Lawwatch

Disposal of Property or Documents during Trial

Disposal of property or documents by the criminal court during inquiry
or trial is a crucial issue in some cases.

The legal provision relating to it is well provided for in the Chapter
34 consisting of Sections 451 to 459 of the Criminal Procedure Code,
1973 (CrPC).

Divorce by Mutual Consent under Hindu law

Mutual Divorce is the kind of divorce sought and obtained from the family court by filing a joint petition by both parties in a marriage on the basis of mutual consent. It is the quickest form of divorce for an irreparably broken marriage. Divorce is normally sought only when the husband and wife do not want to live together and continue their marriage relation any longer, despite the fact that Hindu marriage is a sacrament.

What a family Settlement essentially is

What a family settlement means

Family settlement precisely is an arrangement or agreement entered into by the members of a family for division of property. It aims at the settlement of actual or apprehended family disputes, by compromising on some doubtful or disputed rights by its members. It is done with an intention to preserve not only the family property but also peace of the family.

Settlement means an action of reaching an agreement in a disputed issue, ending the arguments between contesting parties involved in the issue.

Law relating to Bribe Giving & Bribe Taking

Everyone knows bribe taking by a public functionary is an offence but
some people do not know bribe giving is also an equally punishable
offence. There is no much clarity on how and in what manner bribe giving
becomes an offence. This article explores the architecture of the
offence of bribe giving but it cannot be explained without touching upon
the law relating to the offence of bribe taking as well.

Execution of a Decree in a Nutshell

Introduction

The term execution of a decree refers to the process for enforcing
or giving effect to the judgment, decree or order of the court.

The execution is the mechanism though which the decree holder
realises the fruits of the decree
ordered by the court. It comes to a
close when the decree holder gets the relief awarded to him by the
court.

The decree holder is the person in whose favour a decree has been
passed, and the judgment debtor is the person against whom a decree
has been passed.

Laws on Hindu Succession in Kerala

Introduction

Inheritance means the right to succeed to the estate on intestacy - dying without a legally valid will. Succession means the process by which the heirs acquire the property of the deceased. Inheritance refers to the right to succeed but succession refers to the process of succession. Both concepts are inseparably intertwined.

The law of inheritance constitutes the rules based on which the property of a person died intestate devolves upon his descendants. It starts operating immediately on the death of the owner of the property. Even a child in the womb acquires the right to succession to the property when a person dies intestate.

Gift and its Legal Provisions

Gift is the gratuitous transfer of certain existing moveable or
immoveable property, made voluntarily and without consideration by one
person to another person and accepted by or on behalf of the latter. The
transfer must be based on free will and not without duress, force or
undue influence. The transfer here means any disposition, conveyance,
assignment, settlement, delivery, payment or other alienation. The
transferor is called ‘donor’ and the transferee is called ‘donee’.

The Transfer of Property Act, 1882 in its Section 122 defines what a
gift is. The Section says a gift “is the transfer of certain existing
moveable or immoveable property made voluntarily and without
consideration, by one person, called the donor, to another, called the
donee, and accepted by or on behalf of the donee. Acceptance when to be
made.—Such acceptance must be made during the lifetime of the donor
and while he is still capable of giving. If the donee dies before
acceptance, the gift is void”.

Law relating to First Information Report (FIR)

Introduction

The First Information Statement (FIS) or First Information Report (FIR) has not been defined in the Criminal Procedural Code, 1973 (CrPC). It is commonly understood as the information received by the police about commission of a crime and recorded under section 154(1) of the CrPC. In fact, it is the information of a crime reported to the police, first in point of time.

Whether any information received before the police officer is one coming under the section 154(1) is a question of fact. It has to be decided on the merit of its ingredients rather than the discretion of the police officer.

Husband's right to get Maintenance from his Wife

A deserving husband of a woman married under the Hindu Marriage Act, 1955 has every right to get maintenance. But no other law of similar kind provides for a husband to get maintenance from his wife.

The term ‘maintenance’ includes a wide range of things for living such as food, clothes, residence and the things necessary for the comfort and status in which the person is expected to live.