Whether accused having legally obtained certified copy of judgment free of cost in a warrant case u/s 371, Cr.P.C., can file Memo of appeal u/s 419, Cr. P.C. without payment of court-fees on the free copy

11-09-1970 –Yes-This exemption will enure to the benefit of the accused when after obtaining the same he files it before an Appellate Court in order to challenge the judgment. It is not necessary in this case to consider whether such a certified copy will be exempt from court-fees in some other proceeding, or exempt in… Read More Whether accused having legally obtained certified copy of judgment free of cost in a warrant case u/s 371, Cr.P.C., can file Memo of appeal u/s 419, Cr. P.C. without payment of court-fees on the free copy

Distinction and difference between the capacity to contract and authority to contract

Capacity to contract means power to bind oneself by the contract and authority to contract means the authority to bind another by the contract. Capacity is part of law of status, while the authority is part of law of principal and agent. Contracts made by agents and representatives, who have no authority from their principal to make them are not void, but merely voidable and may be ratified. They bind the agents and representatives in any case, if not adopted or ratified by their principal. Thus, if guardians on behalf of minors entered into contracts for their minor wards, such contracts would not bind the minors unless and until they adopted or ratified the same on becoming majors. However, such contracts are always binding on the guardians who made those contracts on behalf of their minor wards.… Read More Distinction and difference between the capacity to contract and authority to contract

Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy

The position has also been made clear by the latest Supreme Court decision on this point in the case of the The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareilly, . This decision interpreted Section 12(2) of the Limitation Act 1963 and following its earlier decision in the case of State of Uttar Pradesh Vs. Maharaj Narain and Others, the Supreme Court observed that the expression “time requisite” in Section 12(2) of the Limitation Act cannot be understood as the time absolutely necessary for obtaining the copy of the order.… Read More Calcutta High Court clarified the meaning “time requisite” in Section 12(2) of the Limitation Act for Certified Copy

How to compute Limitation for filing appeal if applied for Certified Copy of the order

However, the applicant is entitled to have the period of deduction computed from the date the application for a certified copy of the decree is made, till it is delivered, provided the application is filed within the period prescribed for filing the appeal, and no part of this period is due to any lapse on the part of the applicant, such as failure to supply copying sheets or deposit the cost of a certified copy within the time stipulated and failure to collect a copy on the date fixed for taken delivery of the same, irrespective of the fact whether on the date of filing of the application, the decree was signed or not. The limitation commences from the date of the Judgment and not from the date the decree is signed.… Read More How to compute Limitation for filing appeal if applied for Certified Copy of the order

SC modified 498A arrest direction and held Family Welfare Committee is impermissible

The court had in July last year directed the creation of Family Welfare Committees in every district, which would verify the allegations of dowry harassment received by the police or magistrate. The arrest of a person could only be made after the report of the committee is received, it had then said. Challenging the order … Read More SC modified 498A arrest direction and held Family Welfare Committee is impermissible

If a married woman raped, internal or external injuries may not be found

Admittedly the prosecutrix was already a married lady and, therefore, it was not necessary that some external or internal injuries should have been found on her person. No doubt, it is true that doctor could not give any definite opinion with regard to commission of offence, but, it was not the case of the appellants… Read More If a married woman raped, internal or external injuries may not be found

Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation,? This issue has been considered in the case of Saurabh Kumar through his father Vs. Jailor, Koneila… Read More Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

It is an admitted
position that the deceased was the owner-cum-driver of the vehicle in question.
The accident had occurred due to the rash and negligent driving of the vehicle
by the deceased. No other vehicle was involved in the accident. The deceased
himself was responsible for the accident. The deceased being the owner of the
offending vehicle was not a third party within the meaning of the Act. The
deceased was the victim of his own action of rash and negligent driving. A
Claimant, in our view, cannot maintain a claim on the basis of his own fault or
negligence and argue that even when he himself may have caused the accident
on account of his own rash and negligent driving, he can nevertheless make the
insurance company to pay for the same. Therefore, the respondents being the
LRs of the deceased could not have maintained the claim petition filed under
Section 166 of the Motor Vehicles Act.… Read More Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed

If the preliminary decree passed in the present proceedings without complying with the provisions of Order 32 Rule 7(1) is not a nullity but is only voidable at the instance of the appellants, the question is; can they seek to avoid it by preferring an appeal against the final decree? It is in dealing with this point that the bar of Section 97 of the Code is urged against the appellants. Section 97 which has been added in the Code of Civil Procedure, 1908 for the first time provides that where any party aggrieved by a preliminary decree passed after the commencement of the Code does not appeal from such decree he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree… Read More In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed

CAG of India codifies the standards and practices to be followed by auditors

Guidance Note on “Types of Audit” Communications Guidance Note on “Types of Audit” Reference No. III/J/19-328-PPG/23-2013 dated 17th October, 2013 Audit methodology is how the office of the CAG of India codifies the standards and practices to be followed by auditors in carrying out their work. It gives rigour and discipline to our work and… Read More CAG of India codifies the standards and practices to be followed by auditors

Difference between seizing of a document and impounding a document.

A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing of a property or document the said property or document is retained for some period… Read More Difference between seizing of a document and impounding a document.