free legal guide 1969

Natural Justice :- Natural Justice-Applicability- It is not possible to lay down rigid rules as to when the principles of natural justice are to apply: nor as to their scope and extent. Everything depends on the subject-matter, the application of principles of natural justice, resting as it does upon statutory implication, must always be in conformity with the scheme of the Act and with the subject-matter of the case. In the application of the concept of fair play there must be real flexibility. There must also have been some real prejudice to the complainant; there is no such thing as a merely technical infringement of natural justice. The requirements of natural justice must depend on the facts and the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject matter to be dealt with, and so forth. The basic requirement is that there must be fair play in action and the decision must be arrived at in a just and objective manner ...

  Ossification test for determination of victim's Age:-           The ossification test is the test that determines the age on the " degree of fusion of bone" by taking X-ray of  bones of hands.Bone age is an indicator of the skeletal and biological maturity of an individual which assists in the determination of age.The most common method used for calculation of the bone age is radiography of the hand and wrist until the age of 18 years. However,it must be noted that the ossification test varies slightly based on individual characteristics,therefore the ossification test though is relevant however it cannot be called solely conclusive.           Section 68 (1) read with Rule 12(3) of the Juvenile Justice (Care & Protection of Children) Rules,2007 provides the legislative sanction for conduct of Ossification Test  to determine age of the victim in the absence of other age proof certificate.    ...

  Medical Negligence:-                The term “ negligence” has been defined in Halsbury Laws of England (Fourth Edition) para 34 and as settled in Kusum Sharma v. Batra Hospital and Medical Research Centre ((2010) 3 SCC 480) as under: “45. According to Halsbury's Laws of England, 4th Edn., Vol. 26 pp. 17-18, the definition of negligence is as under: “22. Negligence.—Duties owed to patient. A person who holds himself out as ready to give medical advice or treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a person, whether he is a registered medical practitioner or not, who is consulted by a patient, owes him certain duties, namely, a duty of care in deciding whether to undertake the case; a duty of care in deciding what treatment to give; and a duty of care in his administration of that treatment. A breach of any of these duties will support an action for negligence by the patient.” ...

  Live-in-relationship & Protection of Women from Domestic Violence Act, 2005:-A Study… Aristotle said, “Man perfected by society is the best of all animals; he is the most terrible of all when he lives without law & without justice ” In India marriage is considered as a sacred sacrament since the Vedic period & it was assumed that this union of husband & wife made in heaven. But the traditional concept is changing very fast in the modern era by live-in-relationships especially in metropolitan cities like Mumbai, Delhi, and Chennai Kolkata etc. Live –in-relationship is a western concept & famous there. Live-in-relationship means two heterosexual person live together under the same roof like husband & wife. The legal definition of live-in-relationship is “an arrangement of living under which the couples who are unmarried live together to conduct a long term relationship similarly as in marriage. Now a days it is being taken as an alternative to marriage...

                                      Life after Death: A Study…              “It is human nature to be human & as a result, no one wants to indulge in undesirable activities or commit crimes knowing full well the consequences of such evil actions. But still many indulge in committing crimes by the force of destiny or fate.               Death is the only truth of life. It is inevitable. Those who do not believe in God do believe in death. Life & death are acts of the devine and the devine’s authority has been delegated to the human courts of law to be only exercised in exceptional circumstances with utmost caution. The first and foremost effort of the court should be to continue the life till its natural end and the delegated devine authority should be exercised only after arriving...

 "Related Witness not necessarily "Interested Witness":- The term "Witness" is a very important term in Criminal Trial because maximum  decision of Criminal case  depends on the deposition of Witness.In India, deposition of Witnesses is significant in case of murder case, the cases where circumstantial evidence is essential. Today,in one landmark judgment of Supreme Court of India viz," State of Rajasthan vs Smti.Kalki & anr "reported in (1981) 2 SCC-752,the punishment of accused person fully depended on the deposition of related witness. A witness may be called 'interested' only when he or she derives some benefit from the result of a litigation;in the decree in a civil case, or in seeing an accused person punished.A witness who is a natural one and is the only possible eyewitness in the circumstances of a case cannot be said to be 'interested.'In the instant case PW 1 had no interest in protecting the real culprit, and falsely im...

 Fraudulent withdrawal of Money by Postman from Post Office and Punishment:- The facts leading to this matter ( Union of India & ors vs M.Duraisamy)  reported in (2022) 7 SCC-475) in a nutshell are as under: That a Postal Assistant,(here respondent),while he was working as SPM Veppur SO during the period from 2004 to 2007, he committed fraud by way of fraudulent withdrawal in 85 RD accounts and by way of non-credit of deposits in 71 RD accounts and defrauded a sum of Rs.16,59,065/-. The fraud came to light when enquiries were made based on the report of Postmaster, Srirangam vide letter dated 11.06.2007 about double payment of RD closure in respect of some RD accounts which revealed that the accounts were fraudulently closed by the respondent herein for the second time by way of forging the signatures of the depositors and a sum of Rs.52,395/- had been withdrawn from the said accounts by the respondent fraudulently. Further investigation brought to light the frauds commi...

    Divorce in India : A Study :-   Nowadays, Court has become a Heritage Park . I mentioned it because when the Magistrate of Court ask the spouse, “When did you see/meet your spouse last?” In maximum cases, spouse says. “In the Court”. This is the situation in our 4G age, anyway. It is very difficult to make “relation” even it needs lifetime but it can be broken at any time, even within a second it can be broken.                                                                          The Rig Veda pronounces some impressive texts: After completing the seventh step( Saptapadi) the bridgegroom said: “With seven steps we have become friends( sakha ).May I attain to friendship with thee;may I not be separated from thy friendship’. Shatapatha Bram...

  Divorce in India                                                  INDIAN DIVORCE PICTURE 50 leading cases in India on divorce are given below:   Sl. No. Citation Name of the Parties Grounds for Divorce 1. AIR 1950 SIND- 8 Mt. Noor Bibi vs. Pir Bux (Sind Chief Court)(DB) Neglect or failure to maintain wife -Dissolution of her marriage 2. AIR 1954 SC-176 Chilukuri Venkateswarlu vs. Chilukuri Venkatanarayana Divorce 3. AIR 1957 SC-176 Bipinchandra Jaisinghbhai Shah vs Prabhavati     Desertion 4. AIR 1958 SC-441 Earnest John White Vs Kathleen Olive White (Nee Meade) and others Decree nisi for d...