Friday, August 30, 2019

Supreme Court verdict - Even if marriage is null and void, the wife will get maintenance


The Supreme Court has said that even if the marriage is declared null and void due to mischief or wrong act committed by the husband, he will have to pay maintenance under Section 125 of Code of Criminal Procedure despite declaration of nullity of marriage.

The bench of Justice R.Banumathi and Justice AS Bopanna upheld Kerala High Court judgment and dismissed a special leave petition against the High Court judgment.

In this case, the woman filed an petition against her husband. The woman said that marriage should be declared null and void because the husband is impotent. On this basis, marriage was declared nullity.

Before the High Court, the husband challenged the order directing him to pay maintenance and argued that the marriage has been declared null and void, the woman is not entitled to get maintenance because she does not fall within the definition of wife under Section 125 of CrPC. The High Court rejected the plea of ​​the husband and said that the marriage was invalid due to wrong act of the husband. In this case, the husband will have to pay maintenance.

Definition of wife under section 125 of CrPC 

"Wife" includes a woman who has been divorced, or has divorced from her husband and has not remarried.

In Supreme Court, husband challenged Kerala High Court verdict and argued that because marriage has been null and void, in such a situation,he cannot be forced to give maintenance. The Supreme Court rejected this argument because the marriage was null and void due to husband's mistake and harm. In such a situation, the husband cannot escape the responsibility of giving maintenance.

Case NameT.K. Surendran VERSUS P. Najima Bindu
Read/Download HC Judgment,Click here

Sunday, August 25, 2019

Law Officer Recruitment At Himachal Pradesh Public Service Commission


Himachal Pradesh Public Service Commission invites online application to fill up post of Law Officer on contract basis.

Title of the job 
Law Officer (Hindi), Class-II

Total Vacancies 
2 (Two)

Age Limit 
18-45 years

Pay Scale 
Rs.10300-34800+ Rs.4400 Grade Pay.
(Emoluments for contract employee(s) Rs. 14,700/- P.M.)

Qualification

  • Degree in Law from any recognized University.
  • Bachelor of Arts with Hindi as one of the main (Elective) subject.
  • At least five years experience as an Advocate.

Desirable Qualification

Knowledge of customs, manners and dialects of Himachal Pradesh(HP) and suitability for appointment in the peculiar conditions prevailing in the Pradesh.

How to apply?
Eligible candidates must have to apply online through official website of the Commission, click here 

Applications for this post received through any other mode will not be accepted and summarily rejected.

Note
Last date for submission of Online Recruitment Applications i.e. 30/08/2019.


Download Official Notification, Click here 

Friday, August 23, 2019

Supreme Court Held Not Every Failed Promise To Marry Is Rape



The Supreme Court made important remarks (Pramod Suryabhan Pawar vs. State of Maharashtra) on making physical relations with mutual consent. The court said that if women know that this relationship cannot be taken to any next stage, but even if they make a physical relationship with mutual consent then it cannot be called rape. In such a situation, we cannot say to rape a physical relationship formed by mutual consent by making false promises of marriage.

The bench of Justice DY Chandrachud and Justice Indira Banerjee dismissed the petition of a woman officer of sales tax on the ground that the relationship between the two was made by mutual consent.

The two judge bench also quashed allegations of rape by a woman on a CRPF officer. The court said in its decision that both were in relationship for more than 8 years. Both of them also stayed at each other's residence on several occasions during this period, which is clear that this relationship was formed by mutual consent.

The woman complainant said that she had known the CRPF officer since 1998. He alleged that the officer forcibly made physical relations by promising to marry in 2008.Till 2016, the two had a relationship and during this time both stayed at each other's residence for several days. 

The complainant says that in 2014, the officer expressed her inability to marry on the basis of woman caste. Even after this, the two had a relationship till 2016. In 2016, the woman lodged a complaint against the officer because she had received information about her engagement with another woman.

Breach of a promise cannot be said to be a false promise


"Cheating by making false promise is a situation in which the person promising does not have any plan to fulfill his tongue while giving promise," the court said.

The court said after studying the FIR closely that the promise of marriage made in 2008 could not be fulfilled in 2016. Only on this basis it cannot be said that the promise of marriage was merely to make a physical relationship.The court also said that the woman complainant also knew that there are many types of hurdles in the marriage. She was fully aware of the circumstances.




Wednesday, August 21, 2019

Meaning And Types Of Bail In India


At times, a person commits a crime or is caught in a false case and arrested by the police. So the person has been given the right to seek bail in the law. But it has to be remembered that there are many cases where bail can be granted and where bail cannot be granted. When a person goes to jail for an offence, the order received from the court or the police to get him released from jail is called bail.

What is Bail ? 

Bail in simple language means Security taken from a person to appear before a court on a certain date. The meaning of the word bail, as it is commonly understood, is that a person can be set free under arrest, detention, or restraint by taking security for his or her appearance.

Types Of Bail 

Bail in Bailable offence 

Crimes are of two types, bailable and non-bailable. Bailable offence includes cases of assault, threats, careless driving, death due to negligence. In such a case, there is a provision of bail from the police station. The accused fills the bail bond in the police station and is then granted bail.

Bail in Non-Bailable offence

Some serious crimes like robbery, murder, rape, kidnapping, kidnapping for ransom etc. are non-bailable offence. In such a cases, all the facts are presented before the court and then the court decides the bail.

Default Bail 

Even if the case is very serious, the accused can be granted bail even if the police do not file a chargesheet in time. For example, in a case where there is a provision of 10 years or more punishment, it is necessary to file a charge sheet within 90 days of the arrest. If the charge sheet is not filed during this time, then there is a provision to provide bail to the accused under Section 167 (2) of the CrPC. In the case less than 10 years of imprisonment, a charge sheet has to be filed within 60 days and there is a provision for bail if not done.

Regular Bail 

When a case is pending against an accused in a trial court, the accused seeks bail from the court under Section 439 of the CrPC. The trial court or high court decides on the application based on the merit of the case. Under this section, the accused is given interim bail or regular bail. For this, the accused has to fill the bond and follow the instructions.

Anticipatory Bail 

If the accused suspects that he may be arrested on an accusation of having committed a non-bailable offence, he may seek anticipatory bail under Section 438 to avoid arrest.

While granting anticipatory bail, the court may impose one or more of the following conditions based on the facts of a particular case:


  • As and when required, Be available for interrogation by the police officer;
  • The Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts and evidence of the case so as to dissuade him from disclosing such facts to the trial court or to any police officer;
  • The person shall not leave India without the previous permission of the court.


Wednesday, August 14, 2019

Assistant (Judicial) Vacancy @ National Green Tribunal (NGT)


NGT invites applications from Indian Nationals in the prescribed proforma for direct recruitment to following posts in the National Green Tribunal (NGT), at its Principal Bench at New Delhi and four Zonal Benches at Bhopal, Chennai, Pune and Kolkata.

Title of the job 
Assistant (Judicial)

Pay Scale 
Level-7 (Rs 44900-142400/-)

Total Vacancies
03 (Three)-(1 UR, 2 OBC)

Age Limit
21-30 Years

Education & Qualification

  • Bachelor Degree in Law from a recognised university/Institution. 
  • Computer Training Course of at least 06 (Six) months duration from recognised institution.


How to apply? 
Applications may be sent to the Registrar General, National Green Tribunal (NGT), Faridkot House, Copernicus Marg, New Delhi-110001 in a closed envelop with the words "Application for the post of "Assistant (Judicial) in National Green Tribunal(NGT)" written on top of it, so as to reach by 26.8.2019 positively.

Note

  • The last date of receipt of applications is 26-8-2019. 
  • Incomplete, unsigned, and the applications received after the last date of receipt of applications shall be rejected summarily, without any notice to the candidate.


Download Official Notification, Click here 

Monday, August 12, 2019

Supreme Court landmark verdict on adverse possession over property


Often we give our land or houses to others for a period of time or some people may even commit illegal encroachment as per their needs, but now it can be risky, according to the new Supreme Court judgement.

The Supreme Court has given a landmark verdict (Ravinder Kaur Grewal versus Manjit Kaur on 07.08.2019) in this regard, the Supreme Court has held that the occupant can claim Adverse possession of land or property which has been in possession of him for 12 years or more without any interruption.

A bench of Justices Arun Mishra, Justice S. Abdul Nazer and Justice MR Shah held that a person, who is not a title holder (the original owner) but acquires rights over the property under the doctrine of adverse possession, is empowered to file law suits to reclaim possession in case he is dispossessed by original owner or any other person.

The apex court also said that if such a person is being evicted from the land, he can also seek legal aid. It is clear from this judgement that if the actual or legitimate owner fail to move within the stipulated time limit of 12 years to get their immovable property back from the possession of another, his ownership and the immovable property which has been occupied for 12 years will be lost.

According to the Limitation Act 1963, the statutory period of the limit allowed for possession of immovable property or any interest is 12 years in case of private property and 30 years for public property, the date from which the encroacher is occupying the property.

The bench said "We hold that a person in possession cannot be evicted by any other person except the due procedure of law and once the 12 years period of adverse possession expires, the right of the owner to evict him is also lost. In our opinion, consequences is that once the right, title or interest is acquired, it can be used as a sword by the plaintiff as well as a shield by the defendant under Article 65 of the Limitation Act 1963 and any person who has perfected title by way of adverse possession can file a lawsuit for restoration of possession in case of dispossession".

The bench said that the right to adverse possession should not be applicable in case of encroachment of public property.


Download Judgment, click here 

Sunday, August 11, 2019

Witness, Types Of Witness & Important To Know When Someone Can Become A Witness In Criminal Justice System


In a criminal case, a witness is the someone who testifies in a court hearing because he has a direct knowledge of a crime or significant incident.

The witness is the most important factor in the criminal case. There are many types of witness – witness present on behalf of the prosecution, defence witness or court witness.

Important to know when someone can become a witness


  • The statements of his witnesses are the most important to prove the case of the prosecution. If there is an incident somewhere, whoever has seen the incident or has any information about the incident or it can be helpful to add a link to the case, then he is made an prosecution/government witness.
  • When the police are investigating the case, whenever they feel that such a person has information about the incident, the police makes him a witness to the prosecution/government. The police registers the statements of such witnesses under Section 161 of the Code of Criminal Procedure.
  • When the police record the statement of the prosecution witness, that statement is not signed by the said witness. If the police feels that the witness can be pressurised or retracted from his statement, then he can also record the statement of the said witness before the magistrate as a precautionary measure.The statement of the witness before the magistrate is recorded under Section 164 of the Code of Criminal Procedure (CrPC) and the statement is signed by the witness. Usually, in sexual harassment or rape cases, the police also record the Victim's statement in front of the Magistrate.
  • After the statements of the prosecution witnesses, the police has submitted a list of witnesses to the court along with the charge-sheet, and after the charges are framed, the court issues summon to the witnesses one by one and then the witnesses appear before the court and record the statement.
  • If the witness of the government side makes a statement in a court different from the statement made in front of the police, he is treated as a retracted witness and then the prosecution lawyer cross-examines with that witness.If he does not retract his statement, then the defense lawyer will cross examines him. After the witness's statement and cross exam, his statement is considered complete & recorded.
  • After the statement of the prosecution witness and the statement of the accused, the accused can request the court to call the witness in his defense. According to the list presented before the court, the court issues summons to the defense witnesses and they appear in the court for statements. However, the court decides who is required to be called in the list of witnesses.
  • At times, the court feels that the statement of such a person may be important for the case, so he can take cognizance of himself and summon the witness under Section 311 of the CrPc. Such a witness is called court witness.
  • In cases where police evidence is weak or lack of witnesses, the prosecution sometimes files an application to the court for make a accused witness, and then the court calls him and asks him for his will, and if he is ready, he is made an approver witness. 

Friday, August 9, 2019

Legal Advisor Vacancy @ New Delhi Municipal Council (NDMC)


New Delhi Municipal Council (NDMC) invites application to fill up post of Legal Advisor on deputation basis for a period of 3 years.

Title of the job
Legal Advisor

Total vacancies 
1(One)

Pay scale
PB-4 Rs37400-67000 + Grade Pay Rs10000/-(revised in 7th CPC Pay Level 14 Pay Matrix Rs 144200-218200)

Qualification


  • Holding analogous posts on regular basis in their parent cadre/department;
  • With 2(Two) years service in the grade rendered after appointment thereto on a regular basis in the pre revised pay scale of PB-4 Rs 37400-67000 + Grade Pay Rs8900/- (revised in 7th CPC Pay Levet 14) or equivalent in the parent cadre/department and
  • Law degree from a recognized university or equivalent;
  • 15(Fifteen) years experience of legal matters.


How to apply?

Applications of the eligible and willing officers, who would be spared in the event of their selection, may be forwarded in the enclosed Proforma (Annexure-l) (Bio-Data) in duplicate to the undersigned at Room Number 5016, 5th Floor, Palika Kendra, Sansad Marg, New Delhi, Pincode - 110001, by 12.09.2019.

The application should be duly signed by the applicant and certified by the Head of Department(HOD)/ Employer. The candidates applying for the post shall not be allowed to withdraw their candidature subsequently.

Note
Deputation period can be extended/ curtailed as per requirement/performance of the individual. 

The Circular alongwith the Proforma (Annexure-l) may also be downloaded from the New Delhi Municipal Council website: www.ndmc.qov. in.

Download Official Notification /Application form, Click here 


Wednesday, August 7, 2019

Article 370 gone, Important points You need to know after Article 370 is revoked


The resolution removing the provisions of Article 370, which would give special status to Jammu and Kashmir, and the historic bill dividing the state(J&K) into two union territories, got the seal of Parliament on Tuesday.

Today President Ram Nath Kovind has signed the bill to declare abrogation of the provisions of Article 370.

Two bills and two proposals were passed


First Bill - Jammu & Kashmir (Reorganisation) Bill 2019, for the re-formation of Jammu and Kashmir.

Second Bill - Jammu & Kashmir Reservation (2nd Amendment) Bill 2019, 10 percent reservation to the economically weaker section in J&K.

First proposal - Abolish most of the rules of Article 370 granting special status to Jammu and Kashmir.

Second proposal - Abolition of state rights (35A) defining permanent residents.

Under both the resolutions, a proposal to abolish Special  Sections 370 and 35A of Jammu and Kashmir was proposed in the Rajya Sabha. On the other hand, both the bills proposed a re-formation of Jammu and Kashmir and 10 per cent reservation to economically weaker section in J&K.

Despite opposition revote, all the resolutions were passed in the Rajya Sabha on Monday. That is, the path to dividing Jammu and Kashmir into two Union Territories, Ladakh and Jammu and Kashmir was cleared. There will be an assembly in Jammu and Kashmir but there will be no assembly in Ladakh.

These proposals were presented in the Lok Sabha on Tuesday. After getting a day's discussion, it got approval from the Lok Sabha and Jammu and Kashmir got divided into two union territories.

What is Article 370?


Jammu and Kashmir was given special status under Article 370. This article was added to the Constitution in 1949. The state has its own constitution. The law of the land did not apply here. The Government of India could only intervene in defence, foreign and communication matters in the State.

Who wrote?


Constitution maker B.R Ambedkar had refused to write article 370 in the constitution of India. This section was then prepared by Gopalaswami Ayyangar of Tamil Nadu. Ayyangar was a minister without a ministry in Nehru first cabinet. He was also the Diwan of Maharaja Hari Singh of Jammu and Kashmir.


What is Union Territory?


Union Territory means that the central government will now have direct rule there. Jammu and Kashmir will have assembly elections, but earlier it had a tenure of 6 years. From now on will be 5 years old only. On the other hand, Ladakh will have an administration like Chandigarh. There will be no assembly.

How is union territory different from the common state?


The rule in the Union Territory is in the hands of the Lieutenant Governor appointed by the President. In the absolute states, elected government are best as compare to Union Territory. The elected government in the full state has more powers. However, important laws in the Union Territory require the approval of the Lieutenant Governor.

Article 370 end from Article 370?


In Parliament Opposition said that amendment in Constitution is necessary for changes in Article 370. Amit Shah replied, "There is no legal obligation to amend the Constitution to declare Article 370 ineffective. This provision may be amended only through a notification of the President.

Shah said clause 3 of Article 370 provides for empowering the President to abolish Article 370 by a notification. But In this provision consent must be obtained from the state assembly before the change in Article 370. But this obligation is not necessary due to the imposition of President rule in Jammu and Kashmir.

Important points after Article 370 is revoked


  • The President will appoint the Lieutenant Governor.
  • Now the Home Ministry will run.
  • The Bureaucracy will also be controlled by the Centre.
  • Right to Information will now applicable.
  • Investment will grow in the state.
  • Ladakh dependence will be reduced.
  • Hindus and Sikhs will get reservation.
  • No dual citizenship
  • Central law can directly apply
  • No separate law for Jammu and Kashmir
  • Indian citizens from other states can buy property
  • Centre can declare financial emergency (Article 360)
  • No two flags
  • Elections every five years
  • Police will be managed by the centre


Thursday, August 1, 2019

Delhi Judicial Service Vacancy @ Delhi High Court


Delhi HC invites online applications from eligible candidates for filling up vacancies in Delhi Judicial Service.

Title of the job
Delhi Judaical Service Examination 2019

Total Vacancies
45 (Forty-Five)


Pay scale
Rs.56100-177500

Selection Procedure

  • Delhi Judicial Service Preliminary Examination (objective type questions with 25% negative marking) for selection for the main examination. 
  • Delhi Judicial Service (DJS) Main Examination (Written) for selection of candidates for calling for Viva voce.


Eligibility

  • Candidates must be a citizen of India. 
  • Practising as an Advocate in India or a person qualified to be admitted as an Advocate under Advocates Act 1961. 
  • Not more than 32 years of age. 


Important Dates & Time

  • Starting Date to apply online: 02/08/2019 (10:00 AM) 
  • Last Date for filling online application: 02/09/2019 (10:00 PM) 
  • Delhi Judicial Service Preliminary Examination will be held on Sunday, the 22nd September, 2019. 


Application Fee 
▪️General Category: Rs.1000/-
▪️Reserved Categories: Rs.200/-

How to apply? 
Candidates may submit their application online only in the prescribed format through the official website of Delhi High Court, Click here


For Official Notification, Click here