Monthly Archives: April 2025

The process of resolving a disputed property matter under the Civil Procedure Code (CPC), 1908 involves several key stages. Here’s a step-by-step outline of how such disputes are generally handled in Indian civil courts:

🔹 1. Filing of a Suit (Section 26 & Order 4 of CPC)

• The aggrieved party (plaintiff) files a civil suit by presenting a plaint before the appropriate civil court (usually based on the location of the property).
• The plaint includes:
  • Details of the dispute
  • Nature of the plaintiff’s claim (ownership, possession, injunction, etc.)
  • Description of the property
  • Relief sought

🔹 2. Payment of Court Fees & Jurisdiction Check

• Proper court fees must be paid under the Court Fees Act.
• The court checks:
  • Pecuniary jurisdiction (based on the value of the suit)
  • Territorial jurisdiction (usually where the property is situated)

🔹 3. Issuance of Summons (Order 5 of CPC)

• The court issues summons to the defendant(s) to appear and respond to the plaint.

🔹 4. Filing of Written Statement by Defendant (Order 8 of CPC)

• The defendant files a written statement (WS) within 30 days (extendable to 90 days) denying or admitting the claims.
• May also include a counterclaim or set-off.

🔹 5. Replication by Plaintiff

• Plaintiff may file a replication (reply to the written statement).
• Issues are framed by the court based on the plaint and WS.

🔹 6. Framing of Issues (Order 14 of CPC)

• The court frames issues of fact and law which are in dispute.

🔹 7. Evidence Stage (Order 18 of CPC)

• Plaintiff’s Evidence: Plaintiff presents oral and documentary evidence.
• Cross-examination by defendant.
• Defendant’s Evidence: Defendant then presents their evidence.
• Cross-examination by plaintiff.

🔹 8. Final Arguments

• Both sides present final arguments based on evidence and law.

🔹 9. Judgment & Decree (Order 20 of CPC)

• The court delivers a judgment, followed by a decree (formal expression of the decision).

🔹 10. Execution of Decree (Order 21 of CPC)

• If the decree is in the plaintiff’s favor and the defendant doesn’t comply voluntarily, the plaintiff can file for execution to enforce the decree (e.g., possession, damages, etc.).

Optional Stages:

🟠 Interim Relief (Order 39 CPC):

• Plaintiff may seek temporary injunction (e.g., to restrain sale or construction) during the pendency of the case.

🟠 Appeal/Revision/Review (Sections 96-115 CPC):

• Aggrieved party may appeal to a higher court or seek review/revision based on specific grounds.

Common Types of Property Disputes:

• Disputes over title or ownership
• Possession disputes
• Partition among co-owners/heirs
• Adverse possession claims
• Disputes involving tenancy/lease

Section 138 of the Negotiable Instruments Act, 1881 (NI Act) deals with the offence of cheque dishonour for insufficiency of funds or if it exceeds the amount arranged to be paid by the drawer. It is a penal provision that makes dishonour of certain cheques a criminal offence.

Essentials of Section 138 NI Act:
To attract Section 138, the following conditions must be satisfied:
Cheque must be drawn on an account maintained by the drawer.
Cheque must be issued for discharge of a legally enforceable debt or liability.
Cheque must be presented within 3 months (or within its validity period, whichever is earlier).

Cheque must be returned/dishonoured by the bank due to:
Insufficient funds, or
Exceeds the amount arranged to be paid.
Payee must send a written demand notice to the drawer within 30 days from receipt of return memo from bank.
Drawer must fail to make payment within 15 days of receipt of such notice.

Procedure under Section 138 NI Act:
1. Dishonour of Cheque
The cheque is deposited and returned unpaid by the bank with a memo (e.g., “Funds insufficient”).
2. Demand Notice
The payee must send a legal notice (preferably via Registered Post/Speed Post) to the drawer within 30 days of receiving information about the dishonour.
The notice must demand payment of the cheque amount within 15 days.
3. No Payment Received
If the drawer fails to pay within 15 days, a cause of action arises.
4. Filing of Complaint
A criminal complaint under Section 138 can be filed within 30 days from the expiry of the 15-day period.
The complaint is filed before a Magistrate of First Class in the local jurisdiction where:
The cheque was presented, or
The bank dishonoured it, or
The notice was sent/received.
5. Court Process
Summons issued to the accused.
Pleadings and Evidence: Both parties submit documents and evidence.
Trial and Arguments.
If proved, punishment can include:
Imprisonment up to 2 years, or
Fine up to twice the cheque amount, or both.

Additional Notes:
Compoundable offence: The matter can be settled anytime during the trial.
Pre-summoning evidence (affidavit & documents) is usually submitted with the complaint.
Section 139 provides presumption in favour of the holder that the cheque was issued for discharge of debt.Activate to view larger image,

— a case that played a crucial role in shaping the balance between Fundamental Rights and Directive Principles of State Policy in the Indian Constitution.

Mills v. Union of India – Full Story

⚖️ Background:

Minerva Mills Ltd. was a private textile company located in Bangalore. In 1970, the Government of India, under the Industries (Development and Regulation) Act, 1951, referred the company for investigation, claiming it was being mismanaged in a manner that was prejudicial to the public interest.

Eventually, under Section 18A of the Act, the management of Minerva Mills was taken over by the Central Government.

The company challenged this action in the High Court, which dismissed their petition. The company then appealed to the Supreme Court of India.

However, this case quickly became much bigger than a company dispute — because it questioned some major constitutional amendments and raised the core issue of the “Basic Structure Doctrine”.

📜 The Constitutional Context:

The case was heard in the wake of the infamous Emergency period (1975-1977) under Prime Minister Indira Gandhi, during which several controversial constitutional amendments were made.

Two key provisions were challenged:

1. Section 4 of the 42nd Amendment (1976):

It amended Article 31C, stating:

If a law is made to implement any Directive Principle (Part IV), it cannot be struck down on the grounds of violating Fundamental Rights (Part III).

Originally, Article 31C gave this protection only to laws made for Articles 39(b) and 39(c). The 42nd Amendment extended this to all Directive Principles.

2. Section 55 of the 42nd Amendment:

It added Clauses (4) and (5) to Article 368, stating that:

No constitutional amendment can be “called into question in any court” on any ground, effectively removing judicial review even for constitutional changes.

These two amendments were seen as an attempt by the Parliament to gain unchecked power, bypassing judicial scrutiny and overriding Fundamental Rights.

🧑‍⚖️ Issues Before the Supreme Court:

The case raised four major questions:

1. Whether the amendment to Article 31C (by Section 4 of the 42nd Amendment) was valid.
2. Whether Clauses (4) and (5) of Article 368 (by Section 55 of the 42nd Amendment) were valid.
3. Whether Parliament has unlimited power to amend the Constitution.
4. Whether the Directive Principles can override Fundamental Rights.

⚖️ The Supreme Court’s Verdict (1980):

The Constitution Bench (5 judges) delivered a majority verdict (4:1) on 31 July 1980, led by Chief Justice Y.V. Chandrachud.

🔹 1. Article 31C (as amended by 42nd Amendment) was struck down.

• The Court held that the extension of Article 31C to all Directive Principles was unconstitutional.
• It damaged the Basic Structure of the Constitution by destroying the harmony between Fundamental Rights and Directive Principles.

“The Indian Constitution is founded on the bedrock of the balance between Part III and Part IV. To give absolute primacy to one over the other is to disturb the harmony,” – CJI Chandrachud

🔹 2. Clauses (4) and (5) of Article 368 were struck down.

• The Court ruled that these clauses take away judicial review, which is a basic feature of the Constitution.
• Judicial review is essential to check the misuse of power by Parliament.

“Limited amending power is part of the basic structure… Parliament cannot destroy the essential features of the Constitution.”

🔹 3. Reaffirmation of the Basic Structure Doctrine (from Kesavananda Bharati case, 1973):

• Parliament cannot amend the Constitution in a way that destroys or damages its basic structure.
• The Basic Structure includes:
  • Supremacy of the Constitution
  • Rule of law
  • Separation of powers
  • Judicial review
  • Fundamental Rights

🔸 Dissenting Opinion – Justice P.N. Bhagwati:

• Justice Bhagwati partly dissented, holding that the amendment to Article 31C could be valid to implement Directive Principles, depending on how it is interpreted.
• But he agreed that Clauses (4) and (5) of Article 368 were unconstitutional.

📌 Significance of the Judgment:

1. Strengthened the Basic Structure Doctrine
   • Reaffirmed that Parliament’s power to amend the Constitution is not unlimited.
2. Re-established the importance of Fundamental Rights
   • Ensured that Fundamental Rights like equality (Article 14) and freedom (Article 19) cannot be sacrificed for vague or unchecked Directive Principles.
3. Upheld Judicial Review
   • Ensured that courts can review and strike down unconstitutional amendments.
4. Check on Authoritarianism
   • The judgment was a direct blow to the Emergency-era overreach and restored democratic checks and balances.

📚 Key Takeaway Quote:

“The Constitution is not a mere political document; it is a vehicle of life, and its spirit must be respected.” – Justice Chandrachud

⚖️ Final Verdict:

• Sections 4 and 55 of the 42nd Amendment are unconstitutional.
• Article 31C is restored to its original limited scope.
• Clauses (4) and (5) of Article 368 are struck down.
• Basic Structure Doctrine stands reaffirmed.

भारत में, अगर कोई व्यक्ति 12 साल तक लगातार किसी निजी संपत्ति पर खुलेआम और बिना किसी रुकावट के कब्जा करता है, तो वह उस संपत्ति पर मालिकाना हक का दावा कर सकता है, जिसे “प्रतिकूल कब्जा” (Adverse Possession) कहते हैं.

यहाँ 12 साल के भूमि नियम के बारे में कुछ महत्वपूर्ण बातें दी गई हैं:

प्रतिकूल कब्जा (Adverse Possession):
यह एक कानूनी सिद्धांत है जिसके तहत, अगर कोई व्यक्ति किसी संपत्ति पर 12 साल तक लगातार, खुलेआम और बिना किसी रुकावट के कब्जा करता है, तो वह उस संपत्ति का मालिक बन सकता है, भले ही वह संपत्ति किसी और की हो.

12 साल की अवधि:
यह नियम केवल निजी संपत्ति पर लागू होता है, सरकारी संपत्ति पर नहीं.

कानूनी अधिकार:
अगर कोई व्यक्ति 12 साल तक किसी संपत्ति पर प्रतिकूल कब्जा करता है, तो वह उस संपत्ति पर मालिकाना हक का दावा कर सकता है और कानूनी रूप से उस संपत्ति का मालिक बन सकता है.

मकान मालिक की जिम्मेदारी:
अगर कोई व्यक्ति अपनी संपत्ति पर प्रतिकूल कब्जे से बचना चाहता है, तो उसे 12 साल की अवधि के भीतर उस पर अपना अधिकार कायम रखना चाहिए.

सरकारी जमीन:
सरकारी जमीन के मामले में, यह अवधि 30 साल तक बढ़ जाती है.

सुप्रीम कोर्ट का फैसला:
सुप्रीम कोर्ट ने कहा है कि संपत्ति के असली मालिक को 12 वर्षों के भीतर अपनी संपत्ति पर दावा करना होगा, अन्यथा वह अपनी कानूनी अधिकारिता खो सकता है.

कानूनी सलाह:
अगर आपको लगता है कि आपकी संपत्ति पर कोई प्रतिकूल कब्जा कर रहा है, तो आपको तुरंत किसी वकील से सलाह लेनी चाहिए

In the context of domestic violence (DV), cruelty can take many forms. These types of cruelty are often used to control, intimidate, or harm the victim. Here are the main types of cruelty in domestic violence:

1. Physical Cruelty

• Hitting, slapping, punching, kicking
• Burning, choking, using weapons
• Forcing physical restraint or confinement
• Denial of medical care or forcing substance abuse

2. Emotional/Psychological Cruelty

• Constant criticism, humiliation, or insults
• Gaslighting (manipulating someone into doubting their sanity)
• Intimidation or threats (to harm, take away children, etc.)
• Isolation from friends, family, or support systems

3. Verbal Cruelty

• Yelling, name-calling, mocking
• Threats of harm or abandonment
• Using degrading language or slurs
• Blaming the victim for the abuse

4. Sexual Cruelty

• Forced sexual acts or rape
• Coercion into unwanted sexual behavior
• Using sex as a tool for power and control
• Denial of contraception or reproductive autonomy

5. Financial/Economic Cruelty

• Controlling all finances
• Preventing the victim from working
• Stealing money or property
• Forcing economic dependence

6. Technological Cruelty (Cyber Abuse)

• Spying via phone or social media
• Threatening or harassing online
• Sharing private images without consent (revenge porn)
• GPS tracking or digital stalking

7. Legal Cruelty (Legal Abuse)

• Misusing the legal system to harass (false accusations, dragging through court)
• Threats involving custody or immigration status
• Refusing to pay child support or follow court orders