WakeelSaab.in

Hello friends, today we shall talk about some of the differences between co-owner and concept known as a derivative title. In simplier language, a co-owner is a person who shares the joint right/title in a property. On the other hand, a person enjoying the derivative title, is the person who also enjoys a right in a property however it enjoys a right which is only inferior or to a lesser extent than that of the original owner. Secondly, the persons share in a co-ownership does not come in way to restrict his / her right in terms of enforcing the same against any third party. eg, suppose a person A and B are co-owners of a piece of land, wherein A has major share of say 70% & B has a share of 30%. Now say a person C has come and is trying to trespass in the said property without any authority. In such event, either A or B has full rights jointly as well as severally to institute a case in court of law and restrict C from entering. Here, either A or B can file a case and extent of th...

Hello friends, today we shall discuss about the electronic evidence which is produced in court of law. Before moving ahead, we need to know what is exactly be defined as an electronic evidence in common terms. Let us understand it with an example. Suppose in a case there is a sale deed which is filed during the course of proceedings. Now at the time of evidence, the said party is required to produce before the court the original of the said sale deed. Now for e.g., in case any information is in form of electronic evidence, i.e. to say that a print-out or a recording in form of CD or pen drive etc., in such an event, the said CD or pen drive, contains the information, which is generally stored in an mobile phone or in an computer. Now, in common parlance it is not feasible to bring the said device before the court of law. Thus, the question arises as to how to prove the said document stored in an electronic device? To answer the same, we need to discuss regarding Sec 65 of the Indian Ev...

Hello friends, today we will see how the stipulated period / cooling off period of 6 months can be waived off fighting a case for mutual divorce. Generally when parties come to an agreement that they shall be seeking divorce on mutual terms, the same is completed through court of law by filing two motions / petitions commonly termed as First Motion and Second Motion. Now, what is important here to note here is that there are certain conditions and only upon fulfilment of the same, these 2 motions be filed and the same is enumerated as hereunder:- Both husband and wife before filing a petition for mutual divorce i.e. First Motion are required to be living separately for atleast a period of 12 months. Living seperately here means that both the parties have not lived as husband and wife for the last 12 months. Even if both parties are residing under the same roof, it can be said that they have lived separately provided that they have not lived as husband & wife i.e. not cohabitated fo...

Hello friends, today we shall talk about the necessary pre-requisites a young lawyer shall take into account before arguing a matter at the stage of final arguments. This is one of the most crucial stages of the case in deciding the final outcome of a particular case. Generally, not much of a time is given to argue a particular case. In other words, a limited time is allotted to address your arguments. Thus, the arguments is to be prepared in such a manner that the important points to be addressed in most concise manner so as to clearly convey your point with utmost clarity. Hence, following are some of the most relevant points one should keep in mind before preparing for arguments:- Firstly , you should be well aware of all the facts and circumstances of the particular case file. This means that you must have gone through the entire case file in detail before the day of the matter. It includes reading of the plaint/complaint, written statement, replication. This can be followed by a l...

Hello friends, today we shall discuss certain points to be kept in mind before drafting a written statement. Normally when a civil case is filed in a court of law, the person against whom the same is filed is required to file a written statement. In simple terms, it can be referred to as the reply. TIPS TO DRAFT A WRITTEN STATEMENT/REPLY 1.  First of all, just read the case which has been filed and ensure that the same is complete in all   respects. 2.   Then it is to be seen what all legal defects the particular case has and same has to be mentioned in written statement under the head "Preliminary Objections". The said objections can be anything which is inconsistent with existing law. For e.g, it can be relating to the law of limitation, other party not coming with clean hand and suppressing vital facts, for example case under reply been filed in wrong court   having no jurisdiction, etc. 3. After that the written statement be continued by replying to the fact...