Sahayata & Sahayata

Introduction: Appreciating evidence in civil suits involves a systematic approach guided by legal provisions and judicial precedents. The process requires judges to weigh oral and documentary evidence in line with procedural rules to ensure a fair determination of rights, liabilities, and claims. 1. Key Provisions for Evidence in Civil Suits Section 3, Indian Evidence Act, 1872: Defines evidence as all statements permitted by the court from witnesses or through documents. Section 60, Indian Evidence Act: Oral evidence must be direct, while hearsay evidence is excluded. Section 134, Indian Evidence Act: No particular number of witnesses is required to prove a fact; it’s the quality of evidence that matters. Section 68, Indian Evidence Act: Pertains to the necessity of attesting witnesses for documents that require attestation, such as wills. 2. Appreciation of Oral Evidence: Judges must observe the demeanor of witnesses, identify any hesitations, and determine whether the testimony...

Rupali Gupta vs Rajat Gupta , Hon'ble Supreme Court of India, 2022 Legal Provisions Involved : Section 13 of the Hindu Marriage Act, 1955 : Grounds for divorce, particularly focusing on cruelty and desertion. Section 125 of the Code of Criminal Procedure (CrPC) : Provision for maintenance for wives and children. Protection of Women from Domestic Violence Act, 2005 : Rights of women facing domestic violence, including the right to residence and protection orders. Background : Rupali Gupta filed a petition seeking divorce from her husband, Rajat Gupta, on the grounds of cruelty. In addition, she claimed maintenance under Section 125 of the CrPC and protection under the Domestic Violence Act. Rajat Gupta opposed the petition, alleging that the claims of cruelty were fabricated and that his wife had deserted him. Issues Raised : Whether Rupali Gupta was entitled to a divorce on the grounds of cruelty. Whether Rupali Gupta was entitled to maintenance under Section 125 of the CrPC. Wheth...

Rajnesh vs. Neha & Anr. (Criminal Appeal No. 730 of 2020), decided on 4th November 2020 by the Hon'ble Supreme Court of India. Bench : Justice Indu Malhotra and Justice R. Subhash Reddy. Legal Provisions Involved : Section 125 of the Code of Criminal Procedure (CrPC) : Deals with maintenance for wives, children, and parents. Protection of Women from Domestic Violence Act, 2005 : Related to the rights of women facing domestic violence. Hindu Marriage Act, 1955 (Section 24 and Section 25) : Addresses maintenance during and post-divorce. Background : In this case, Neha (Respondent No. 1) filed a petition seeking maintenance under Section 125 CrPC from her estranged husband, Rajnesh (the appellant), for herself and their minor son. The Family Court initially directed Rajnesh to pay a certain amount as interim maintenance. Dissatisfied with the order, Rajnesh appealed to the Bombay High Court, which upheld the Family Court's order. The matter then reached the Supreme Court. Is...

For a first-generation lawyer in India, applying the principles from "Stick to It" can be highly beneficial for building a successful career, especially in the highly competitive legal field. Here’s how each component of the "SCIENCE" method can be applied: 1. Step Ladders : Goal: Break down your career ambitions into smaller, achievable steps. Example: Instead of aiming to "become a successful lawyer," start with achievable milestones like completing internships, gaining experience in various legal fields, or developing strong research skills. These stepwise achievements will build momentum for bigger goals, such as handling your first case independently or building a client base. 2. Community : Goal: Build a network of supportive colleagues, mentors, and peers in the legal profession. Example: First-generation lawyers may lack family connections in the legal field, but by attending legal forums, networking events, and collaborating with other lawyers, th...

An advocate can relate to "The Checklist Manifesto" in several ways, particularly in legal practice, where attention to detail, managing complexity, and reducing errors are crucial. Here’s how an advocate can correlate with the book's principles: 1. Handling Complex Cases: Just like doctors, pilots, or engineers, advocates often deal with highly complex cases involving multiple legal issues, regulations, and precedents. A checklist can help ensure that no vital step in legal research, documentation, or court procedures is overlooked. 2. Preparation for Court: Before attending court, advocates must ensure that all necessary documents are in order, evidence is properly filed, arguments are prepared, and procedural rules are followed. Using a checklist can ensure proper compliance with filing deadlines, court rules, and other formalities, preventing last-minute errors that could harm the case. 3. Client Management: Advocates need to keep track of multiple client...