Mediation is a customary procedure ordered by family courts for civil suits relating to family law like divorce, child custody etc. The idea of mediation is to allow parties to dispute to sort out their issues between themselves without going through court procedures. All parties to mediation -- mediator, petitioners, respondents, and their lawyers are expected to work towards that goal.Following is a brief explanation of procedure of mediation.1. Mediation date and time is given by court to both parties - husband and wife parties. On the date of mediation both are expected to appear in Mediation centre of the court premises.2. Mediation is conducted/moderated by an expert who is a lawyer by training and does it pro-bono, i.e, without financial remuneration.3. Mediation process once … [Read more...] about Mediation – what it means and what it entails
Legal Info
Judgments related to contempt of court
What is contempt of court? Find a few related judgments below:http://www.498a.org/forum/viewtopic.php?f=16&t=2617http://judis.nic.in/supremecourt/qrydisp.aspx?filename=29218 … [Read more...] about Judgments related to contempt of court
Definition and Meaning of Stridhana
At the outset, we may notice as to what is ‘Streedhana’In Rashmi Kumar (Smt.) vs. Mahesh Kumar Bhada [(1997) 2 SCC397], the meaning of Stridhana has been taken from Mayne’s Hindu Law &Usage (13thEdn.). It was opined:“9. A woman’s power of disposal, independentof her husband’s control, is not confined tosaudayika but extends to other properties as well.Devala says: “A woman’s maintenance (vritti),ornaments, perquisites (sulka), gains (labha), areher stridhana. She herself has the exclusive right toenjoy it. Her husband has no right to use it exceptin distress....” In N.R. Raghavachariar’s HinduLaw — Principles and Precedents, (8th Edn.)edited by Prof. S. Venkataraman, one of therenowned Professors of Hindu Law para 468 … [Read more...] about Definition and Meaning of Stridhana
Grounds for FIR Quash – 2
In Devendra & Ors. vs. State of U.P. & Anr. [2009 (7) SCALE 613],it has been held:“26. There is no dispute with regard to theaforementioned propositions of law. However, itis now well-settled that the High Court ordinarilywould exercise its jurisdiction under Section 482of the Code of Criminal Procedure if theallegations made in the First Information Report,even if given face value and taken to be correct intheir entirety, do not make out any offence. Whenthe allegations made in the First InformationReport or the evidences collected duringinvestigation do not satisfy the ingredients of anoffence, the superior courts would not encourageharassment of a person in a criminal court fornothing.” … [Read more...] about Grounds for FIR Quash – 2
Grounds for FIR Quash – 1
Grounds for quash for FIR are given from a Supreme Court judgment below:----------------------------------------------------------------The jurisdiction of the High Court to quash an order of summoningand/or a criminal proceeding as also this Court are well known. The partieshave relied upon the decisions of this Court in State of Haryana vs. BhajanLal [1992 (Supp.) 1 SCC 335]. We may notice the categories 1, 3, 5 and 7mentioned in Para 102 of the said decision, which are as under:“(1) Where the allegations made in the firstinformation report or the complaint, even if theyare taken at their face value and accepted in theirentirety do not prima facie constitute any offenceor make out a case against the accused.xxx xxx xxx(3) Where the uncontroverted allegations madein … [Read more...] about Grounds for FIR Quash – 1
Cognizable and non-cognizable offence
First schedule of the Cr.P.C. gives the classification of the offences of the IPC into cognizable & Non-cognizable categories.IPC 498A is a congnisable offence. A brief description of the two is given below (courtesy link here: http://ncrb.nic.in/cii2007/cii-2007/CHAP1.pdf): Cognizable Crimes A cognizable offence or case is defined as the one which an officer in-charge of a police station may investigate without the order of a magistrate and affect arrest without warrant. The police has a direct responsibility to take immediate action on the receipt of a complaint or of credible information in such crimes, visit the scene of the crime, investigate the facts, apprehend the offender and arraign him before a court of law having jurisdiction over the matter. Cognizable crimes are broadly … [Read more...] about Cognizable and non-cognizable offence