free legal guide 1969

  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.

  Insurance Company not liable to pay compensation:- Insurance Company not liable to pay compensation if the vehicle carrying passengers beyond   the sitting capacity. In the case of   “National Insurance Co.Ltd vs Anjana Shyam & ors’ (2007) 7 SCC-445   the vehicle had only the capacity to carry 42 passengers but at the time of accident but  there were 70 passengers in the bus. So the Insurance Company not compelled to meet the award   beyond the contract of insurance itself. If the premium not paid to the Insurance Company, the Company is not liable to pay compensation 2008 SCC Online Guj-140.

  Testimony of Judge Witness in Criminal Case:- Karnataka High Court Declines Request for In-Person Testimony of Judge Witness in Criminal Case:- In a case of “Mahadev And State of Karnataka” (Criminal Petition No 200953/2023 dt. 11-08-2023/HON’BLE Justice Venkatesh Naik T). On June 27, 2017, when the Principal Civil Judge and JMFC in Vijayapura was performing her official duties, the accused entered the room with the intention to argue, verbally abused her. The   police initiated legal proceedings against the accused and submitted a charge sheet containing charges under sections 353, 448, 504, and 506 of the IPC. The petition requesting the personal attendance of the Principal Civil Judge for the purpose of cross-examination as a witness in his case, rather than utilizing video conferencing, has been rejected by the Karnataka High Court. The Court has held that the   panel made reference to the exception in Section 275(1) of the CrPC, which states that testimony ...

  Inheritance and Survivorship:-                         ‘Mulla’ in his book Hindu Law (22nd Edition), while discussing the law prior to the Hindu Succession Act, 1956 says that there are two systems of inheritance amongst the Hindus in India, namely, Mitakshara system and Dayabhaga system. The Dayabhaga system prevails in Bengal, while the Mitakshara system is applicable to other parts of India. The difference between the two systems arises from the fact that, while the doctrine of religious efficacy is the guiding principle under Dayabhaga School, there is no such definite guiding principle under the Mitakshara School. Sometimes consanguinity, and at the other times, religious efficacy has been regarded as the guiding principle. According to ‘Mulla’, Mitakshara recognises two modes of devolution of property, namely, survivorship and succession. The rules of survivo...

  DNA Explained in Simple Terms:-                         DNA fingerprinting or DNA profiling or DNA typing is considered as the most significant contribution of science and technology in the twentieth century and is anticipated to become the universal technique  of the twenty first century.This emerging technique has revolutionized the whole world by distinguishing every individual from the other individual.It plays a momentous role in criminal and civil justice delivery systems,identification of skeletal remains,detection of early diseases,inherited disorders etc. Deoxyribonucleic acid, more commonly known as DNA, is the complex chemical structure that uniquely identifies each and every organism. An organism’s complete set of DNA is known as a genome.DNA is the fundamental building block of the genome.DNA is located inside an organism’s chromosomes. A chromosome is a structure found in the cell nucleus that contai...

  Guarantor has the liability to pay the loan amount taken by the principal debotor:- Recovery of debt from guarantor-Held, guarantee being a continuing guarantee,so long as the principal debt remained due and payable,the guarantor also remained liable-The suit was therefore not barred by limitation-However,liability of guarantor cannot exceed that of the principal debtor,even thought he guarantee documents mentioned so,since guarantor is only guaranteeing debt due by the principal debtor-Principal debtor being liable to pay interest 13.5% in respect of term loan facility   and 14% p.a. in respect of cash credit facility (B.G.Vasantha vs Corporation Bank<amangalore & anr,(2005) 10 SCC-215.                            Liability of guarantor is co-extensive with that of principal debtor unless it is explicitly exluded by the contract-Further held,...

  Sentence less than Minimum Sentence:-                    In “ State of MP vs Vikram Das ” reported in (2019) 4 SCC-125,the Supreme Court has held that awarding sentence less than the minimum sentence is impressibility .                    In “ State v. Ratan Lal Arora” : (2004) 4 SCC-590, the Supreme  Court of India said that in cases where an enactment enacted after the Probation Act prescribes minimum sentence of imprisonment, the provisions of the Probation Act cannot be invoked.                  

                 In “ Sharad Birdichand Sarda vs State of Maharashtra” :AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important. 1.      The circumstances from which the conclusion of guilt is to be drawn should be fully established. 2.      The facts so established should be consistent with the hypothesis of guilt. 3.      The circumstances should be of a conclusive nature and tendency. 4.      They should exlcude every possible hypothesis except the one to be proved. 5.      There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that...

  Essential Characteristics of a Will:- 1.      There must be a legal declaration; 2.      Such declaration must be with respect to the property of the testator & 3.      The declaration must be intended to operate after the death of   the testator. Criteria for Proper Execution of Will:- 1.      The testator must have a disposing mind free from all extraneous influences with sound mental mind; 2.      The testator must have a mental capacity to make a valid will until contrary is proved; 3.      The Will should be executed in accordance with S.63 ISA read with Ss.67/68 of IEA; 4.      The onus of proof of the Will is on the propounder of the Will. 5.      If any suspicious circumstances arises,required to be removed by the propounder etc.

  Applicability of CPC & Limitation Act in Writ Proceedings:-   The issue concerning applicability of the provisions of the CPC in the writ proceedings is no longer res integra in view clear pronouncement made by the Supreme Court in “ Puran Singh and Others v State of Punjab and Others” reported in (1996) 2 SCC-205 , wherein the Supreme Court was dealing with an issue as to whether the provisions contained under Order 22 of the CPC are applicable to proceedings under Article 226 & 227 of the Constitution of India. The question as to whether provisions of the Act, 1963 would apply in proceedings under Article 226 of the Constitution of India is also no longer res integra in view of the law laid down by the Supreme Court in “Smt. Sudama Devi v Commissioner and others ” reported in (1983) 2 SCC-1.  

  Eve-Teasing  :-                                                                        Site: freelegalguide1969.blogspot.com Eve-Teasing is a euphemism, a conduct which attracts penal action but it is seen, only in one State, a Statute has been enacted, that is State of Tamil Nadu to contain the same, the consequence of which may at times drastic. Eve-teasing led to the death of a woman in the year 1998 in the State of Tamil Nadu which led the Government bringing an ordinance, namely, the Tami Nadu Prohibition of Eve-Teasing Ordinance, 1998, which later became an Act, namely, the Tamil Nadu Prohibition of Eve-Teasing Act, 1998 . The meaning of the expression ‘ honourable acquittal’ came up for consideration before this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Pa...

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...