A Magistrate has all the powers to order an investigation in a case if the police do not intend to investigate the case. Sections 159 and 157 of the Code of Criminal Procedure provides that a magistrate can order investigation of a case if it falls in the jurisdiction of the magistrate. It is only under the control of a…

In the case of Jitendar kumar vs State of bihar, the Supreme court emphasized on the need of the  assigning reasons for any decision made. In the above case, a petition was dismissed by the High Court without assigning any reason. There was no discussion placed on the submissions made by the Counsel. The reasons laid down by the Judge…

The Supreme court upheld the view of the Telangana High Court division bench which upheld the authority of the commissioner under the CGST act  to arrest the defaulters under the CGST Act and to reject  any interim relief granted to the defaulters The Supreme court conferred with the above view and clarified that anticipatory bail must not be given to…

In a case before the Bombay High Court, the court held that stamp duty cannot be charged retrospectively on the resale of old flats , giving relief  to prospective buyers and sellers. The High Court stated that Stamp duty is attracted by the instrument that is the sale deed and is not attracted by the transaction. The stamp duty authorities…

In the  case of Parimal vs Veena Bharti  an ex parte decree was  passed where the husband obtained divorce against the wife who had refused the service of notice. There was notice sent by process server which was also refused. A public notice was also served in the newspaper. After all the above, the Court proceeded to continue ex parte…

In the case of Tejaswini vs Aravinda Tejas Chandra, the issue which arose was whether the expression “unable to maintain herself “ meant “capable of earning”. In this case the wife was a holder of a post graduation degree a MBA graduate, and the maintenance under section 125 of the CRPC was dismissed on the above ground. In a revision…

An advocate discharges professional services. In no way can the services of an advocate be deemed to be termed as commercial, since an advocate renders service, charges fees whereas in a commercial activity there is a practice of business/trade or commerce. The question whether  an advocate’s office requires registration under the Shops and Establishments Act has been dealt by the…

Justice Alexander Thomas, in a recent order set aside the order of the family court directing that the wife will not be entitled to maintenance for one incident of adultery relying on the principle of section 125 and section 488 of the code of criminal procedure. In order to disentitle a wife from maintenance it must be proved that the…

The Supreme Court in the case of Lalita Kumari vs State of UP had to decide upon two issues  mainly if the police can register a First Information Report (F.I.R) upon their discretion. Secondly,if the police are entitled to check  the truthfulness of the complaint. The Supreme Court cleared the divergent opinions of various High Courts and held that, the…

In the case of N. Sreeramudu, S/O. N. Narayana vs Kum. N. Lahari, decided by the Andhra High Court, the issues faced in this case were mainly two : Whether the judgment and decree of the trial Court enhancing monthly maintenance from Rs.250/- to Rs.1500/- to be confirmed or interfered with in the facts and circumstances? If so, to what…