Lawwatch

Command of Language is a key Tool for an Advocate

Nothing else is more crucial for an advocate for his professional
success than his command of language. In fact the command of language is
the key to success in any profession in which words count. Advocacy is a
profession where command of language - both in written and spoken form -
plays a decisive role. Since English is the language in which many
materials required for an advocate are available, this article refers to
an advocate’s command over English language alone.

The Remedies the Specific Relief Act 1963 provides

Introduction

A contract establishes a contractual obligation on the parties involved.
It binds them either to do or not to do certain things. When there is a
failure in performance of the obligation, either of the parties can sue
the other. The most common, easiest and well established legal remedy
for breach of a contract is to provide compensatory or punitive
compensation, in terms of money, to the other party.

But in some cases of contractual obligation, the compensatory or
punitive compensation is inadequate or inequitable. This happens when
the unmet contractual obligation in the contractual relation cannot be
calculated in money terms. For instance, in a contract when there is an
obligation on a party to return an invaluable thing like an
irreplaceable object of a particular kind, failure of which cannot be
compensated by any other means, the legal remedy required is to return
that object and nothing else. Similarly, if someone dispossesses another
person, as part of a contractual relation, of his home which is
invaluable to him in non-monetary terms, the only option is to recover
the possession of that house.

On Improving Drafting or Writing Skills

Writing is done by everyone, every professional and every lay person. In
this digital world no literate person can keep away from writing in one
form or other. A lawyer has to write a lot many things compared to any
other professional. Writing is no longer a skill that some people are
born with and some others are not. Anyone can acquire it. Without it no
lawyer can survive successfully.

Adverse Possession and Consequent Change of Ownership

Introduction

Adverse possession is a peculiar kind of possession of land where a
person not having legal title to the land enters and occupies the land
for long period with no continuing permission of the legal owner and the
true owner subsequently loses his ownership rights after a legally
permissible period of his inaction in recovering the possession from the
possessor. The owner might have initially permitted the possessor in
entering the land on the basis of a lease or licence.

It is the Section 5 of the Specific Relief Act that provides for
recovery of specific property on the basis of the title one holds. Who
owns a better title of the property has the power to possess it over the
other. The Section 6 of the act makes it possible for a title holder to
file a suit for recovery of possession of the property, but
dispossession of any property by illegal means is unlawful as it is an
offence under Section 145 of Criminal Procedure Code.

In law, possession itself is a prima facie proof of ownership or right
on property. Possession gives a rebuttable presumption of ownership,
unless the contrary is established. Since the true owner cannot evict a
possessor of property after a long period of non-possession, an actual
possessor who sets up a claim for the property exclusively on the basis
of his possession for long becomes a legally valid title holder of the
property against the interest of the true owner. It is called adverse
possession.

Power to make Preventive Arrest by Police

The Criminal Procedure Code, 1973 (CrPC) provides not only for taking
punitive action on crimes already committed but also for taking possible
measures to prevent commissioning of crimes, as well.

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.