Security cheques are the cheques only like any other cheques and they create  same liability to discharge as if they are the ordinary cheques and attract the provisions of NI 138 when they are dishonored. What is important is to show under which circumstances the cheque was issued, and in order an offence under section […]

The concept of inherent powers under section 482 as declared in Cr.P.C in the context of the high court finds its essence in the fact that the courts are created for the purpose of doing justice in the case. The courts per se have all powers to take any and every proceeding in order to […]

Social change is soul of society transformation there were times of Benjamin Franklin, when the states man leader had a vision to see masses progress in the progressive society called America, from follower of the crown to rebel against the crown ,what did not changed was the vision of the progress of the people by […]

Divorce on grounds of cruelty has two forms one is the physical cruelty and other form is the mental cruelty, the physical cruelty is easier to prove as direct evidence is easily available, medical records, witnesses etc. But what about mental cruelty? how one can measure or see emotions like disappointment,fear, frustrations etc. which is […]

Divorce by Desertion Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that’s it. But actually what courts in India require are the 4 things […]

Is it cheating?   Now a day’s a number of criminal cases are being filed on the failure to perform the agreement to sell or execute the sale deed in favor of the buyer. But the question that comes to everybody’s mind is whether the same amount to cheating as well as criminal breach of […]

A cheque is defined under the Negotiable instrument act and if a cheque is bounced and liability on cheque is not discharged,it creates an offence under section 138 NI act, now the presumption under section 139 of the NI act  is a rebuttable presumption and that can be discharged by the accused if he can […]

The concept and the idea of mutual consent divorce is envisaged in section 13 B of Hindu Marriage Act, it is the easiest form of divorce in India till now, however still the requirement of section 13 B is that both thee the spouses make a motion before the court and then court will analyse […]

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and […]

How Maintenance to wife is assessed in S.24 HMA There are some criteria’s which are set by Indian courts in order to calculate and assess maintenance to be paid by the Husband to wife under S.24 of HMA. Did you though that Income tax returns are best way to assess the income of the husband […]