Lawwatch

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.

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.

Dishonour of cheque & its consequences

What a cheque in law means

A cheque is a transferrable (negotiable) instrument in writing, containing an unconditional order signed by its maker (drawer), directing a specified banker (drawee) to pay on demand, the sum of money specified on the instrument, to a person (payee) or to the order of him or to the bearer of it. The digitally signed electronic image of a cheque is also treated as a cheque.

A holder or a holder in due course, who becomes a possessor of the cheque by legally valid means, is also entitled to receive the amount thereon. No illegal holder of a cheque is entitled to receive the amount of the cheque.

The drawer is the maker of the cheque, drawee is the bank authorized to pay the amount and the payee is the person receiving the amount.

Will: Its legal aspects in a nutshell

Introduction

Law relating to Will is a difficult and complicated branch of law. It is mainly because Will comes into effect only after the death of the person making it and it is many a time drafted by someone with little knowledge of law and command over the language. Both of these factors altogether make it necessary for another person or the court to interpret the intention of its maker.

Even Wills of some eminent judges have come in to dispute before the court for want of clarity and legal perfection in them. Therefore accurate understanding of the law of the Will is necessary to make it foolproof or nearly perfect and insulate it from misinterpretation when it is put into operation at a time the maker no longer exists to clarify what he had indented to.

Tips on preparing Written Arguments

A civil case essentially is all about claim of some legal right by one party and the denial of it by the other party, resulting in a judgement by a dispassionate judge functioning as an arbiter or umpire.

In a criminal case, the prosecution charges the accused guilty of some criminal offence punishable under the penal law and the accused defends the charges, ending up in a judgement of either conviction or acquittal.