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08/11/2024

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Welcome to "BNS vs. IPC I How Criminal Law is Practiced in India’s Courts I Practical Guide for Criminal Trials" – a podcast dedicated to the practical aspec...

22/10/2022

Ghodke chamber & Associates wishes to you and your family on the auspicious occasion of Dhanteras.
May Lord Kuber and Goddess Lakshmi shower you with wealth and prosperity.

14/10/2021

The answer is quite simple
Anticipatory bail application can be filed & Anticipatory bail can granted even after an FIR is filed, so long as the Applicant has not been arrested.
It is correct that in the even of FIR there would be arrest but in the light of the observation of the SUPREME COURT OF INDIA it can be concluded that if the Applicant entertains the apprehension of arrest at the hands of the police at the petition enquiry before registering FIR the courts could invoke section 438 Cr.P.C.

29/09/2021

Date of Online
MAH-L.L.B. 3Yrs.-CET 2021
Will be held on
04/10/2021 to 05/10/2021.
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ALL THE BEST

18/09/2021

Shivani Yadav v. Amit Yadav.

A Division Bench of Justice Ritu Bahri and Justice Archana Puri went on to allow the application filed by the couple under Section 14 of the Hindu Marriage Act wherein they had prayed that mandatory period of one year before filing the petition under Section 13-B of the Act for dissolution of marriage be condoned.

The Division Bench of the High Court noted that for the purpose of presenting a petition under Section 13-B before expiry of one year, Section 14 of the Act was relevant.

"Proviso to the above said section lays down that in case of exceptional hardship or exceptional depravity, if it appears to the Court, the time of one year can be reduced", the Court said

Hence a Mutual consent divorce can be filed within a year of marriage.

06/09/2021

There is a myth or a "legal strategy " which says that if a male files for conjugal rights he may be saved from maintenence and 498a of IPC is completely wrong and most probably a folk tale!
Maintenance is a legal right of the wife and the child, considering the courts have always consider that 25% of the total husband's salary and or income would be considered as wife's Maintenance.
Men should not be afraid of Domestic Violence case or 498a of Indian Penal Code, as they often get bail into it moreover there is ample of time to defend themselves.
Filing conjugal right under section 9 of Hindu Marriage Act is not a remedy against maintenance, Domestic Violence, 498a!

31/08/2021

Arnesh Kumar v. the State of Bihar is a landmark judgment, which was pronounced by the Apex Court as it imposed further checks and balances on the powers of the police before an arrest under section 498-A of Cr.P.C can be done which deals with dowry cases. iv The court held that:

• No arrests should be made on the basis of the offence being non-bailable and cognizable. The manner of the arrest should not be casual and based on a mere allegation made against a person. The arrest should be preceded by initial investigations by the officer to assess the genuineness of the complaint.

• Proper facts and reasons should be presented before a Magistrate by the officer affecting the arrest within 24 hours of the arrest. The Magistrate in turn is to be satisfied that condition precedent for arrest under Section 41 Cr.P.C has been satisfied and it is only thereafter that he will authorize the detention of an accused.

• Police office must ensure that they do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. The police officer shall be provided with a checklist for arrest that come under section 41 of the CrPC and they shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest.

• On top of arrest powers, the decision not to arrest an accused must also be forwarded to the Magistrate within two weeks from the date of the institution of the case with a Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

• Not only Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, but this judgement will apply to all matters where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.

The Bench consisted of Justice Chandramauli Kuamr Prasad and Justice Pinaki Chandra Ghose

27/08/2021

If a builder accepts more than 20 percent booking amount (of the value of flat) but fails to register the sale agreement, he commits an offence under Section 13 of the MoFA,1963. It is punishable with imprisonment of up to three years.
In addition to accepting money without registration, the builder can face criminal prosecution under MoFA for the following violations of law:

Illegally altering the floor plan specifications and amending building plans without buyer approval;

Failing to provide copies of approved plans, permissions, title documents to the homebuyer for inspection;

Failing to create a society of homebuyers after 10 flats have been booked in the project (a minimum of ten people are required to form a society);

Failure to convey ownership of land and common areas to the society after building construction is complete and possession of flats is given;

A criminal case under MoFA can be filed by two means. First is to register FIR in the local police station. Second is to by-pass the police and directly file a criminal complaint in the Magistrate’s Court under Sections 190 and 200 of the Code of Criminal Procedure, 1973.

14/08/2021

Those Who Own One Flat Shouldn't Be Allowed 4-5 Cars: Bombay High Court
High Court On Policy For Vehicle Parking: "Reduction in the purchase of new cars is needed. You can't permit one family to have four to five vehicles just because they can afford it. You should cross-check if they have parking spaces or not,"
A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said on Thursday that authorities "should not allow families owning only one flat to have four or five cars if they do not have sufficient parking space" available in their respective housing societies.

13/08/2021

Sessy Xavier v. State of Kerala

Advocate Roy Chacko appeared for the petitioner and submitted that there was no necessity for custodial interrogation. He added that the woman and her family members had already suffered adequate humiliation due to the episode.
The Counsel argued that the entire matter was merely an immature misunderstanding on the petitioner's part and that there was no malafide motive whatsoever. It was further submitted that the charge under Section 420 of IPC was added later on. 
The police had registered a case under Sections 417 (cheating) and 419 (cheating by impersonation) of the IPC based on the complaint filed by Alappuzha Bar Association secretary Abhilash Soman claiming that she did not possess the required qualification and that she had presented a fake roll number of the Kerala Bar Council to the association.