Sunday 29 July 2012

Land Mark SC Judgement on Interim Maintenance/maintenance


Supreme Court Cases 316-2008
Chaturbhuj Vs. Sitabai,
Dismissing the appeal, the Court

Dismissing the appeal, the Court
HELD: 1.1. The object of the maintenance proceedings is not to punish a person
for his past neglect, but to prevent vagrancy by compelling those who can
provide support to those who are unable to support themselves and who have a
moral claim to support. The phrase “unable to maintain herself” would mean that
means available to the deserted wife while she was living with her husband and
would not take within itself the efforts made by the wife after desertion to
survive somehow. S.125 Cr.P.C. is a measure of social justice and is specially
enacted to protect women and children and falls within constitutional sweep of
Article 15(3) reinforced by Article 39 of the Constitution of India, 1950. It
provides a speedy remedy for the supply of food, clothing and shelter to the
deserted wife. It gives effect to fundamental rights and natural duties of a man
to maintain his wife, children and parents when they are unable to maintain
themselves. [Para 5] [586-B, C,D, E]
Captain Ramesh Chander Kaushal v. Mrs. Veena Kaushal and Ors., AIR (1978) SC
1807 and Savitaben Somabhai Bhatiya v. State of Gujarat and Ors., (2005) 2 Supreme 503, relied on.
1.2. Under the law, the burden is placed in the first place upon the wife to
show that the means of her husband are sufficient. In the instant case, there is
no dispute that the appellant has the requisite means. But there is an
inseparable condition which has also to be satisfied that the wife was unable to
maintain herself. These two conditions are in addition to the requirement that
the husband must have neglected or refused to maintain his wife. The appellant
has placed material to show that the respondent-wife was earning some income.
That is not sufficient to rule out application of s.125 Cr.P.C. It has to be
established that with the amount she earned the respondent-wife was able to
maintain herself. Whether the deserted wife was unable to maintain herself, has
to be decided on the basis of the material placed on record. Where the personal
income of the wife is insufficient she can claim maintenance under s.125 Cr.P.C.
The test is whether the wife is in a position to maintain herself in the way she was used to at the place of her husband.[Paras 6, 7 and 8] [583-F, G; 584-A, B, C]
Bhagwan v. Kamla Devi, AIR (1975) SC 83, relied on and re-iterated.
2. The trial Court, the Revisional Court and the High Court analysed the
evidence and held that the respondent wife was unable to maintain herself. The
conclusions are essentially factual and they are not perverse. That being so
there is no scope for interference in this appeal. [Para 9] [584-D, E]
Shashindra Tirpathi, Sharad Tripathi and Debasis Misra for the Appellant.
Shashi Bhushan Kumar for the Respondent.
Code of Criminal Procedure, 1973:
s.125-Claim for maintenance by wife-Wife not having sufficient means to maintain
herself and husband having sufficient means-Order of maintenance by Courts below
after analyzing evidence-Interference with-Held: Conclusion of courts below that
wife was unable to maintain herself was essentially factual and not
perverse-Thus, interference not called for-Constitution of India-Article 136.
s.125-Maintenance proceedings-Object of-Held: s.125 is a measure of social
justice, especially enacted to protect women, children and parents when they are
unable to maintain themselves, and falls within constitutional sweep of Article
12(3) reinforced by Article 39 of the Constitution-Constitution of India,1950-Articles 15(3) and 39-Social justice.
Words and phrases: “unable to maintain herself“-Meaning of-In the context of
s.125 of Code of Criminal Procedure, 1973.
The respondent-wife filed an application under s.125 Cr.P.C. claiming
Rs.10,000/- as maintenance from the appellant-husband. In the application, it
was claimed that she was unemployed and unable to maintain herself.
The stand of the appellant was that the wife was living in the house constructed
by him; that she had let out the house on rent and since 1979 was residing with
one of their sons; that the wife had sold the agricultural land and sale
proceeds were still with her; and that she could maintain herself from the money
received from the sale of agricultural land and rent.
Considering the evidence on record, the trial Court directed husband to pay
Rs.1500 per month opining that the wife did not have sufficient means to
maintain herself. The revisional Court analysed the evidence and dismissed the
revision petition holding that the appellant’s monthly income was more than
Rs.10,000/- and the amount received as rent by the respondent-wife was not
sufficient to maintain herself.
Appellant filed an application under s.482 Cr.P.C. before the High Court. The
High Court dismissed the application holding that the conclusions by the trial
Court and the Revisional Court were arrived at on appreciation of evidence and
therefore there was no scope for any interference. Hence the present appeal.
2008 AIR 530 , 2007(12 )SCR577 , 2008(2 )SCC316 , 2007(13 )SCALE402 , 2008(1)JT78
CASE NO.:Appeal (crl.) 1627 of 2007
PETITIONER:Chaturbhuj
RESPONDENT:Sita Bai
DATE OF JUDGMENT: 27/11/2007
BENCH:Dr. ARIJIT PASAYAT & AFTAB ALAM
JUDGMENT:J U D G M E N T
CRIMINAL APPEAL NO. 1627 OF 2007
(Arising out of SLP (Crl.) No.4379 of 2006)
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in this appeal is to the order passed by a
learned Single Judge of the Madhya Pradesh High Court,
Indore Bench, dismissing the revision petition filed by the
appellant in terms of Section 482 of the Code of Criminal
Procedure, 1973 (in short ‘Cr.P.C.’). The challenge before the
High Court was to the order passed by learned Judicial
Magistrate, First Class, Neemuch, M.P. as affirmed by the
learned Additional Sessions Judge, Neemuch, M.P. The
respondent had filed an application under Section 125 of
Cr.P.C. claiming maintenance from the appellant.
Undisputedly, the appellant and the respondent had entered
into marital knot about four decades back and for more than
two decades they were living separately. In the application it
was claimed that she was unemployed and unable to maintain
herself. Appellant had retired from the post of Assistant
Director of Agriculture and was getting about Rs.8,000/- as
pension and a similar amount as house rent. Besides this, he
was lending money to people on interest. The appellant
claimed Rs.10,000/- as maintenance. The stand of the
appellant was that the applicant was living in the house
constructed by the present appellant who had purchased 7
bighas of land in Ratlam in the name of the applicant. She let
out the house on rent and since 1979 was residing with one of
their sons. The applicant sold the agricultural land on
13.3.2003. The sale proceeds were still with the applicant.
The appellant was getting pension of about Rs.5,700/- p.m.
and was not getting any house rent regularly. He was getting
2-3 thousand rupees per month. The plea that the appellant
had married another lady was denied. It was further
submitted that the applicant at the relevant point of time was
staying in the house of the appellant and electricity and water
dues were being paid by him. The applicant can maintain
herself from the money received from the sale of agricultural
land and rent. Considering the evidence on record, the trial
Court found that the applicant-respondent did not have
sufficient means to maintain herself.
3. Revision petition was filed by the present appellant.
Challenge was to the direction to pay Rs.1500/- p.m. by the
trial Court. The stand was that the applicant was able to
maintain herself from her income was reiterated. The
revisional court analysed the evidence and held that the
appellant’s monthly income was more than Rs.10,000/- and
the amount received as rent by the respondent-claimant was
not sufficient to maintain herself. The revision was
accordingly dismissed. The matter was further carried before
the High Court by filing an application in terms of Section 482
Cr.P.C. The High Court noticed that the conclusions have
been arrived at on appreciation of evidence and, therefore,
there is no scope for any interference.
4. Section 125 Cr.P.C. reads as follows:
“125. (1) If any person having sufficient means
neglects or refuses to maintain
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child,
whether married or not, unable to maintain
itself, or
(c) his legitimate or illegitimate child (not being
a married daughter) who has attained
majority, where such child is, by reason of any
physical or mental abnormality or injury
unable to maintain itself, or
(d) his father or mother, unable to maintain
himself or herself,
a Magistrate of the First Class may, upon proof of
such neglect or refusal, order such person to make
a monthly allowance for the maintenance of his wife
or such child, father or mother, at such monthly
rate not exceeding five hundred rupees in the whole,
as such Magistrate thinks fit, and to pay the same
to such person as the Magistrate may from time to
time direct:
Provided that the Magistrate may order the
father of a minor female child referred to in clause
(b) to make such allowance, until she attains her
majority, if the Magistrate is satisfied that the
husband of such minor female child, if married, is
not possessed of sufficient means.
Explanation .For the purposes of this Chapter,
(a) ‘minor’ means a person who, under the
provisions of the Indian Majority Act, 1875 (9
of 1875), is deemed not to have attained his
majority;
(b) ‘wife’ includes a woman who has been
divorced by, or has obtained a divorce from,
her husband and has not remarried.”
["(2) Any such allowance for the maintenance or
interim maintenance and expenses of proceeding
shall be payable from the date of the order, or, if so
ordered, from the date of the application for
maintenance or interim maintenance and expenses
of proceeding, as the case may be.";]
(3) If any person so ordered fails without sufficient
cause to comply with the order, any such Magistrate
may, for every breach of the order, issue a warrant
for levying the amount due in the manner provided
for levying fines, and may sentence such person, for
the whole, or any port of each month’s allowance 4
[allowance for the maintenance or the interim
maintenance and expenses of proceeding , as the case
may be] remaining unpaid after the execution of the
warrant, to imprisonment for a term which may
extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the
recovery of any amount due under this section
unless application be made to the Court to levy
such amount within a period of one year from the
date on which it became due:
Provided further that if such person offers to
maintain his wife on condition of her living with
him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal
stated by her, and may make an order under this
section notwithstanding such offer, if he is satisfied
that there is just ground for so doing.
Explanation.-If a husband has contracted marriage
with another woman or keeps a mistress, it shall
be considered to be just ground for his wife’s
refusal to live with him.
(4) No wife shall be entitled to receive an 4 [allowance
for the maintenance or the interim maintenance and
expenses of proceeding , as the case may be] from her
husband under this section if she is living in
adultery, or if, without any sufficient reason, she
refuses to live with her, husband, or if they are living
separately by mutual consent.
(5) On proof that any wife in whose favour an order
has been made under this section is living in
adultery, or that without sufficient reason she
refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate
shall cancel the order.”
5. The object of the maintenance proceedings is not to
punish a person for his past neglect, but to prevent vagrancy
by compelling those who can provide support to those who
are unable to support themselves and who have a moral claim
to support. The phrase “unable to maintain herself” in the
instant case would mean that means available to the deserted
wife while she was living with her husband and would not take
within itself the efforts made by the wife after desertion to
survive somehow. Section 125 Cr.P.C. is a measure of social
justice and is specially enacted to protect women and children
and as noted by this Court in Captain Ramesh Chander
Kaushal v. Mrs. Veena Kaushal and Ors. (AIR 1978 SC 1807)
falls within constitutional sweep of Article 15(3) reinforced by
Article 39 of the Constitution of India, 1950 (in short the
‘Constitution’). It is meant to achieve a social purpose. The
object is to prevent vagrancy and destitution. It provides a
speedy remedy for the supply of food, clothing and shelter to
the deserted wife. It gives effect to fundamental rights and
natural duties of a man to maintain his wife, children and
parents when they are unable to maintain themselves. The
aforesaid position was highlighted in Savitaben Somabhai
Bhatiya v. State of Gujarat and Ors. (2005 (2) Supreme 503).
6. Under the law the burden is placed in the first place
upon the wife to show that the means of her husband are
sufficient. In the instant case there is no dispute that the
appellant has the requisite means.
7. But there is an inseparable condition which has also to
be satisfied that the wife was unable to maintain herself.
These two conditions are in addition to the requirement that
the husband must have neglected or refused to maintain his
wife. It is has to be established that the wife was unable to
maintain herself. The appellant has placed material to show
that the respondent-wife was earning some income. That is
not sufficient to rule out application of Section 125 Cr.P.C. It
has to be established that with the amount she earned the
respondent-wife was able to maintain herself.
8. In an illustrative case where wife was surviving by
begging, would not amount to her ability to maintain herself.
It can also be not said that the wife has been capable of
earning but she was not making an effort to earn. Whether the
deserted wife was unable to maintain herself, has to be
decided on the basis of the material placed on record. Where
the personal income of the wife is insufficient she can claim
maintenance under Section 125 Cr.P.C. The test is whether
the wife is in a position to maintain herself in the way she was
used to in the place of her husband. In Bhagwan v. Kamla
Devi (AIR 1975 SC 83) it was observed that the wife should be
in a position to maintain standard of living which is neither
luxurious nor penurious but what is consistent with status of
a family. The expression “unable to maintain herself” does not
mean that the wife must be absolutely destitute before she can
apply for maintenance under Section 125 Cr.P.C.
9. In the instant case the trial Court, the Revisional Court and the High Court have analysed the evidence and held that the respondent wife was unable to maintain herself. The conclusions are essentially factual and they are not perverse.
That being so there is no scope for interference in this appeal which is dismissed.

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  • INTTL ADVOCARE
D 22 PANCHSHEEL ENCLAVE, NEW DELHI 110017
F ‐ 252, (W5/52) LANE W5, WESTERN AVENUE, SAINIK FARMS, NEW DELHI 110 062
TEL: 26498062 / 63 /64, 29552836, 29552930
EMAIL ADDRESS: hemant@inttladvocare.com, ipcare@inttladvocare.com, sangeeta@inttladvocare.com, prietika@inttladvocare.com
WEBSITE: http://www.inttladvocare.net
  • IPR INTERNATIONAL SERVICES
BLOCK NO. 8, BUILDING NO. 2, RAJINDER NAGAR, NEW DELHI 110060
TEL: 9811083701
EMAIL ADDRESS: ipris@vsnl.net ipris@rediffmail.com
  • J.B. DADACHANJI & Co.
JEEVAN VIHAR, 3 PARLIAMENT STREET NEW DELHI 110001
  • JAFA & JAVALI
B 104 GULMOHAR PARK NEW DELHI 110049
TEL: 4164 1757 , 4164 0381
EMAIL ADDRESS: vikrant@jafajavali.com advocates@jafajavali.com
  • JOSEPH & JOSEPH
B‐82, SECTOR 50, NOIDA 201301
TEL: 91120 4340065
EMAIL ADDRESS: newdelhi@josephandjoseph.in
WEBSITE: http://www.josephandjoseph.in
  • JOTWANI ASSOCIATES
TEL: 9810018669
EMAIL ADDRESS: contact@jotwani.com
WEBSITE: http://www.jotwani.com
  • JYOTI SAGAR ASSOCIATES
84‐E, LANE C‐6 (OFF CENTRAL AVENUE), SAINIK FARMS, NEW DELHI 110062
SANDSTONE CREST (OPPOSITE PARK PLAZA) SUSHANT LOK I GURGAON 122 002
TEL: 29552714/5/6, 2955 1247/2989/2190
EMAIL ADDRESS:: jyoti@jsalaw.com, newdelhi@jsalaw.com, gurgaon@jsalaw.com
TEL: 91124 3996033
WEBSITE: http://www.jsalaw.com
  • K.R. CHAWLA & CO.
7TH FLOOR, KAILASH BUILDING, K.G MARG NEW DELHI 110001
TEL: 23357658
EMAIL ADDRESS: krclo@krcco.com, krclo@nde.vsnl.net.in
WEBSITE: http://www.krcco.com
  • KUMARAN & SAGAR [KnS PARTNERS]
B K HOUSE, PLOT NO. 109, SECTOR – 44, GURGAON 122002
TEL: 95124 ‐ 4708700
EMAIL ADDRESS: postmaster@knspartners.com, ghose@knspartners.com
WEBSITE: http://www.knspartners.com
  • KACHWAHA & PARTNERS [KAP LEGAL]
1/6 SHANTI NIKETAN, NEW DELHI 110021
TEL: 24114658
EMAIL ADDRESS: mail@kaplegal.com http://www.kaplegal.com
  • KAN & KRISHME
B‐483, KNK HOUSE, MEERA BAGH, PASCHIM VIHAR, NEW DELHI 110063
TEL: 45570275, 45570276
EMAIL ADDRESS: patents@ndf.vsnl.net.in, knk@kankrishme.com
WEBSITE: http://www.kankrishme.com
  • KANTH & ASSOCIATES
A‐9, NIZAMUDDIN EAST NEW DELHI 110013
TEL: 24359593, 24359594
EMAIL ADDRESS: info@kanthandassociates.com
WEBSITE: http://www.kanthandassociates.com
  • KARANJAWALA & COMPANY
HINDUSTAN TIMES HOUSE, 10th FLOOR, 18‐20 K.G. MARG, NEW DELHI 110001
A‐76 DEFENCE COLONY NEW DELHI 110024
TEL: 43588888, 43588801, 41551911‐14, 24337072‐73, 24332030/71
EMAIL ADDRESS: karanjawala@airtelbroadband.in
  • KHAITAN & CO.
1105 ASHOKA ESTATE, 11TH FLOOR, 24 BARAKHAMBA ROAD, NEW DELHI 110001
TEL: 41515454
EMAIL ADDRESS: del@khaitanco.com
WEBSITE: http://www.khaitanco.com
  • KING STUBB & KASIVA
E‐66, 2ND FLOOR, KALKAJI, NEW DELHI‐ 110019
TEL: 41032969, 41318190 , 41318191
EMAIL ADDRESS: delhi@ksandk.com
WEBSITE: http://www.ksandk.com
  • KNM & PARTNERS
AALIANZ HOUSE, 2ND FLOOR, 273, CAPTAIN GAUR MARG, NEW DELHI 110065
TEL: 41802255
EMAIL ADDRESS: knm@knm.in
  • KOCHHAR & CO
S‐454 Greater Kailash II, NEW DELHI 110048
3rd FLR, TOWER‐B, TECHNOPOLIS BUILDING SECTOR 54, DLF GOLF COURSE ROAD GURGAON 122002
TEL: 29215477, 29211606
EMAIL ADDRESS: lalit.goel@kochhar.com, rohit@kochhar.com, delhi@kochhar.com
TEL: 91124 – 4545222
  • KRISHNA & SAURASTRI
A‐203, MANGLIK, PLOT NO. 25, SECTOR 6, DWARKA, NEW DELHI 110075
TEL: 45563969
EMAIL ADDRESS: del@krishnaandsaurastri.com
WEBSITE: http://www.krishnaandsaurastri.com
  • KUNDRA & BANSAL
B‐231, G.K. 1, NEW DELHI 110048
TEL: 29238021
EMAIL ADDRESS: mailbox@kundrabansal.com
WEBSITE: http://kundrabansal.com
  • L S DAVAR & CO.
5/1, KALKAJI EXTENSION, NEW DELHI 110019.
TEL: 26418980, 26438162
EMAIL ADDRESS: lsdavar@ndf.vsnl.net.in
WEBSITE http://www.lsdavar.org.in
  • LAKSHMIKUMARAN & SRIDHARAN
B / 6 ‐ 10 SAFDARJANG ENCLAVE, NEW DELHI 110029
TEL: 26192243
EMAIL ADDRESS: lsdel@lakshmisri.com, vlakshmi@vsnl.com
  • LALL & SETHI ADVOCATES
M‐19A, 2ND FLOOR, SOUTH EXTENSION PART –II, NEW DELHI 110049
TEL: 4899999
EMAIL ADDRESS: info@indiaip.com, usingh@indiaip.info
WEBSITE: www.IndiaIP.com . www.filmpiracy.com
  • LALL LAHIRI & SALHOTRA
BLOCK NO. B28, SECTOR 32, INSTITUTIONAL AREA, GURGAON 12202
TEL: 951242382202, 951242382203
EMAIL ADDRESS: lall@vsnl.com, gpo@lls.in
WEBSITE: http://www.lls.in
  • LAW & LEGAL
A‐33, 1ST FLOOR, HAUZ KHAZ NEW DELHI 110016
TEL: 26522570, 26567505, 26567884
EMAIL ADDRESS: filu@satyam.net.in, filu@sify.com
  • LEX CORP
215 COMPETENT HOUSE, F 14 C.P, NEW DELHI 110001
TEL: 23311529
EMAIL ADDRESS: arun@lexcorponline.com
WEBSITE: http://www.lexcorponline.com
  • LEXCOUNSEL
C‐10, GULMOHAR PARK, NEW DELHI 110049
TEL: 41662861
EMAIL ADDRESS: info@lexcounsel.in
WEBSITE: http://www.lexcounsel.in
  • LEX NEXUS
D‐15, JANGPURA EXTENSION, NEW DELHI 110014
TEL: 41030707, 9818007007
EMAIL ADDRESS: contact@lexnexus.net, newdelhi@lexnexus.net
WEBSITE: http://lexnexus.net
  • LEX INDIA
5, JAIN MANDIR MARG (ANNEXE) CONNAUGHT PLACE, NEW DELHI 110001
TEL: 23747339
EMAIL ADDRESS: info.delhi@lexindia.com
  • LEX ORBIS
709/ 710, TOLSTOY HOUSE,
15‐17, TOLSTOY MARG NEW DELHI 110001
TEL: 23716565
EMAIL ADDRESS: mail@lexorbis.com
WEBSITE: http://www.lexorbis.com
  • LINK LEGAL
109 GOLF APARTMENTS, MAHARISHI RAMANNA MARG, SUJAN SINGH PARK, NEW DELHI 110003
  • LUTHRA & LUTHRA
103 ASHOKA ESTATE, 24 BARAKHAMBA ROAD, NEW DELHI 110001
TEL: 41215100
EMAIL ADDRESS: msaraf@luthra.com, rsimon@luthra.com, delhi@luthra.com, rajiv@luthra.com
WEBSITE: http://www.luthra.com
  • MANJUL BAJPAI [Telecom Lawyer]
48, COMMUNITY CENTRE, NEW FRIENDS COLONY, NEW DELHI 110065
TEL: 9811022299, 26822594, 26921664
EMAIL ADDRESS: manjulbajpai@vsnl.com
WEBSITE: www.manjulbajpai.com http://firmsites.findlaw.com/bajpai
  • MANMOHAN SINGH ASSOCIATES
5/25 WEST PATEL NAGAR, NEW DELHI 110008
TEL: 25850502
EMAIL ADDRESS: manmohansingh@eth.net
  • MASON & ASSOCIATES
F 12 A, KAILASH COLONY, 2ND FLOOR, NEW DELHI 110048
  • MEHTA & MEHTAASSOCIATES
MEHTA HOUSE, B‐474, SUSHANT LOK‐I, SECTOR‐27, GURGAON‐122002
  • MULLA & MULLA & CRAIGIE BLUNT & CAROE
207, NILGIRI APARTMENTS, 2ND FLOOR, 9 BARAKHAMBA ROAD, NEW DELHI 110001
TEL: 23321501, 23321504, 23321507, 23321513
EMAIL ADDRESS: info@mullaandmulla.com mulla.mulla@axcess.net.in
  • NDLO
5TH FLOOR, RAJENDRA BHAWAN
210, DEEN DAYAL UPADHYAY MARG NEW DELHI 110002
EMAIL ADDRESS: ndlo@del3.vsnl.net.in
WEBSITE: http://ndlolegal.com
  • NDLO SOUTH
C‐62 B, 6TH FLOOR, SUPER MART‐I, DLF CITY‐IV, GURGAON‐ 122002
EMAIL ADDRESS: mail@ndlosouth.com
WEBSITE: http://www.ndlosouth.com
  • OBHAN & ASSOCIATES
501/7, LANE W 21A, WESTERN AVENUE, SAINIK FARM, NEW DELHI 110062
  • OP KHAITAN & CO. KHAITAN HOUSE
B‐1 DEFENCE COLONY NEW DELHI 110024
TEL: 24337516/17/18, 51550888/89/90/91
EMAIL ADDRESS: opkhaitan@opkhaitan.com gkhaitan@opkhaitan.com http://www.opkhaitan.com
  • P & A LAW ASSOCIATES
1st FLOOR, GOPAL DAS BHAWAN, 28 BARAKAMBA ROAD, NEW DELHI 110001
TEL: 41393900
EMAIL ADDRESS: apathak@palawoffices.com
  • PARAS KUHAD & ASSOCIATES
A‐238 & 239 LOWER GROUND FLOOR, DEFENCE COLONY, NEW DELHI 110024
TEL: 46562727 , 46562525
EMAIL ADDRESS: pkadelhi@paraskuhad.com
WEBSITE: http://www.paraskuhad.com/
  • PAVAN DUGGAL ASSOCIATES
S‐301 GK1, NEW DELHI 110048
EMAIL ADDRESS: pduggal@gmail.com
  • P.H. PAREKH & CO.
PAREKH CHAMBERS 30 SCHOOL LANE, BENGALI MARKET NEW DELHI 110001
TEL: 41526601, 23311282
EMAIL ADDRESS: recruit@phparekh.com, phparekh@phparekh.com
WEBSITE: http://www.phparekh.co.in
  • PHOENIX LEGAL
GROUND FLOOR, 15, BIRBAL ROAD, JANGPURA EXTN, NEW DELHI‐110014
TEL: 43761100‐06
EMAIL ADDRESS: delhi@phoenixlegal.in
  • PLATINUM PARTNERS
2nd FLOOR, BLOCK‐E, THE MIRA PLOT 1&2, ISHWAR NAGAR, MATHURA ROAD, 110065, NEW DELHI
  • THE PRACTICE
B‐55, RETREAT APARTMENTS, 20,I.P.EXTENSION, DELHI‐110092
TEL: 65105339, 22785195, 32002891, 9899874982, 9313236550
EMAIL ADDRESS: mail@thepractice.in
WEBSITE: http://www.thepractice.in
  • PRECONCEPT
B‐43, SECTOR 21, NOIDA 201 301
PREMNATH RAI ASSOCIATES W‐126 GROUND FLOOR, G K II, NEW DELHI 110048
TEL: 40676767
EMAIL ADDRESS: prem@raiassociates.com, jawahar@raiassociates.com
  • PRITI SURI & ASSOCIATES [PSA LEGAL]
E 601, GAURI SADAN, 5, HAILEY ROAD NEW DELHI 110001
TEL: 43500500
EMAIL ADDRESS: contact@psalegal.com, s.mahay@psalegal.com
TEL: http://www.psalegal.com
  • PURI & CO.
198, JOR BAGH, NEW DELHI
TEL: 30924930/23387999/23388699
EMAIL ADDRESS: puri@purico.info, gauravpuri@purico.info
  • RANJAN NARULA ASSOCIATES / ROUSE & CO.
VATIKA TOWERS, 10TH FLOOR, BLOCK‐ B, SECTOR‐54, GURGAON 122002
TEL: 91124 4655999
EMAIL ADDRESS: info@indiaiprights.com, rnarula@indiaiprights.com
WEBSITE: http://www.indiaiprights.com
  • RAJINDER NARAIN & CO. [RNC LEGAL]
SHIVAM HOUSE, 14 – F, CONNAUGHT PLACE, NEW DELHI 110001
Court Address : Chamber No. 1, Supreme Court of India, New Delhi – 110001
TEL: 23313251, 23353164, 51529333, 41225000
EMAIL ADDRESS:rnc@vsnl.net, inbox@rnclegal.com
TEL: 9811297004, 9810125774
WEBSITE: http://www.rajindernarainco.com
  • REMFRY & SAGAR REMFRY HOUSE
MILLENNIUM PLAZA, SECTOR 27, GURGAON 122002
TEL: 91124‐280 6100
EMAIL ADDRESS: remfry‐sagar@remfry.com
TEL: http://www.remfry.com/
  • S&R ASSOCIATES
64, OKHLA INDL. AREA, PHASE ‐III NEW DELHI 110020
EMAIL ADDRESS: sbhagat@snrlaw.in
  • S JALAN & COMPANY
E‐871, GROUND FLOOR, C.R. PARK NEW DELHI‐ 110019
TEL: 26278668, 41717457
EMAIL ADDRESS: mail@sjalanco.com, del@sjalanco.com, sjcodel@nda.vsnl.net.in
WEBSITE: http://www.sjalanco.com
  • SAIKRISHNA & ASSOCIATES
C‐7, 1st FLOOR, SECTOR 40, NOIDA 201303
TEL: 9811123099, 95120‐2575300/310/330
EMAIL ADDRESS: saikrishnassociates@vsnl.net
  • SEN‐OBEROI
A‐18, CHITTARANJAN PARK, NEW DELHI 110019
TEL: 26273230, 26271755, 41602150
EMAIL ADDRESS: sen‐oberoi@sen‐oberoi.com
WEBSITE: http://www.sen‐oberoi.com
  • SETH DUA & ASSOCIATES
C‐56, NEETI BAGH NEW DELHI 110049
TEL: 2652 6104, 41644400
EMAIL ADDRESS: sethdua@sethdua.com, sunil.seth@sethdua.com, atul.dua@sethdua.com
WEBSITE: http://www.sethdua.com
  • SETH ASSOCIATES
C‐1/16, DARYAGANJ NEW DELHI 110002
TEL: 65352272, 9810155766, 9868119137
EMAIL ADDRESS: mail@sethassociates.com
WEBSITE: http://www.sethassociates.com
  • SEWAK & ASSOCIATES
316, RECTANGLE ONE, D‐4 DISTRICT CENTRE, SAKET NEW DELHI 110017
TEL: 46081737, 26018451, 26011826 Prem N. Sewak ‐ 9899474542 Shefali Sewak – 9811140347
EMAIL ADDRESS: email@sewakandassociates.com
WEBSITE: http://www.sewakandassociates.com
  • SINGH & ASSOCIATES
N‐30, MALVIYA NAGAR, NEW DELHI 110017
TEL: 26680331, 26680927, 26687993
EMAIL ADDRESS:: newdelhi@singhassociates.in
WEBSITE: http://www.singhassociates.in
  • SINGH & SINGH ADVOCATES
F‐12, JANGPURA EXTENSION, NEW DELHI 110014
TEL: 24314741, 24314742, 24314743, 24314744
EMAIL ADDRESS: prathiba@singhandsingh.com
WEBSITE: http://www.singhandsingh.com
  • SINGHANIA & CO. LLP
G 107 HIMALAYA HOUSE 23, K.G. MARG NEW DELHI 110001
TEL: 23318300, 23731400
EMAIL ADDRESS: new‐delhi@singhania.com
WEBSITE: http://www.singhania.com
  • SINGHANIA & PARTNERS S&P HOUSE
H 186, SECTOR 63, NOIDA 201301
TEL: 95120‐4631000
EMAIL ADDRESS: careers@singhania.net, alprs@singhania.net
WEBSITE: http://www.singhania.in
  • SKS LAW ASSOCIATES
F‐40, FLAT NO. 4, UGF, KALKAJI NEW DELHI 110019
C1/611, MAYFAIR TOWER, CHARMWOOD VILLAGE, SURAJKUND, FARIDABAD HARYANA 121009
TEL: 40507125 – 27, 9810229636
EMAIL ADDRESS: info@skslaw.org, sunita.sreedharan@gmail.com
TEL: 91129‐4131721
WEBSITE: http://www.skslaw.org
  • SUBRAMANIAM, NATRAJ & ASOCIATES
E‐556 GK II, NEW DELHI 110048
TEL: 29215603, 29216025, 29226012
EMAIL ADDRESS: sna@vsnl.com, sna@sna‐ip.com
WEBSITE: http://www.sna‐ip.com
  • SUMAN KHAITAN & CO.
W‐13 WEST WING, G.K. PART‐II, NEW DELHI 110048
TEL: 41639538, 30964341
EMAIL ADDRESS:suman@sumankhaitanco.com
  • SURI & CO.
12, GOLF APARTMENTS, SUJAN SINGH PARK, MAHARISHI RAMAN MARG NEW DELHI
TEL: 24646776, 24646886, 24692837 24654321
EMAIL ADDRESS: surico@del2.vsnl.net.in, sumitis@hotmail.com
  • SWARUP & CO.
6th FLOOR, VIPPS CENTRE, NO.2, MASJID MOTH L.S.C. GK II NEW DELHI 110048
TEL: 29221435, 29225875, 29227534/35
EMAIL ADDRESS: sswarup@swarupco.com, sswarup@vsnl.com
  • THAKKER & THAKKER
A/320 DEFENCE COLONY, NEW DELHI 110024
TEL: 2433 9776
EMAIL ADDRESS: ttdelhi@ttindia.net
WEBSITE: http://www.ttindia.net
  • TITUS & CO TITUS HOUSE
R‐77A GREATER KAILASH‐1, NEW DELHI – 110048 26280100,26280800, 26280900
EMAIL ADDRESS: titus@titus‐india.com titusco@vsnl.com
  • TRILEGAL
B‐1/F‐2 MOHAN COOPERATIVE INDUSTRIAL ESTATE MATHURA ROAD 110 044
TEL: 41639393, 41639292
EMAIL ADDRESS: delhioffice@trilegal.com, anand.prasad@trilegal.com
  • TRUSTMAN & CO.
8 /11 FIRST FLOOR, HOSPITAL ROAD, JANGPURA EXTENSION, NEW DELHI 110014
TEL: 41824374, 41824518, 9312272269
EMAIL ADDRESS: tg_lf@yahoo.co.in, staff@trustman.org
WEBSITE: http://www.trustman.org
  • TULI & CO
148 GOLF LINKS NEW DELHI 110003 24640906
EMAIL ADDRESS: lawyers@tuli.biz,  tuli@tuli.biz
WEBSITE: http://www.tuli.biz
  • UKCA LAW CHAMBERS
E‐2 KAILASH COLONY, NEW DELHI 110048
TEL 46098991/2
EMAIL ADDRESS: ukcalawcham@yahoo.com
  • UNITED CHAMBERS OF LAW
198 JOR BAGH, NEW DELHI
TEL: 24692949
EMAIL ADDRESS: ucol@ucol.com ucol@gmail.com
  • VAISH ASSOCIATES
FLAT NOS. 5, 6 & 7 10 HAILEY ROAD NEW DELHI 110001
TEL: 23355238‐40/ 23329191/92
EMAIL ADDRESS: vaishlaw@vsnl.com, ajay@vaishlaw.com, vinay@vaishlaw.com
WEBSITE: http://www.vaishlaw.com
  • ZEUS LAW ASSOCIATES
R‐89, GREATER KAILASH PART ‐ 1, NEW‐DELHI ‐ 110048
TEL: 41733090, 9810335347
EMAIL ADDRESS: prerna.kohli@zeus.firm.in
WEBSITE: http://www.zeus.firm.in

Sunday 22 July 2012

10 Reasons Why you should have elementary knowledge of Indian Laws?

1.As it is true that Ignorance of law is not an excuse,so if you get caught doing an act like smoking in public and you don't know that it is as per law is a punitive act.Then you cannot plead that you don't know that it is an offence whereas if you would have known that this act is an offence then you would have thought of avoided doing the same.

2. It makes you feel empowered.

3. You could be able to contribute to the society.

4.Help those people who are ignorant about the laws and are getting exploited.(isn't this sounds good).

5 You could prevent yourself and loved ones to get into fraud.

6.Like medical remedy,Avoiding legal matters is also like a giving oneself peace of mind.

7.Prevent yourself from any kind of Injustice and discrimination.

8. If you are in business you can protect your business from legal frauds.

9.You could help yourself to solve your own property or family disputes on your own.

10.You would have a wide thinking towards Life and feel at top of the world.

Saturday 21 July 2012

Who is a mad person as per Indian Law?


Section 84 deals with Acts done by unsound mind.

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

According to section 84 acts done by an unsound person is not an offence. But the main question behind this section is who is a sound person and who is unsound? If we see medical scope even a person under the influence of drugs is an unsound person, but legal scope is much narrower as the general principle of law is to protect the society. If we take medical perspective into our account then any person under influence of drugs commits a crime and take a plea of sec 84 that he had an unsound mind when he committed that offence. This would create chaos in the society.

Basically there are three faculties that law recognizes in human mind:

1. Emotional.
2. Will.
3. Cognitive.

Indian law only recognizes Cognitive faculty which means, he is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. Incapacity is different from potentiality and incapacity of mind to differentiate what is wrong/Right is Unsoundness.

The Emotional and will components are also form partial defence such as in cases of Grave and sudden provocation, offences done in heat of argument but are not considered as unsoundness or in capacity.

The medical evidence also plays a dominant role and behaviour of the accused also taken into consideration, if all the points related to inacapcity, behaviour, medical evidence are satisfied then only the case fits into the four corners of section 84.

What is an Attempt??


Attempt comes under sec 511 of IPC.

There are 4 stages of crime:

1.Intention.
2.Preparation.
3.Attempt.
4.Commissioning of a crime.

So law does not recognizes any crime in forming an intention and to some extent prepratio,for preparation only preparation like raging war against nation (sec 122) and other criminal acts related to preparation.

So the question arises about attempt:

What is an attempt?

So the answer to this question is that:

An attempt is an act done in the prosecution of commissioning of an offence, but because of an intervening act against the will of an offender the act fails.

In Abhayanand mishra v state of Bihar it was stated that there is very thin line between attempt and preparation. To distinguish between these two the circumstances of the case play a vital role. Between attempt and preparation there is always a chance of retreat by an offender or might there is change in intention in not doing that offence, but as soon as the offender moves ahead and acts in the commissioning of crime but his attempt fails because of an intervening act then the case comes within an ambit of attempt(Sec 511).

Ingredients of sec 511 are:

1. mens rea.
2. Preparation.
3. An act done by an offender to satisfy mens rea.
4. An intervening act done  to stop the offence against the will of an offender.

For example A decides to kill B(Mens Rea) He buys gun(preparation) goes to the B house(here is the window is open for offender to retreat back) he pulls the trigger pointing on B(Attempt/He enters danger zone and now the offence comes under 511,307(attempt to murder)).C comes and hits A and he misses B(Intervening act done by C against the will of A).

So if that intervening was not done by C it surely have killed B and A would be successful in its act.But failed act of A comes under 511,307 section.

Top 5 Sites to solve your legal problems

1. www.lawyersclubindia.com

Awesome site for all those who are facing any kind of charges .One can get free advice and read lot of articles to enhance the legal knowledge

2.Pathlegal.com
Excellent site to find great lawyers.

3.legallyindia.com
This site is for all those who are interested in corporate law news and lawfirms.

4.vakilno1.com
Best site to find recent case laws and bare acts.

5.indiankanoon.com
A legal search engine.

Introduction

Hi All
Welcome to Laws and People of India.This blog is intended to impart useful resources related to Indian laws. As we know ignorance is bliss, We are Indians and we are the largest democratic republic in the world,but sometimes I feel that we don't know our legal rights or a common man is facing exploitation because of this ignorance.

This blog will help the common man to understand our legal system of this great country.And is intended to uplift the Society from bliss of Ignorance to the ocean of Knowledge in legal aspect of one's life.