Common Law

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Special remedy against Administration: The Writ Petition is a special remedy provided to people of India for enforcement of their fundamental and statutory rights against the Govt and its various agencies, and in exceptional circumstances, the writ remedy may be invoked against private bodies, who are either discharging pubic functions, or if they are acting contrary to law and in collusion with Administration. Against whom Writ can be invoked: Writ jurisdiction under Article 226 and Article 227 jurisdiction of High Courts may also be invoked against decisions and Orders passed by judicial, quasi judicial bodies and administrative bodies discharging quasi judicial functions, where they have acted wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or have refused to exercised the jurisdiction vested in them, or where there is an error apparent on the fact of the record, and such act, omission, error or excess has resulted in

The issue which is dwelled upon in the present write up is – the execution and obtaining probate of the Will; and whether it is necessary to obtain Probate of the Will. Who can make a Will: Every person of sound mind not being a minor may dispose of his property by Will. For the sake of clarity, the maker of the Will is described as “testator”. The disposition by Will should always be specific to the person and specific to the property, i.e. to say, full name of the person and his / her relationship with the testator should be stated; and sufficient description of property must be mentioned, so as to identify it and distinguish it from all other parts of the property. To what properties Will can be made: It is very important to bear in mind that the properties which is sought to be given under will must belong to the testator i.e. to say, grant can only be made of such properties to which the testator is entitled to, or has any “interest” in the property which can be tran

Introduction: If you can read this article, because you are a free “man”, and if I am writing this article because I too enjoying my personal liberty. Personal liberty is dear to all, be it leftist or rightist, human being or animal being, Prime minister of a country or the poorest sovereign. It is said that, “you take my life when you take away the means whereby I live”. This is true for a family whose sole bread earner is arrested. The importance of personal liberty to a civilized society cannot be over stated. The Constitution of India, under Article 21, has placed the importance of personal liberty at par with our life, and guarantees that life and personal liberty of a person cannot be taken away, except by strictly following the procedure established under the law. The scare by Police: The Independence of India has come but Police in India continues to inspire fear. One thing that terrorizes the most to a common man is fear of highhandedness of the police who has

FIR stands for First Information Report , i.e. First Information received by a Police officer in respect of the commission of cognizable offence. This first information alleging the commission of cognizable offence need not necessarily be given by a victim or an eye-witness, and in cases it may even be furnished by the person who has committed the crime and has thereafter informed the Police about the crime. The F.I.R. is registered u/s 154 of Criminal Procedure Code (CrPC), 1973. Registration of FIR is a first step which sets the machinery of law into motion, followed by investigation and filing of Police Report. What is meant by “Cognizable offence”, is defined under CrPC, 1973, and it means a “case” in which the Police officer is empowered to investigate the offence and may arrest a person suspected of having committed the said offence. The mandate of section 154: Section 154 of CrPC, inter alia, mandates that every information relating to the commission of a cognizable o