SC: Concepts of joint family property explained.

SC: Concepts of joint family property explained.

_Joint  Hindi family is there from ancient time perhaps, as a social necessity. A Hindu joint family consists of male members descended lineally from a common male ancestor, together with their mothers, wives or widows and unmarried daughters. They are bound together by the fundamental principle of sapindaship or family relationship which is the essential features of the institution. The cord that knits the members of the family is not Property but the relationship of one another._

_Case:_

_*Sunil Kumar Vs. Ram Parkash.*_

_Citation:_

_*(1988) 2 SCC 77: AIR 1988 SC 576: (1988) 1 HLR 573.*_

_Bench Strength *-2*_

_Coram: *Dr M.K Sharma and Anil R. Dave, JJ.*_

********************* of joint family property explained.*_

_Joint  Hindu family is there from ancient time perhaps, as a social necessity. A Hindu joint family consists of male members descended lineally from a common male ancestor, together with their mothers, wives or widows and unmarried daughters. They are bound together by the fundamental principle of sapindaship or family relationship which is the essential features of the institution. The cord that knits the members of the family is not Property but the relationship of one another._

_Case:_

_*Sunil Kumar Vs. Ram Parkash.*_

_Citation:_

_*(1988) 2 SCC 77: AIR 1988 SC 576: (1988) 1 HLR 573.*_

_Bench Strength *-2*_

_Coram: *Dr M.K Sharma and Anil R. Dave, JJ.*_

*********************

Legal updates : lawyerchennai.com

DAILY LEGAL UPDATES -IMPORTANT DECISIONS 

(08.02.2018)

Agreement to sell - Suit for specific performance - Seller terminated agreement  - Suit for specific performance is not maintainable without seeking declaratory relief that termination of agreement is bad in law. (2014(1) Apex Court Judgments 081 (S.C.) 

Consent decree -  One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Decree passed is not a consent decree. (2014(1) Civil Court Cases 538 (S.C.) 

Dishonour of cheque - Signatures differ - Not sufficient funds in the account - Offence under the Act is made out. (2014(1) Civil Court Cases 039 (Kerala) 

Domestic violence - Committed before commencement of Act which continued even after passing of the Act - Wife is entitled for protection orders. (2014(1) Apex Court Judgments 023 (S.C.) 

Exhumation of body - Post mortem not conducted as family members did not found any foul play at the time of death - Body was buried - Subsequent developments of finding of telephone conversations and empty pesticide bottle under the bed of deceased - Cause of death becoming relevant - To ascertain cause of death post mortem is necessary - Direction issued to exhume the body of deceased. (2018(1) Criminal Court Cases 258 (Madras) 

Gun shot from a close range of about two feet or less - Non blackening of skin - Perhaps it was prevented by vest and shirt which deceased was wearing. (2016(1) Criminal Court Cases 070 (S.C.) 

Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law. (2016(1) Apex Court Judgments 016 (S.C.) 

Quashing of proceedings - Allegations in FIR or complaint, if are accepted in their entirety, do not prima facie constitute any offence then proceedings are liable to be quashed. (2018(1) Apex Court Judgments 180 (S.C.) 

Sale deed -  Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA. (2018(1) Apex Court Judgments 001 (S.C.) 

Will - Probate - Limitation - Cause of action commences not from the date of death of testatrix but it is from the date of denial of validity of Will by objectors. (2018(1) Civil Court Cases 051 (Delhi) 

For more details please visit : http://www.lawyerchennai.com 

High Court in India

The Indian Judicial System consists of Indian Supreme Court which stands at the peak of the hierarchy of the entire country. There are a total of twenty-one high courts at the peak of hierarchies for each state. The Indian High Court has jurisdiction about certain circumstances or during the territory group and union countries or even through the area of ​​the union. 

Under the Indian High Court there is a subordinate court hierarchy called a criminal court, family court, civil court and other district courts. All Indian High Courts are held as a constitutional court through Chapter V, Section VI and Article 214 in the Indian Constitution.

Who is the Best Lawyer for FIR Quash and Charge sheet Quashing in India. The Indian Supreme Court is the highest court for all countries established by the Indian constitution. 

According to the Indian constitution, the role of the Indian Supreme Court is the same as the federal court who also acts as a guardian for the Indian constitution. This is also the place for the highest attraction for each individual.

There are also patent laws in India where the entire Indian patent system is managed or governed by the general controlling supervisor of the design patients, Indian trademark patents and also by geographical indications. 

There are a total of four patent offices in India where the head office is located in Kolkata. Anyone can be given a patent for their products or services but it is important to follow the right procedure. This can be better done through professional lawyers in India. 

Find the Best Criminal Lawyers for FIR Quash in Chennai India. Rajendra Law Office is one of the Best Law Firm for First Information Report Quashing and Charge Sheet Quashing in Madras High Court, Chennai India.

 

 

 

 

Tamil Nadu Asked About Gap In Salaries Of Government, Private Employees

"After implementation every pay commission recommendations, the gap between the government and private employees is widening," the Madras High Court bench noted.

MADURAI: The Madras High Court Monday asked the Tamil Nadu government why there was such a big gap in the salaries of employees of the government and private companies.
Hearing a petition relating to anomalies in the pay and the recent strike by government employees and teachers, a bench of Justices N Kirubakaran and SS Sundar said as they talk so much about their rights, they should also discharge their duties.

"After implementation every pay commission recommendations, the gap between the government and private employees is widening," the bench noted.

The judges said the work of government employees, including teachers, was as important as their demands.

Wondering why the children of government employees do not study in state-run schools, the judges asked why there should not be a rule to ensure that the children of government staff be put only in state-run schools.

Those who studied in private schools were seeking admission in government colleges, the bench said.

Counsel for Joint Action Council of Tamil Nadu Teachers Organisations and Government Employees Organisations (JACTO-GEO), which spearheaded the strike, submitted that though the government was given time to rectify the pay anomalies and several guidelines were issued, no action was taken.

The government counsel said 71 paise out of every rupee of the government's income was spent on its employees and teachers, and added the state administration was taking steps to bridge the pay gap.
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Chargesheets in Dabholkar, Pansare cases by next week

Mumbai, Feb 6  2019 The CBI and the Maharashtra CID told the Bombay High Court on Wednesday that they would file their supplementary charge sheets in the killings of rationalists Narendra Dabholkar and Govind Pansare by next week.

The CBI and the state CID are probing the killings of Dabholkar and Pansare, respectively.

CBI counsel Anil Singh told the bench that it had arrested and identified Sachin Andure and Sharad Kalaskar as the two persons who shot at Dabholkar, leading to his death.

Singh said the CBI will file the supplementary charge sheet against the two by February 13.

Ashok Mundargi, the counsel for CID's Special Investigation Team (SIT) that is probing Pansare's killing, also told the court that the agency was going to file its supplementary charge sheet against three more persons arrested in the case by February 12.

Mundargi said after the charge sheet, the CID will "concentrate" on arresting the absconding accused persons in the case.

A bench of justices S C Dharamadhikari and M S Karnik accepted the submissions, but said the court expected much more from the "premiere" probe agencies.

"By the next date, you must make some concrete efforts to arrest the absconding accused," the bench said.

The court particularly told the CBI that it was a "premiere" probe agency and the court as well as the whole world expected much from it.

"These are important cases and the whole world is interested in knowing the outcome of such cases. Today, because of the advent of the social media, the whole world is watching you. It wants to know what is happening in important incidents," it said.

"Because of social media, the world is watching what you are doing in important cases, including the incident in West Bengal," the bench said, while making a passing reference to the recent face-off between the CBI and Kolkata Police in the Saradha chit fund scam case.

Dabholkar was shot dead on August 20, 2013, in Pune while he was on his morning walk, while Pansare was shot at on February 16, 2015, in Kolhapur and he succumbed to his injuries on February 20.

The high court has been hearing pleas filed by the family members of Dabholkar and Pansare seeking a court- monitored probe in both cases.

News Courtesy: PTI

Legislations which seeked to reduce the gender parity in India

The principle of Parity has always been the heartbeat of the constitution of India. The fortification of this principle has been possible due to the judiciary's brilliant track record in coming out with certain landmark judgements which influence the course of social change by being the voice of women whose pleas and cried went unnoticed and unheard for a long time.

Here are 5 judicial decisions which perambulate through time with regard to Rights of Women in India:

1. Removing the condition Of Service Of Termination Of Service On First Pregnancy

The service condition which stated that there was to be a termination of services of air hostesses on first pregnancy was first challenged in Air India vs. Nergesh Meerza and the Supreme Court expressed that having made use of services for four years, to terminate the service on pregnancy amounts to compelling the air hostess not bear children and thus obstructing with the ordinary course of human nature. The apex court termed it a “callous and cruel act”, but also deemed it an open insult to Indian womanhood, the most sacrosanct and cherished institution. Thus it was not only manifestly arbitrary but exhibited naked despotism and is, therefore, was deemed clearly violative of Art 14. of the Constitution.

2. Sexual Harassment

To promote the contribution of women towards the development of the nation, the apex court became vigilant of the sexual harassment faced by them in the workplace and laid down the guidelines filling the vacuum in legislation in Vishaka vs. State Of Rajasthan. What was recognized by the judiciary way back in 1997, took the shape of legislation only in 2013, with the enactment of an Act in this regard. The apex court took cognizance of the rampant sexual harassment faced by women at their workplace and with the aim of boosting the contribution of women in nation building, laid down the guidelines against Sexual Harassment at Workplace in Vishaka vs. State of Rajasthan. The 1997 guidelines promulgated by the Supreme Court was superseded in 2013 by the Sexual Harassment of Women at Workplace Act, 2013.

3. Honour Killings and Right of Major Women to Espouse As Per Her Wish

The apex court in Lata Singh vs. State of U.P, while expressing its concern over the spate of honour killings throughout the country, recognized the right of the petitioner woman who has attained majority to marry anyone or stay with anyone she likes. The court directed the administration and police authorities to provide protection to the victims of such barbaric acts of caste-based discrimination, to ensure that if majors undergoing inter-caste or inter-religious marriage are not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.

4. Right to Maintenance of Muslim Women

The apex court came to the rescue of divorced Muslim women who have no means and are left to fend for themselves by applying S.125 CrPC to all, irrespective of the religion professed by them. It was held by the court in Mohd. Ahmed Khan vs Shah Bano Begum[6] that Clause (b) of the Explanation to section 125(1) of the same provision, which defines 'wife' as including a divorced wife, contained no words of limitation to justify the exclusion of Muslim women from its scope.

5. Guidelines to Reduce Child Prostitution

In Vishal Jeet vs. Union of India, the Supreme Court emphasized the importance of children as assets of the nation and issued some prominent directions to the state governments and union territories, including steps for setting up of a separate Advisory Committee within their respective zones for making suggestions regarding the measures to be taken in eradicating child prostitution and the social welfare programmes to be implemented for the care, protection, treatment, development and rehabilitation of the young fallen victims namely the children and girls rescued either from the brothel houses or from the vices of prostitution. It also issued directions for taking steps in providing adequate and rehabilitative homes manned by well-qualified trained social workers, psychiatrists and doctors and also directed the Union Government for setting up a Committee whose main object is to evolve welfare programmes to be implemented on the national level for the care, protection, rehabilitation, etc., of the young fallen victims and to make suggestions for amendments to the existing laws or for enactment of any new law, if so warranted for the prevention of sexual exploitation of children.

High Court hits out at Theni police in the habeas corpus petition hearing

The Madurai Bench of the Madras High Court has hit out at the Theni police, which, after receiving a complaint from a 28-year-old woman against her family apprehending separation from her husband, sent her to a home.

The woman, working in a private college, had filed a complaint with the police seeking protection for her and her 29-year-old husband, fearing that they would be separated by her family.

However, the police strangely sent her to a home.

A Division Bench of Justices M.M. Sundresh and N. Sathish Kumar, hearing the habeas corpus petition filed by her partner S. Sakthimanikandan, who sought a direction for his partner to be set at liberty, depreciated the action of the police. The court observed that liberty of a person cannot be infringed upon.

Advocate representing the petitioner, argued that the woman was sent to a home without any basis. He said that this was done as the woman had refused to go with her family. Moral policing should not be encouraged, he said.

The court said that though this was a case fit for making strong remarks and imposing costs, the court was refraining from doing so as it was assured by the Additional Public Prosecutor K. Dinesh Babu that the incident would not be repeated and suitable instruction would be given to the respondents concerned.

The court directed the Deputy Superintendent of Police, Theni, and the Inspector of Police All Women Police Station, Andipatti, to give protection to the woman and her partner as and when required.