3978
Channel only for LAW Students, Advocates, Lawyers, LLB, LLM Students, PCS-J, APO, State PCS and UPSC Law Optional Students. Judicial Notes/Services
WHAT ARE THE DIFFERENCES BETWEEN RIOTING AND AFFRAY
6 Differences Between Rioting and Affray
1. RELEVANT SECTION IN IPC
Rioting is given under Section 146 of IPC.
Affray is given under Section 159 of IPC.
2. ESSENTIALS OF RIOTING
There must be an unlawful assembly.
The accused must be a member of such an unlawful assembly.
Force or violence must be used by such unlawful assembly or by any member of such assembly.
ESSENTIALS OF AFFRAY
A fight between two or more persons.
It must be in a public place.
The fight must disturb public peace.
3. PLACE
Rioting may be committed at any place, whether public or private.
Affray is committed only in a public place.
4. NUMBER OF PARTIES
In rioting, there must be a minimum of five persons.
In affray, a minimum of two persons are required.
5. PUNISHMENT
In rioting, every member is punishable irrespective of whether he has actively participated or not.
In affray, only those persons are punished who are participating.
6. NATURE
Rioting is more serious in nature.
Affray is less serious in nature
🌟Right To Work is Not A Fundamental Right Under Art.21
🌟 The court distinguished the ruling in _Olga Tellis v. Bombay Municipal Corporation_ and held that “in that case the petitioners were very poor persons who had made pavements their homes existing in the midst of filth and squalor and that they had to stay on the pavements so that they could get odd jobs in the city. It was not the case of a business of selling articles after investing some capital.”
🌟 In _Secretary, State of Karnataka v. Umadevi_, the Court rejected that right to employment at the present point of time can be included as a fundamental right under Right to Life under Art. 21.
🌟 In _Sodan Singh v. New Delhi Municipal Committee_ , the five-judge bench of the Supreme Court distinguished the concept of life and liberty within Art.21 from the right to carry on any trade or business, a fundamental right conferred by Art. 19(1)(g) and held the right to carry on trade or business is not included in the concept of life and personal liberty. Article 21 is not attracted in the case of trade and business.
Who records dying declaration?
Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication.
Good news for Delhi Lawyers!!!
New Delhi, Feb 8 (PTI) The Delhi government is inviting fresh applications for the Chief Minister Advocates Welfare Scheme under which lawyers, who are residents of the capital, are provided Rs 5 lakh medical insurance and term insurance of Rs 10 lakh. ... “Another good news for Delhi's legal fraternity!
Definition of #Decree
As per section 2(2) of Code of Civil Procedure 1908, a decree is a legal pronouncement of an adjudication by the court, that ascertains the rights of the plaintiff and defendant, about all or any matters of the suit. It is derived from the judgment, i.e. a decree comes into being as and when the judgment is expressed and not on the date when it is duly signed and authorized.
A decree can be a preliminary or a final one, subject to the further proceedings required before the disposal of the suit. If in case any of the matters of the suit is resolved, then it is a preliminary decree, while when all the matters of the suit are resolved, it is termed as the final decree. A preliminary decree is not based on the final, but the final decree is based on the preliminary decree.
There are two parties in a decree, namely decree-holder – the individual, in whose favor the decree is passed and judgment debtor – an individual, against whom the decree is passed.
Definition of #Order
The order can be defined as the legal declaration of the decision, by the judge or the panel of judges in the court, which does not include a decree, ascertaining the legal relationships between the plaintiff and defendant, of the court proceedings, trial or appeal.
In finer terms, an order is the direction given by the judge or court to a party to the suit, to perform a specific act or refrain him/her from doing certain acts or direct the public official to take certain actions, is known as an order.
An order is concerned with procedural aspects such as impleadment, adjournment, amendment or striking out of parties of the contesting parties
If you are practicing advocate/intern then you must have heard about this section, you may have a look at that in 3 minutesSection 313 in The Code Of Criminal Procedure, 1973
313. Power to examine the accused.
(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-
(a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub- section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
4. Rescission
Rescission allows a nonbreaching party to cancel the contract as a remedy for a breach. Rather than seeking monetary damages, the nonbreaching party can simply refuse to complete their end of the bargain. Rescission puts the parties back in the position they would have been in had they never entered into the contract.
However, to justify rescission, the breach must be material. That means that it has to go to the heart of the contractual agreement.
For example, imagine that you contract to provide catering services for an event. The contract requires the other party to pay half the contract price by a certain date, but they never pay.
Since payment goes to the heart of the contract, you would be justified in rescinding the contract and refusing to provide the catering services
2. Specific Performance
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain.
Monetary damages are typically favored over specific performance as a remedy for breach of contract. However, specific performance may be available when monetary damages won’t adequately compensate you. For example, they may apply to a contract for something that is unique and can’t be easily replaced.
Common Remedies for breach of contract.
✍Compensatory Damages
✍ Specific Performance
✍ Injunction
✍ Rescission
✍ Liquidated Damages
✍ Nominal Damages
NCLT is a quasi-judicial authority incorporated for dealing with corporate disputes that are of civil nature arising under the Companies Act.
Читать полностью…
Section 160 of CrPC
160. Police officer' s power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence
Indian Penal Code 1860 Section 397
Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled,
(i) neither party has a spouse living at the time of the marriage;
[(ii) at the time of the marriage, neither party
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity
(iii) the bridegroom has completed the age of 21 [twenty-one years] and the bride, the age of 18 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.
♦ De Novo
Latin for “anew” or “afresh.” Usually used as Trial De Novo. New trial, or one that is held for a second time, as if there had been no previous trial or decision.
Join🔛
🔰 @LLBsubject
Every year you must have seen that on the occasion of Independence Day and Republic Day, in the spirit of patriotism, people put the national flag on their car, but do you know that not everyone can fly the flag of India on car and violation of such law can land that person in Jail.
Who can Fly Flag on Motor Car?
According to Section IX of the Flag Code special privileges have been conferred upon some constitutional dignitaries to fly flag on the motor-cars. These dignitaries are:
President and the Vice President of India,
Governor and the Lieutenant Governor,
Prime Minister and other Cabinet Ministers
Minister of State at the Center
Chief Minister and Cabinet Minister
Lok Sabha Speaker
Rajya Sabha Vice Chairman and Deputy Speaker of Lok Sabha,
Speakers of Indian Missions Posts abroad,
Speakers of Legislative Assemblies and Councils
Chief Justice of India, Judges of Supreme Court, Chief Justices and Judges of High Court.
What is a Special Power of Attorney?
A special power of attorney is a legal document outlining the scope of authority given to an agent, known as “an attorney in fact,” by the principal. Under the special power of attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions. It is also referred to as Limited Powers of Attorney (LPA) and is used as evidence of the principal’s authority to the third person with whom the principal may be dealing with.
What if person survives after dying declaration?
Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person's death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.
Can FIR be treated as dying declaration?
Supreme Court Of India held that statement by injured individual recorded as FIR can be considered as dying declaration and such statement is admissible under Section 32 of Indian Evidence Act. It was additionally held that dying declaration must not cover the complete incident or narrate the case history.
*TOP MAINTENANCE CASE LAWS IN FAVOUR OF HUSBANDS*
1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).
2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553.
3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.
4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008.
5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.
6. Children have to maintain their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.
7. Conditions when maintenance to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115.
8. All states amends in Sec 125 CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.
9. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband. (High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158.
10. Maintenance on actual earning. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505.
11. Maintenance denied for working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.
12. No maintenance for capable and working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170.
13. No maintenance to earning wife, only to children. (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.
14. No Maintenance to working wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.
15. No Maintenance to wife, but only to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374.
16. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.
17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.
What are the time limits for bringing civil claims?
The period of limitation is prescribed by the Limitation Act, 1963 (Limitation Act).
Typically, the period of limitation for instituting civil suits is three years from the date on which the cause of action arose. There are exceptions: the limitation for a suit to recover possession of immovable property is 12 years, and the limitation for a claim founded on tort is ordinarily one year. Suits relating to contracts must be instituted within three years from accrual of the cause of action. In suits of a description not covered by the Schedule to the Limitation Act the period of limitation is three years.
The period of limitation for an appeal to the High Court from any order is 60 days, unless the appeal is from an Order of the High Court to an appellate bench of the High Court, when the limitation is 30 days. The period of limitation for special leave to appeal to the Supreme Court is 90 days. However, if a High Court issues a certificate of fitness to appeal to the Supreme Court, the limitation is 60 days. For all other appeals, the limitation is 30 days.
5. Liquidated Damages
Liquidated damages are a specific amount the parties agree to in the contract as compensation for a breach.
Contracts often use liquidated damages provisions where it might be difficult to calculate the correct amount of compensatory damages.
Real estate purchase agreements and construction contracts commonly rely on liquidated damages. They might be a specific sum, such as the amount of the earnest money on a purchase contract. Or they could depend on a formula, such as a certain amount of money for each day a deadline is not met. Partnership agreements are also likely to include liquidated damages provisions.
Although courts typically uphold liquidated damages clauses, they may disregard them if the amount of liquidated damages is drastically smaller or greater than the value of the actual harm the plaintiff has suffered.
6. Nominal Damages
A court may award nominal damages as a legal remedy for breach of contract when the plaintiff cannot support their claim for compensatory damages. With nominal damages, the court recognizes that a breach of contract occurred, but no harm can be calculated.
While receiving nominal damages may feel like a pyrrhic victory, the plaintiff does get the benefit of the ruling in their favor. This may be simply a moral victory, or it may pave the way for the plaintiff to pursue another type of legal action. If the contract has an attorney fee provision, an award of nominal damages may also enable the plaintiff to seek their attorney fees from the defendant.
3. Injunction
Injunctions serve a similar purpose as specific performance. The difference is that with specific performance, the court orders a party to do something. With an injunction, the court often orders a party not to do something.
An injunction may be permanent or temporary. Temporary injunctions are often ordered while litigation is pending to prevent potential damage. For example, in a lawsuit that concerns a breach of a noncompete contract, a court might order the defendant to cease the allegedly competitive activity until the lawsuit is resolved. A permanent injunction, as the name suggests, is permanent. A judge may issue a permanent injunction as part of their final ruling in a lawsuit.
1. Compensatory Damages
An award of compensatory damages is the most common of the legal remedies for breach of contract.
The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract. They typically fall into two categories: expectation damages and consequential damages.
Expectation Damages
Expectation damages—also referred to as general damages—are those that directly result from the breach of contract.
For example, imagine a company that provides bus tours enters into a contract to buy a bus for $100,000. However, the seller backs out of the contract and refuses to sell the bus. The bus company finds another seller with a similar bus, but they won’t take less than $110,000. In that case, the expectation damages would be $10,000—the difference between the contract price and the amount the company had to pay another seller for the same product.
Consequential Damages
Consequential damages are those that flow as a natural consequence of the breach.
Order 7 Rule 14: Production of document on which plaintiff sues or relies.
(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.
(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory.
The Indian Penal Code 1860 section 392.
Punishment for robbery.—Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
CURFEW ORDER
Section 144 of CrPC confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of the case and the order is to be served in the manner provided by section.
ANTICIPATORY BAIL
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the CrPC. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence as per law.
When the accused can be discharged
Section 256 in The Code Of Criminal Procedure, 1973
256. Non- appearance or death of complainant.
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the non- appearance of the complainant is due to his death.