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Tuesday, 16 July 2013

Adoption – Legal and social perception

Parenthood is the greatest blessing in one’s life.  In olden days there was a belief that if one is not blessed with a ‘Puthra’  he is not free from the NARAKA named “PUM”. We see  the practices of performing ”’Puthrakameshti’ to have a biological child. Like parenthood the family is the dream of every child. We have several stories of adoption in our mythologies.  Sita or Janaki in Ramayana was an adopted child of King Janaka.  According the ancient belief, ‘Kanyadan’...

Right of the accused in an order passed u/s 156(3)cr.p.c.

Many times it becomes very confusing that either the revision by the accused person or persons in an order passed u/s 156(3)cr.p.c. is maintainable or not and also that the order passed by the magistrate in 156(3) cr.p.c. for filing FIR and investigation is interlocutory in nature or a final order . Not only the accused persons but we lawyers get confused .But if we go through the Full bench decision of Allahabad High Court(U.P.) in the criminal revision of Father Thomas v/s state of u.p.(cr.rev. no.1640 of 2001),the things becomes very...

Indianness of Constitution of India

The Constitution of India was framed by the Constituent Assembly that was absolutely Indian. An overwhelming majority of members of the body that enacted the most important document for governance of Bharat and observe Rule of Law comprised freedom fighters who had given their best to making India free. Their credentials were above reproach. Our Founding Fathers of the Constitution enjoyed the love, respect and admiration of people of India. People loved the members of the Constituent Assembly and got love in return in abundance. FEATURES...

Exemption from filing Original Documents in Suits: Delhi High Court

Justice Rajiv Sahai Endlaw in a recent unreported Judgment has dealt with the power of the Court with relation to permitting a party to a civil suit to file only photocopy of the document and exempt such party from placing the original document on the file of the court and merely to give inspection thereof to the opposite party at the time of admission/denial of documents and at the time of tendering the document into evidence and to put the Exhibit mark again on photocopy on the file of the court. While discussing the advancement of...

Can the Bank adopt unfair/illegal methods to recover its due?

Recovery of its due has been a hectic exercise for the Banks in the absence of a special legislation. ‘Non-performing Assets’ were growing and a need was felt to reduce the ‘Non-performing Assets’ of the Banks drastically. As the recovery through Courts was a difficult exercise for the Banks, initially, a special legislation called ‘The Recovery of Debts due to Banks and Financial Institutions Act, 1993’ was enacted creating a Special Tribunal called ‘Debt Recovery Tribunal’. Under the Act, the Banks are entitled to approach the Tribunal by filing...