduous task or there is a constant fear that the authorities might not be cooperative. There are some states/union territories that allow submission for both FIR and complaints, and in this article, we will talk about the process of how to file an online police report.

1) Maharashtra

Visit this link to file a complaint https://mumbaipolice.maharashtra.gov.in/complaint.asp
Enter the details accordingly to proceed in the complaint.

2) Himachal Pradesh

Visit the following link to register a complaint online. http://hppolice.nic.in/Citizen/OnlineComplaints.aspx
It is a form where you have to fill in various fields. At first, you need to select your area.
In the second field, you will get the list of Police Stations. Please select the one which is nearest to your region.
Now select the type of complaint you want to make in your FIR.
After this, you need to describe your problem in detail. You should restrict your complaint to 2000 words.
In the next part, you need to fill your personal details like name, address, mobile number, etc.
Once you are done with all the fields, press the Submit button.

3) Delhi

Visit the following link http://www.delhipolice.nic.in/citizen_services.html
Under this link select the ‘Theft e-FIR’ option wherein you will be asked to choose between lost report and stolen report.
Select the type of report and proceed with your details to file a complaint.

4) Jharkhand

Go to the official website of Jharkhand police.
Enter your personal details in the given form.
After filling the form cross check all the information.
Now submit the form.
Now you will get the email confirmation from Jharkhand police.

2020-06-08T01:20:00.003+05:30

Types and prevention of cyber crime

Introduction

As a saying in criminology goes – “a crime will happen where and only when the opportunity avails itself.”.

Earlier, cybercrime was committed mainly by individuals or small groups. Presently, it is observed that there is highly complex cybercriminal networks bring together individuals at global level in real time to commit crimes.

Types of Cyber Crimes:

1. Hacking:

In this category, a person's computer is broken into so that his personal or sensitive information can be accessed. In the United States, hacking is categorized as a wrongdoing and punishable as such. This is different from ethical hacking, which many organizations use to check their Internet security protection.

- It is suggested to monitor children and how they use the Internet. Install parental control software to limit where they can surf.

- Make sure that social networking profiles such as Facebook, Twitter, YouTube, MSN are set to private. Check their

Denial of service attacks:

This crime is committed by the criminal, who floods the bandwidth of the victim's network or fills his e-mail box with spam mail depriving him of the services he is entitled to access.

Prevention of cyber crimes:

Computer users can adopt various techniques to prevent cybercrime.

- Computer users must use a firewall to protect their computer from hackers. Most security software comes with a firewall. Turn on the firewall that comes with their router as well.

- Computer users are recommended to purchase and install anti-virus software such as McAfee or Norton Anti-Virus. AVG offers free anti-virus protection if they do not want to purchase software.

- It is advised by cyber experts that users must shop only at secure websites. Look for a Truste or VeriSign seal when checking out. They should never give their credit card information to a website that looks suspicious or to strangers.

- Users must develop strong passwords on their accounts that are difficult to guess. Include both letters and numerals in their passwords. They must continuously update passwords and login details. By changing login details, at least once or twice a month, there are less chances of being a target of cybercrime.

2020-05-29T23:29:00.006+05:30

What are the Powers of High Court?

Inherent powers of the High Court. Under section 482 of the Code of Criminal Procedure, the inherent power of High Court is peculiar in criminal jurisprudence. It is the most powerful weapon for the High Court to clear the province of criminal law jurisdiction of all vitiating and malicious influences.

In the following cases, the inherent power of the High Court could be exercised to quash the proceedings-

1. Where there is a legal bar against the institution or continuance of the proceedings.

2. Where the allegation in the first information report (FIR) or complaint does not constitute the offence alleged.

3. Where there is no legal evidence adduced in support of the charge or the evidence adduced clearly or failed to prove the charge.

The above list of points is not exhaustive. High court may exercise its inherent power in other situations as well, to serve the ends of justice.

When to Use Inherent Power

In Divine Retreat Centre vs. State of Kerala, SC 2008, the Supreme Court held that there are three circumstances under which the inherent jurisdiction under section 482 of CrPC may be exercised-

1. To give effect to an order under the code.

2. To prevent abuse of the process of the courts.

3. To otherwise secure the ends of justice.

Cannot Order Stay of Arrest

In the case of, Ashok Kumar Singh vs. State of Bihar CrLT SC 1993, the Supreme Court held that the High Court, while exercising its jurisdiction under section 482, cannot order stay of arrest of accused during the investigation.

Investigation after Charge Sheet

In the case of, State of Punjab vs. CBI and others, SC 2011, the Supreme Court held that fresh investigation or re-investigation after the filing of charge sheet by police can be ordered by High Court under section 482 of CrPC to secure the ends of justice. Further held that inherent powers of the High Court are not limited or affected by section 173(8).

Cancellation of Bail by High Court

For the ends of justice, the High Court may order for the cancellation of bail using its inherent powers under section 482.

Quashing of FIR by High Court

In the case of, D.C Jain vs. UOI, 1994, Punjab and Haryana High Court: The allegation in FIR prima facie constituted the offence of cheating, and a civil suit was also pending in respect of the same offence. It was held that the pendency of civil suit is no ground for quashing the FIR.

Quashing of charge → Yes

Quashing of charge sheet → Yes

Quashing FIR on Account of Delay

It was held in case of, Jagdish Ram vs. the State of Rajasthan that, FIR does not deserve to be quashed by the High Court in the exercise of power under section 482 of the code merely on account of delay.

2020-05-24T00:11:00.001+05:30

What is R.T.I.

RTI stands for Right to Information. Right to Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empowers citizens to official inspect any Government work or to take the sample of material used in any work.

Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.

What you can do with RTI?

Under the provisions of the Act, any citizen may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively disclose certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005

Who is covered under RTI?

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.

All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is if a government department can access 1information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.

2020-05-14T22:33:00.003+05:30

WHAT IS ZERO FIR ?

It means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident. The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number zero and immediately transfer the documents over to the concerned jurisdiction.

Origin of the concept of Zero FIR:

The notion of Zero FIR is to institute a jurisdiction free FIR. It was introduced by the recommendation of the Justice Verma Committee in the Criminal Law Amendment Act, 2013 after the ghastly Delhi rape case.The Amendment was passed by the Lok Sabha on 19 March, 2013 and by the Rajya Sabha on 21 March, 2013 and received the President’s assent on 2 April, 2013 and is deemed to have come into force from the 3rd day of February, 2013.The 2012 Rape case led to several legal consequences through the Criminal Law Amendment, one of which was the concept of Zero FIR.

Registering an FIR was made mandatory for the police after the Amendment. ‘No police officer can refuse to register an FIR, if the offence being reported occurred outside their police station’s jurisdiction. He/ She is bound to register the FIR (this is called a zero FIR) and forward it to the concerned police station.’

Definition of Zero FIR:

An FIR that can be filed at any police station irrespective of the place of crime and area of jurisdiction is referred to as a Zero FIR. The FIR that is registered at the police station regardless of place of incidence or jurisdiction will later be transferred to the police station that has competent jurisdiction upon conducting preliminary investigation.

In the case of Satvinder Kaur vs. State (Government of NCT Delhi), The complainant had appealed in the Supreme Court against the order of the High Court, where the High Court had quashed the FIR filed at Delhi Police Station by the complainant. The Supreme Court held that, Police can investigate the case, which does not fall under their jurisdiction.

Legal provisions for Zero FIR:

There is no explicit provision in the Code of Criminal Procedure to accommodate Zero FIR.

· However, Section 460 of the Code ans Under clause (c) of section 166A [vii] of Indian Penal Code,

2020-05-13T00:38:00.001+05:30

How to file a complaint or F.I.R.

The First question comes to our mind is what is the difference between complaint and F.I.R.?

The difference between a F.I.R. (First information report) and a police complaint is that an F.I.R. relates to the cognizable offence whereas a police complaint can be filed for both non-cognizable and cognizable class of offences.

Now, what does Cognizable offences and Non-cognizable offences means?

Cognizable offences are those in which the police can arrest without any warrant. These are more serious in nature.

Whereas, Non-cognizable offences on the other hand are those for which a police officer has no authority to arrest, unless with a warrant.

Who can file an F.I.R.? Anyone, a victim of a crime, a person who has witnessed a crime or who has information about the crime can file an F.I.R.

Different source to file the complaint or F.I.R.

Enlightenment in detail

Personally visiting concerned police station.

a) It can be by giving oral complaint, or

b) Written complaint to concerned officers or senior police officers..

Free Copy of F.I.R.

Step 9: A free copy of F.I.R. will be given to you with an F.I.R. number, date of F.I.R. and the name of the police station.

R.T.I. (Right to Information)

If there is no response or steps taking on the said complaint even after follow up same can be re-verified followed with R.T.I. against the acknowledged complaint copy. R.T.I.

Filing a private complaint in court.

a) Order of magistrate to investigate the matter/complaint U/s 156(3) Crpc.

If the police authority or concerned office fails or decline to register the said complaint and there is enough evidence to support the complaint you always have a master key framed under the Criminal Procedure Code U/s. 156 (3) to file a private complaint and get the order of investigation by the magistrate or concerned court.

Online Complaint or Online F.I.R.

Many State’s Police authority nowadays provides an online platform to file a complaint for their citizens. The complaint can be directly file on the provided website of this authority’s. For instance the Mumbai Police authority is the one of the advance police authority who provides the platform for their citizens.

Social Media

In the 21^st century the technology is playing a major role in each and every field. We must have come across many complaint or video’s or other source of information which were either uploaded or shared on social media like facebook, tweeter etc. ended up to file complaint or F.I.R.

Nowadays, it is the easy way of putting up your views on online platform where a mass of volume is available.

2020-05-05T22:39:00.001+05:30

Grounds for Divorce under The Hindu Marriage Act,

Grounds of Divorce as per The Hindu Marriage Act

Adultery

The concept of Adultery may not be considered as an offence. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex.

Cruelty

The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person.

Desertion

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage

Conversion

If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.

Leprosy

Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce.

Venereal Disease

Under this concept, if the disease is in communicable form and it can be transmitted to the other spouse, then this can be considered as the valid ground

Presumption of Death

In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.