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Showing posts from August, 2017

Important Judgments related to 125 Cr.P.C.

1. 125 CrPC cannot be filed twice, only 127 CrPC is allowed. (High Court Gujrat), Bench Hbl J. M. R. Shah, Order on 30-08-2011, Cr RA/69/2011 8/8, Revision Appeal No. 69 of 2011, Chauhan Anjanaben Jayantibhai Vs Chauhan Kanaiyalal Mohanlal.(Chauhan vs Chauhan) 2. No Multiple maintenances are allowed. (High Court Gujrat), Bench Hbl J. Akhil Kureshi, order on 21-10-2010, Special Appeal No. 2080 of 2010, SCR. A/2080/2010, 2/2, Hemlataben Maheshbhai Chauhan Vs State of Gujarat. 3. Multiple petitions of maintenance are not allowed. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order on 30-08-10, Crl. M. C. No. 130/2010 and Crl. M. A. No. 504/2010, Rachna Kathuria vs Ramesh Kathuria. Citation No. 173 (2010) DLT 289. 4. Double Jeopardy. Same relief of maintenance cannot be asked twice in two different courts. Litigant cannot ride two horses. (High Court Mumbai), Bench Hbl B. Wahane, J. Order on 17-07-1991. Ravindra Haribhau Karmarkar Vs Mrs. Shaila R. Karmarkar. Citation ...

Landmark Judgment of Supreme Court on territorial jurisdiction of court in offence U/S 498A of IPC

Criminal - Territorial Jurisdiction - Sections 177, 178 and 179 of the Code of Criminal Procedure, 1973 (Cr.PC.) - High Court held that Criminal proceedings initiated by Appellant at ‘Gaya’ were not maintainable due to lack of jurisdiction — Hence, the Appeal - Whether criminal proceedings initiated by Appellant at Gaya against her husband and his relatives were maintainable or not. Held, offence was a continuing one and episode at Gaya was only a consequence of continuing offence of harassment of ill-treatment meted out to complainant/Appellant, Hence, Section 178(c) of Cr. PC. was attracted. It was continuing offence of ill-treatment and humiliation meted out to Appellant in hands of all accused persons. In such continuing offence, on some occasion all had taken part and on other occasion one of the accused/husband had taken part. Therefore, Section 178(c) of the Cr.PC. was attracted. Court set aside impugned order and permitted SDJM, Gaya to proceed with criminal proceedings a...

Procedures for Registration of Law Firm in India

The main requirement to register a law firm is that all the members should be registered as practicing advocate with State Bar Council. Advocates Act and BCI have many restrictions regarding this. Sole Proprietorship or One Man Company is not much advisable in Indian Legal Market. Because BCI has always some barriers for such Legal Firms. It is better to go for LLP Limited Liability Partnership in which you can control things as your wish. There are mainly 3 types of Legal Structures in India. They are Sole Proprietorship, Partnership, Limited Liability Partnership.  The sole proprietorship is one of the simplest business forms in which one can operate a business. This is not a legal entity. The sole proprietorship simply mentions a person who owns a business and is personally responsible for its own debts. There is no any formal procedure for registering a sole proprietorship Law Firm in India. This can be by opening a bank account in the nam...