Sahayata & Sahayata

Weekly Legal Update Supreme Court Ruling on Consumer Protection: The Supreme Court of India has ruled that consumers can file complaints in their local consumer forums even if the transaction occurred outside their jurisdiction. This aims to enhance access to justice for consumers. High Court on Domestic Violence Act : The Delhi High Court has clarified that monetary relief under the Domestic Violence Act can be claimed even if there are ongoing proceedings under Section 125 CrPC for maintenance. This ensures broader protection for victims of domestic violence. Corporate Law Amendment: The Ministry of Corporate Affairs has proposed amendments to the Companies Act to streamline corporate governance and enhance transparency in company operations. Key changes include stricter penalties for non-compliance and improved disclosures. Data Protection Bill: The new Data Protection Bill has been tabled in the Parliament, focusing on the protection of personal data and outlining the responsibilit...

Cross-examining a witness in a property dispute requires a strategic approach to elicit the truth and challenge the credibility of the witness. Here are some steps and tips to effectively cross-examine a witness in such cases: Preparation Know the Facts : Thoroughly understand the case, including all documents, evidence, and testimonies. Identify Objectives : Determine what you need to achieve through the cross-examination. This could include exposing inconsistencies, challenging the witness's credibility, or highlighting facts that support your case. Study the Witness : Review the witness's previous statements and deposition. Know their background, relationship to the parties, and any potential biases. Conducting the Cross-Examination Start with Easy Questions : Begin with simple questions to establish basic facts. This helps to build a rhythm and make the witness comfortable. Control the Narrative : Ask leading questions that require a 'yes' or 'no...

Inherent Power of Court under Section 151 CPC Introduction : Section 151 of the Code of Civil Procedure (CPC) endows the courts with inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. This provision ensures that the courts are not hamstrung by the procedural limitations of the CPC and can act in a manner that upholds justice. Key Features of Section 151 CPC: Ends of Justice: The courts can make orders to ensure justice is served. Preventing Abuse: The courts can intervene to prevent the misuse of their process. Discretionary Power: The use of this power is discretionary and is not limited by the specific provisions of the CPC. Supplemental Nature: It supplements the other provisions of the CPC and is not a standalone section. Case Law: Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1962): Citation: AIR 1962 SC 527 Summary: The Supreme Court held that the inherent powers under Section 151 can be used...

Temporary Mandatory Injunction: A temporary mandatory injunction is a court order requiring a party to perform a specific act or to maintain a certain status until a final judgment is made in the case. Unlike prohibitory injunctions, which prevent a party from doing something, mandatory injunctions compel a party to take a specific action. Legal Framework in India : Section 37(1) of the Specific Relief Act, 1963: Defines temporary injunctions. Order 39 of the Civil Procedure Code (CPC), 1908: Deals with temporary injunctions and interlocutory orders. Conditions for Granting Temporary Mandatory Injunction: Prima Facie Case: The applicant must demonstrate that there is a substantial question to be tried. Irreparable Injury: The applicant must prove that they will suffer irreparable harm if the injunction is not granted. Balance of Convenience: The court must be convinced that the balance of convenience lies in favor of the applicant. Key Case Laws: Dorab Cawasji Warden v. Coomi Sorab War...

In legal contexts, the term "status quo ante" refers to the state of affairs that existed prior to a specific event or action. This concept is crucial in various legal proceedings, where parties seek to revert conditions to their previous state, often to rectify an injustice or halt further complications. Key Aspects of Status Quo Ante : Definition and Application: The term "status quo ante" is Latin for "the state in which things were before." It is often used in legal remedies, such as injunctions or reversals of decisions, to restore the situation to its original condition. Importance in Legal Proceedings: Courts may order the status quo ante to prevent harm or injustice that might result from maintaining the current situation. This is particularly relevant in cases involving property disputes, contract breaches, or family law. Examples: Property Disputes: When a property is wrongfully occupied, the court might order the status quo ante to return posses...

Here are some notable judgments where the principles or findings under Section 498A of the Indian Penal Code (IPC) have been found applicable to cases under the Domestic Violence Act (DV Act) 1. V.D. Bhanot vs. Savita Bhanot (2012) 3 SCC 183 In this case, the Supreme Court of India held that the protection under the DV Act extends to an aggrieved person even if the act of domestic violence was committed prior to the coming into force of the DV Act. The principles from 498A cases, dealing with cruelty, were applied to interpret the provisions of the DV Act. 2. Ajay Kumar vs. Lata @ Sharuti (2019) 5 SCC 523 The Supreme Court observed that the definition of "domestic violence" under the DV Act is broad and includes not only physical abuse but also emotional and economic abuse, similar to the interpretations under Section 498A IPC. The Court emphasized that the essence of both provisions is to protect women from cruelty and harassment in domestic settings. 3. Arnesh Kumar vs. Sta...