Lawwatch

Law relating to Attachment of Salary

Court can attach salary

Salary, allowance or associated benefits of an official of the
government, Company, Government owned Corporation, Railway, Local
Authority or private establishment can be attached, as an item of
property, while executing a decree by a court, as the law stipulates.

Indian Citizenship & the Laws Governing it

The people in Indian Territory are divided into two categories: citizens
and non-citizens. Indian Constitution provides distinct rights for
citizens and non-citizens. In fact citizenship defines the relationship
between an individual and the State. Domicile coupled with birth or
descent is the main factor for citizenship in India. During the making
of the Constitution, some members argued for adopting religion as a
factor for granting citizenship in India. But the Constituent Assembly
sternly refused to accept the proposal, because India was visualised as
a secular republic.

Legal Provisions Governing Mortgage

Mortgage defined

Mortgage is transfer of an interest in a specific immovable property,
for securing an advance payment of money by way of loan. It creates a
pecuniary liability. It is in the form of a debt. The liability cannot
be defeated by any subsequent transfer of that property, even if it is a
bonfide one.

In mortgage, when an interest in the mortgaged property is transferred
in favour of the mortgagee, the mortgagee gets a right. The property
must be immovable and specific. If the property is not specific, the
mortgage debt cannot be secured against the property. The property in a
mortgage is given just as security for the discharge of debt. The
mortgage comes into operation by the acts of the mortgagor and
mortgagee, but not by the operation of law.

Methods of providing Oral & Documentary Evidence

The Part II of the Indian Evidence Act, 1872 deals with different facets of oral and documentary methods of proving facts in a judicial proceeding. The precise purpose of this write up is to describe the contents of Part II of the act in an easy to read manner.

The Part I of the act describes the concepts of relevance and admissibility of a broad range of facts, in a judicial proceeding by means of evidence whereas the Part III describes various aspects of burden of proof and witness examination.

Search & Seizure by police without warrant

Search and seizure of documents or material objects is indispensible
during investigation and prosecution of crime.

The Station House Officer (SHO) or Investigation Officer is provided
with powers to conduct fair and reasonable searches during the process
of investigation, in the interest of justice.

Limited Possibility of Amending a Criminal Complaint

Introduction

A civil suit, as everyone knows, can be amended as per the provisions of
law but the criminal law code provides absolutely no provision for
amending a criminal complaint. However the Supreme Court and some of the
High Courts have read down the criminal law in some cases in such a way
it allows formal amendment of criminal complaints to a certain extent.

Police Investigation: Its Legal Provisions

Investigation by Police

Investigation by police is the first stage in the criminal proceedings. It is an exclusive domain of police. It serves as a crucial step in punishing the offender. The police have unfettered powers to investigate into a cognizable offence, as per Section 156 of the Code of Criminal Procedure, 1973 (CrPC).

This power of investigation by police is coextensive with the power of the magistrate in the jurisdiction to conduct an inquiry or trial in the case, under the chapter XIII (Sections 177 to 189) of the Code. The chapter provides for the jurisdiction of the criminal court in inquiry and trial. That, in turn, is applicable to the police in the determination of their jurisdiction as well.

Further Investigation: Its Legal Dimensions

Further investigation means

Further investigation is the subsequent investigation that succeeds the investigation primarily conducted by the police.

Its purpose is to supplement the earlier investigation. It is a continuation of the earlier one. It is not reinvestigation or fresh investigation or de novo investigation. It cannot be started ab initio wiping out the earlier investigation altogether. It is part of an investigation into a crime.

Partition Suit: Its Principles & Practices

What partition means

Partition is the division of jointly held properties, along with the associated rights, into different portions and delivery thereof to the respective persons. In partition the joint ownership comes to an end and the respective parties are vested with the eligible shares.

The partition in another sense means to give a person his monetary value of the share in the joint properties. A valid partition converts joint title of the parties into exclusive title of the shareholders. Similarly it converts joint possession of the co-owners into exclusive possession of each shareholder.

Partition in other words is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective shareholders. The effect of such division is that the joint ownership is terminated and the respective shares vest in them in severalty. In partition the co-ownership is converted into individual ownership.

A partition of property can only be done among those who have a share or interest in it. A person having no share or interest in the property cannot be a party to the partition.