GUPTA LEGAL Consultants

23/03/2021

https://m.facebook.com/story.php?story_fbid=3918064424949396&id=421878521234688
Daughter-in-law..right of residence.

Pitaji(father), Mataji(mother), Bahu(daughter-in-law) and Beta(son) were all living together happily, after the marriage of Bahu and Beta. Their house let's call it, Swarg, where they all...

07/12/2020

https://www.livelaw.in/news-updates/full-bench-delhi-high-court-victim-compensation-section-357-crpc-convicts-income-166904
Compensation shall be paid by the accused... Otherwise.. the court can itself award compensation to the victims through DLSA.

'Court has to take into consideration the effect of the offence on the victim's family even though human life cannot be restored but then monetary compensation will at least provide some solace'

07/12/2020

https://www.livelaw.in/news-updates/rera-consumer-complaint-supreme-court-166816
Sec. 79 of RERA does not bar filing of complaints under CPA, 1986

The Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court...

25/10/2020

of

H/C held that Right of maintenance waived by wife by way of MoU, cannot be claimed again.

Right of maintenance waived by wife by way of MoU, cannot be claimed again. The wife can not be allowed to go back on her commitment towards this

13/10/2020

https://www.latestlaws.com/p/162052/
*HC grants Anticipatory Bail to Accused on account of delay in FIR*
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The High Court of Bombay has granted anticipatory bail to a 63-year-old r**e accused citing the First Information Report (FIR) registered against him about 2 years after the alleged sexual assault.

27/09/2020

section 53A of T.P. Act

The Transfer of Property Act, 1982 came into force.... Click here to view the full Article

15/07/2020

Supreme Court of India
Reena Hazarika vs The State Of Assam on 31 October, 2018
Author: J Navin Sinha

The court must have to consider the defense taken by the accused in his/her statement u/s 313 crpc. either to reject or accept the same. court cannot be silent on the defence taken by the accused, specially while considering the circumstancial evidence.
benefit of doubt always goes in favour of the accused.

13/07/2020

Raja @ Dayanand Vs The State of NCT, DElhi, 14.05.2019

Advance copy of questionnaire can be demanded by the accused u/s 313(5) to file his written statement only under exceptional case wherein he cannot appear personally before the court, but the same cannot be demanded as a matter of right.
This is the discretion of the court only to allow the same or not.

06/06/2020

https://www.latestlaws.com/latest-news/hc-allows-quashing-of-fir-in-sexual-assault-and-stalking-of-minor-cites-family-peace-and-harmony-read-judgement/
U/s 354/354D.... iPC

Also read,.....
Kulvinder singh vs state of punjab 2007 3RCR crl.1052 (P&H)

Gian singh vs state of punjab 2012 10 SCC 303

HC allows quashing of FIR in Sexual Assault and Stalking of Minor, cites Family Peace and harmony, Read Judgement

06/06/2020

Rangaswami vs State Of Tamil Nadu on 8 March, 1989
Equivalent citations: AIR 1989 SC 1137

Mere presence of accused on the place of incident.... Can't b considered as piece of evidence.

06/06/2020

https://www.livelaw.in/news-updates/delhi-hc-issues-directions-to-ensure-that-victim-is-issued-notice-in-all-bail-proceedings-concerning-pocso-cases-157894

Delhi High Court has issued a series of directions to ensure that the Sessions Court comply with the court's various orders which mandates that notice must be issued to the complainant in all bail...