Law You Need

WHAT ARE HUMAN RIGHTS? HUMAN RIGHTS DEFINED While some dictionaries define the word right as “a privilege,” when used in the context of “human rights,” we are talking about something more basic. * Every person is entitled to certain fundamental rights, simply by the fact of being human. These are called “human rights” rather than a privilege (which can be taken away at someone’s whim). They are “rights” because they are things you are allowed to be, to do or to have. These rights are there for your protection against people who might want to harm or hurt you. They are also there to help us get along with each other and live in peace. Many people know something about their rights. Generally they know they have the right to food and a safe place to stay. They know they have a right to be paid for the work they do. But there are many other rights. When human rights are not well known by people, abuses such as discrimination, intolerance, injustice, oppress...

A Will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. A will can be made by anyone above 21 years of age in India. A will is a statement made by a testator in the written form stating the manner in which his estate/property must be distributed after his death. A will being a testamentary document comes into effect after the death of the testator and if the person dies without writing any Will then he is said to be have died intestate. The person in whose favor the testator bestows the benefits called beneficiary or legatee. A will is otherwise called as Testament. Golden rule for interpretation of will if there is inconsistency between earlier and latter part of will. To the extent that it is legally possible, effect should be given to every disposition contained in the Will unless the law prevents effect being given to it. Of cours...

Evidence of sting operation is admissible and can be used against corrupt. Sting Operation is a deceptive operation designed to nab criminals. Generally, a law-enforcement officer or cooperative member of the public play a role as criminal partner or potential victim and go along with a suspect’s action to gather evidence of suspect’s wrongdoing. (A) Constitution of India, Art.21-  Complaint - Evidence Procured by illegal means - tape recordings or photographs - If the evidence is admissible, it does not matter how it has been obtained - It is a settled legal proposition that even if any evidence is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved - This court repelled the contention that obtaining evidence illegally by using tape recordings or photographs offend Articles 20(3) and 21 of the Constitution of India as acquiring the evidence by such methods was not the procedure established by law - I...

There are different types of evidences under the Indian Evidence Act, 1872. These are mentioned below- 1) Oral Evidence 2) Documentary Evidence 3) Primary Evidence 4) Secondary Evidence 5) Real Evidence 6) Hearsay Evidence 7) Judicial Evidence 8) Non- Judicial Evidence 9) Direct Evidence 10) Indirect Evidence or Circumstantial Evidence These are elaborated below-Quashing of FIR guidelines 1) Oral Evidence–  Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences. Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue. 2) Documentary Evidences –  are defined under sect...

Ordinary tantrums and discord or differences in domestic life does not amount to cruelty as envisaged under Section 498-A of IPC Bombay High Court: While allowing the application for suspension of sentence of the applicant/accused under Sections 498-A and 306 read with Section 34 of the IPC, the Bench of A.M Badar, J., observed that, matrimonial cruelty is included from the definition of legal cruelty as envisaged in Section 498-A of IPC. It was further observed by the Bench that, ordinary tantrums and discord or differences in domestic life does not amount to cruelty. In the present case, the applicant/accused married his deceased wife in 2009; however in 2014 she committed suicide by hanging herself. It was alleged by the parents of the deceased wife that the applicant/accused subjected her to cruelty, thereby abetting her to commit suicide, thus resulting in the conviction and sentencing of the applicant/accused under Sections 498-A, 107, 306 and 34 of the IPC...

Ordr.1. Parties to suits 13.rules O/2.frame of suit 7.rules O/3.Recognized agents and pleaders 6.rules O/4.Institution of suits 2.rules O/5.Summons 30.rules O/6.Pleadings 18.rules O/7.Plaint 26.rules O/8.Written statement and set-off 13.rules O/9.Appearance and nonappearance of parties 14.rules O/10.Examinations of parties by court 4.rules O/11.Discovery and inspection 23.rules O/12.Admissions 9.rules O/13.Production,impounding and return of documents 11.rules O/14.Issues 7.rules O/15.Disposal of suit at first hearing 4.rules O/16.Summoning and attendance of wittnesses 21.rules O/17.Adjournments 5.rules O/18.Hearing of the suit and examination of witnesses 18.rules O/19.Affidavits 3.rules O/20.Judgment and decree 20.rules O/21.Execution of decree and Orders 103.rules O/22.Death, marriage and insolvency of parties 12.rules O/23.Withdrawal and adjustment of suits 4.rules O/24.Payment into court 4.rules O/25.Security for Costs 19.rules...

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors 1990 "...In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by way of illustration, wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice,  though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guide- lines, myriad kinds of cases wherein such power should be exercised : (a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, ju...

Liquor shops must be at least 500 meters away from state and national highways, Supreme Court ordered. Liquor shops must be at least 500 m away from highways, ads to be removed the license of existing shops will not be renewed top court order to ensure commuters' safety on highways - New Delhi: Liquor shops will not be allowed on highways from April, the Supreme Court said today. The license of existing shops will not be renewed. Liquor shops must be at least 500 meters away from state and national highways, said a three-judge bench headed by Chief Justice TS Thakur. The judges also ordered that liquor banners and ads be removed from these spots. The orders have to be implemented by the Chief Secretary and police chiefs of states. While hearing a number of petitions, the top court had indicated in previous hearings that it would order the shutting of all liquor shops on highways for the safety and security of commuters who get distracted. Liquor shops must...