Law You Need

What is Review? Review literally and even judicially means re-examination or re-consideration of its own decision by the very same court. Basic philosophy inherent in it is the universal acceptance of human fallibility. An application for review may be necessitated by way of invoking the doctrine ‘ actus curiae neminem gravabit ’ which means an act of the court shall prejudice no man. The other maxim is, ‘ lex non cogit ad impossibillia ’ which means the law does not compel a man to do that what he cannot possibly perform. Section 114  of the  Code of Civil Procedure  (in short CPC) provides for a substantive power of review by a civil court and consequently by the appellate courts. Section 114 of the code although does not prescribe any limitation on the power of the court but such limitations have been provided for in Order 47, Rule 1 of the CPC. The grounds on which review can be sought are enumerated in Order 47, Rule 1 CPC, which reads as under: Appli...

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 ...

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...

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...

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...