Contempt Of Court

What is Contempt of Court?

Contempt of Court is a very grave offense anywhere in the world, as well as in India. Contempt of Courts Act of 1971 clearly defines the basic nuances in the subject matter.

It states that basically a contempt of court can happen in two ways-

The first one refers to the civil contempt of Court. This is under section 2 (b) of the Contempt of Courts Act 1971. This happens when a court order in a civil case has been not been obeyed or carried out as was instructed by the Hon’ble Court. The disobedience can be regarding a judgment, it can be a decree, a direction, it can be an order, it can be a writ or it can even be any other process of a court or some willful breach of some undertaking that was promised to the court.

The second one refers to the criminal contempt of court. This is under section 2 (c) of the Contempt of Courts Act 1971. This happens when there has been a criminal contempt by spoken or written words or using some kind of signs or any type of visual representation or by any other matter or by any other doing by which any court has been scandalized or its authority has been lowered. It has been prejudiced against or has been interfered or has tended to interfere or it has obstructed or has tended to obstruct any kind of judicial proceeding.

It is also criminal contempt if any kind of action has interfered or has tended to interfere, obstructed or tended to obstruct any kind of hindrance in the administration of justice.

It also clarifies that “High Court” means it is the highest court of a state or a union territory of the Union of India and includes all the courts of judicial commissioners in any union territory.

Now, there are two sides to look at the case. If you are the party that is being falsely accused of contempt of court, be it civil or criminal, you will have to take the matter very seriously. If proven guilty, then you are looking at severe or exemplary punishment.

The best way forward is contact an advocate immediately. This should be done as soon as one can and preferably someone with considerable knowledge and experience in the field. The advocate will provide you invaluable consultation and would be the person to make or break the case for you.

Another aspect to it is that you feel that your opposition party is doing something, which is equivalent to being in contempt of the court. Be civil or criminal.

Just to be sure, consult with an advocate and apprise him or her on the matter at hand. Make sure you understand your legal standpoint and realize how strong or weak your case will be.

Upon receiving practical advice from your advocate, please proceed with what he or she is advising you to do. If you want to register a case again, he or she will be of immense help as the documentation will have to be filed and the case argued in the legal parlance.

                           

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Civil Cases

CIVIL REVISION IN HIGH COURT

Civil cases are always different from the criminal cases. Civil cases are initiated from the court and there is no role of police in the civil cases. Civil cases are related to personal dispute between two persons/parties on an issue which is civil in nature. Like dispute on share of property, Will, Partition, Injunction matter, Possession of property, rent matter, recovery of amount, dispute on ownership of property, Husband-wife dispute like divorce case, child custody case, maintenance case etc and most important thing is all the case are entertain by the Civil Judge junior division except the divorce cases. Divorce cases are entertained by the District Judge.

When question of Revision arise ?

In a civil case, a party can file revision at two stages

1. During the pendency of civil case.

2. After the obtaining the final order of the case .

First we talk about during the pendency of the case–

When any case is put up before the court (here is meaning of court is Judge) on date of hearing. The proceeding of the hearing of the case on  that day will reduce into writing on the paper and judge put the signature on the paper after completing the hearing. That is called Zimini order. For Example

“One Pw is present today but no cross examination conduct by the defence counsel.

Adjourned the case for the cross examination of Pw.”

Sd/-

(Civil Judge/Jr. Div.)

Chd.

This is a simple order passed by the court and both the parties have no harm from this order and simply the accept the order. But when the order passed like this

“One Pw is present today but no cross examination conduct by the defence counsel.

No other opportunity given to the defence for cross. Adjourned the case for Dw.”

Sd/-

(Civil Judge/Jr. Div.)

Chd.

This order is against the defendant party (who oppose the case) and right of cross examine to the witness goes from hand of the defence party and its effect the case of the defendant. So defendant must challenge this order by way of filling the revision petition. This kind of order is called Zimini order as well as interlocutory order.

Interlocutory order

When an order can change the direction of the case then it’s not remain a simple zimni order and converted into interlocutory order and this kind of order must be challenge by filling of revision in higher court. Example is already given above.

Where you file Revision in Civil Case –

In Civil case, if any party aggrieved from order of the civil judge, he can challenge the order in revision petition before the Hon’ble High court of the State.

Now we talk about After the obtaining the final order of the case –

This is second type of revision which is filed after the obtaining the final decree of suit from the lower court . Generally appeal is filed against the decree passed by the lower court ( here is lower court means which above the civil judge junior div.) After that decree, Challenged before the district judge by way of filing an appeal and if in appeal party not succeed then came into the High court in Second Appeal but in some matter provision second appeal is not available as per the CPC then revision can file by the aggrieved party. For example in rent matter provision of second appeal is not available so revision can file in the high court against the order of appellant authority.

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Education Matter

CHANGE OF NAME IN CERTIFICATES

CHANGE OF NAME IN CERTIFICATES –

In India most of education institutions (schools) have affiliation with Central Board of school education. When a child took admission in a school, some formalities performed by the institution like fill up the admission form along with supporting documents for the record and most important document is taken by them the original Birth certificate of the child and a strictly instruction given by the schools that detail of the child (name & date of birth) must be written according the birth certificate and no changes will be allow in future.

Basically this kind of instruction given by the Central board of school education to the schools, Schools have to follow the all instruction given by the board otherwise affiliation of the school can be cancelled.

HOW YOU CAN CHANGE YOUR  NAME –

If we talk in general nature, the process of name change is not a big deal. You can change your name easily with completion of some formalities. Here is three steps you have to take for changing your name

1. Make an affidavit regarding the change of name and mention your new name.
2. Give a General publication in newspaper (minimum two newspaper) regarding your old-name to new-name.
3. Finally give a publication in Government Gazette.

After completion of this above step you can change your name all your relevant documents like Passport, voter ID card, Ration Card etc.

RULE REGARDING THE CHANGE OF NAME IN CERTIFICATES –

CBSE( Central Board of School Education) has bye law/rule regarding the change the name of student, his/her father’s and mother’s name, Correction in the name of student, Correction in the name of his/her Father and mother, Correction in date of birth of the student etc.

Here we are talking about only bye-law relating to Change of name in the certificate of 10th and 12th class. “The rule 69.1 provides that the application would be considered provided the change has been admitted by the court of law and notified in the Government gazette before the publication of the result of the candidate.”

Now first need to understand the present rule. We divided this rule in two parts -:

1.File the civil suit for declaration regarding change of name by the particular person in civil court.

2. Notified his/her new name in Government Gazette before the publication of the final result of the class i.e. before prepare the Mark sheet of the relevant class.

Most important thing is the First part of the rule ( filing of civil suit) held to be unnecessarily requirement by the case:- Naveen Dogra and others vs. CBSE , Delhi High Court case and relevant part of the judgment is given below

“As regards change of name/surname, the bye law requires the applicant to submit an order from a Court of law and notification in a Government Gazette before change in the record of CBSE can be allowed. In my view, the requirement to submit an order from a Court of law permitting change in the name is wholly unjustified and in fact impossible to comply since a Court of law does not intervene in a matter of change of name, unless someone questions such change of name. In case it is assumed that under the Bye law, the person seeking change of name in the record of CBSE is to bring an order from a Civil Court, no such order can be obtained since there will be no defendant if a civil suit is to be filed by the applicant.

A civil suit for declaration can be filed only if someone is denying or disputing the changed name of the applicant. It appears that requirement of submitting an order from a Court of law has been incorporated in the byelaw, without appreciating this aspect of the matter and without realizing that in the absence of a lis, no order can be passed by a Court with respect to change of the name of a person. The byelaw 69.1 of Examination Byelaws, to the extent it requires the applicant to submit a Court order permitting change of his name being faulty, therefore, needs to be ignored from consideration. The only requirement which then remains is notification of the declaration of change of name in the Official Gazette.”

It means applicant required to follow the second part of the rule properly.

Now How you apply for change of name before the central board of school education.

                           

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Marriage Protection

MARRIAGE PROTECTION IN CHANDIGARH

Marriage is a personal decision –

Marriage is a personal decision between two peoples. When a couple decided to get married with each other, then nobody has right to interfere between them. Even  their family members also. For example:-

A (Girl) got married last week to B (boy) who is wonderful for her. Maybe he isn’t wonderful for everyone, but he is wonderful for her.  Maybe A is not wonderful for everyone, but she is wonderful for him. they are very compatible.

This is really kind of  very personal decision.When somebody strongly oppose the marriage of couple with violence, then couple needs protection from them. At that time couple needs physical as well as mental protection.

Marriage protection In Chandigarh –

“Marriage Protection” means make the protection of two person , husband and wife (Bride and bridegroom) from their relatives those are against the marriage of the couple and they have only one motive to reach the harm the newly married couple physically.

After performing the Marriage if the married couple has some apprehension that somebody (Either the parents of the girl or parents of the boy) hurt them or create threat to their life because they were not agreed for the marriage but still they performed. The married couple can file the petition the Hon’ble High court in Chandigarh for seeking the protection of life and liberty (famous known as marriage protection). The Indian constitution has given right of freedom to marry with any person of any religion and through run away marriage ,couple  fulfill their desire of marriage .

The runaway marriage & inter caste marriage has some adverse effects like increasing the incidents of honor killing. Thus it’s more important that those couple performing marriages like that should be highly protected. Here we are discussing  about the protection of life and  liberty of a couple who solemnize marriage against the wishes of their parents or who  planning to run from the house for getting the marriage, hence face threat to life. Those couple must apply for the marriage protection from the Hon’ble high court.

Marriage is  related to fundamental rights –

The Constitution of India Part III deals with fundamental rights. Article 14 to 18 describes about Right to Equality and Article 19 to 22 gives us Right to Freedom of life and liberty to all citizens of India, irrespective of any difference of religion, race, caste, sex, or place of birth.

It’s the fundamental right of grown ups to solemnize marriage with their free will and choice. But even in spite of lot of commercial and educational development still fundamentalist or conservative people think it immoral. Recent incidents of Honor killing have proved it. Still in 21th Century people think the female child as a property of family and forget that she is a human being also having desires, ideas, dreams, and a kind heart. The law seems to be on the side of free will having married as reveals from recent judgments of Supreme Court as well as various High Courts.

Who will apply for Marriage Protection-

Any married couple who performing the marriage against the wish of  their family members(like run away marriage or inter- caste marriage) and having threat or fear of life and liberty  from them,can move  the petition before the Competent Court ( High Court) for protection of  life and liberty.

What is the Protection Order ?

The Competent Court (High Court) after  gone through the facts of the case & observing the circumstances of the married couple passed the some directions to the police authorities to do the needful and after the direction of the court police take the appropriate action for the protection of the married couple.

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Habeas Corpus

How to Use the Writ of Habeas Corpus

Have you been arrested or detained by the police? Particularly, in cases of illegal detention, you need urgent help. The constitution provides the legal safeguard of ‘writs’ to protect your fundamental rights as per article 32 of the constitution. It comes to your aid if you have been detained illegally.

Habeas Corpus is a writ issued by a higher court to bring before the court a person who has been detained and is in custody. The court will go through the legality of detention. The person will be released if the detention is found to be illegal.

The term “Habeas Corpus” itself means ‘produce the body.’ The writ is sought by a person who has been detained illegally for 24 hours without bringing him before the concerned magistrate.

A petition of Habeas Corpus is filed in a court to object against the detention of self or any other person. The petition must show that the legal enforcement agency ordering detention made a factual or legal error.

But the issuing of Habeas Corpus does not clear charges leveled against the appellant. It merely ensures his release from prison. You need to consult an expert and experienced advocate in a case involving Habeas Corpus. A request for Habeas Corpus can be filed by any person on behalf of the prisoner or the prisoner himself. The writ is an efficient means of immediate release when there has been illegal detention be it in private custody or prison. It is subject to the rules of the various state high courts.

Physical confinement is not vital for consisting detention. Custody and control will suffice. If basic facts have been collected, legal technicalities and necessities are no hindrances for the court in which the Habeas corpus has been filed. The writ not only prevents illegal detention, it will also ensure that a prisoner in custody does not receive inhuman treatment. If you have been detained by the police, you can use an advocate to ensure you receive humane treatment.

The scope of the writ has been widened considerably because of a decision of the Supreme Court in “Maneka Gandhi versus Union of India” as well as 44th amendment of the constitution. The concept of personal liberty will be ensured by this writ.

Our expertise Advocate in Chandigarh, Punjab, Haryana High Court with experience know about the nuances and details of writs and how to handle things so that you don’t suffer illegal custody or detention. You will be depressed by the legal complications you have to suffer. But with our qualified panel of advocates, any legal issue can be sorted out well. Different writs may turn out tricky when the judge takes time to examine the right legal procedure and publicize it with the constitution.

                           

 

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Public Interest Litigation

PUBLIC INTEREST LITIGATION: POWER IN YOUR HANDS

Public Interest Litigation is one of the most powerful and advanced subjects in the Indian Constitution. Through this judicial instrument, any individual can initiate a legal process against various social injustices.

In 1988, the Supreme Court of India passed a guideline as to what will constitute a Public Interest Litigation case. The guideline helps the judiciary take appropriate steps when and where necessary and on the other hand, it also saves against much untoward wastage from the judicial point of view.

Understanding these will help us with the power and reach of PIL.

• The valid grounds

According to Supreme Court of India’s decree, a PIL consists of

a) Matter of bonded labour

b) Matters of neglected children

c) Violation of labour laws like not paying the labourers or exploiting the casual workers, etc

d) Petition from jails (harassment or seeking release after the 14 years’ punishment, speedy trials etc.)

e) Petition against death in police custody or against police refusal to register a case, harassment, etc.

f) Petitions against various atrocities done against women

g) Petitions against harassment done by co-villagers, harassment on Scheduled Tribe and Scheduled Caste or other backward classes, etc.

h) Petitions about environmental pollution, etc.

i) Petitions from riot victims

j) Petition about family pension.

Advocate in Chandigarh can help you with the details of filing a PIL.

• Who can file a PIL?

It all began as K. Hingorani filed a case for the detained prisoners in a jail in Bihar. It was 1979 and it was the first time when no directly affected person filed a case. As then PIL in its recent avatar was not present, the name of one of the prisoners was utilised for the case. Now

a) Any individual

b) Or an NGO

c) Or an institution can file a PIL.

The best lawyers in Chandigarh high court will not only guide you through the procedure, he/she will also show you how PIL has made many government institutions accountable to the general public for their actions and duties. With the Supreme Court’s clear guidelines, now the validity and significance of a PIL have increased. Also, you can file a PIL in any high court or even in Supreme Court directly.

• How to file a PIL?

a) Please consult with the affected individual or group before taking any decision. Legally, high court advocates in Chandigarh will guide you through the Supreme Court’s mandates.

b) Pay attention to the time consuming nature of these cases, also please be attentive regarding the reactions the case will generate among many groups.

c) Once you have taken the decision for filing a PIL, ask your advocate for helping you with information, photograph and survey results connection. Remember, gathering data and evidence for your demands is the key here. With the help of your high court advocate in Chandigarh, fashion a complete data repository.

d) Notifying the concerned parties completes the procedure before you go to the court.

e) Take two copies of the petition for high courts and five for the Supreme Court petition.

You can change the lives of many with a carefully drawn PIL.

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Women's Protection

An Act For Protection of Women

                               

There is hardly any issue that shames our great country like the issue of domestic violence done against women. Traditionally, India has been a country with dual standards as far as the fairer sex is concerned. This duality has led to today’s social epidemic of various atrocities against women.

Legally, the Protection of Women from Domestic Violence Act 2005 is one of the most powerful and impact laws under the Indian penal Code. Understanding the premises and consequences will help us create a better country for our female citizens as it will help us build a stronger image for the country in the world.

• The definition of domestic violence

The act clearly defines the premises of domestic violence as:

a) Any act of assault or that makes the woman’s life miserable by cruelty of conduct even if the act does not affect the female physically

b) Any act by which the woman is made to lead an immoral life or

c) Otherwise injures the woman.

The act furthers the premises by specifying acts of physical, sexual, economic and mental abuses to be taken as acts of violence. Any pressure created for dowry comes under this definition. The best lawyers in Chandigarh high court will be able to illustrate the details of the law for your better understanding.

• The reach of the act

The act is about giving proper living condition and providing safety to all women.

Therefore, any female like the sister, mother, widow, single women or live-in partner: all come under the protection of the law. Secure shelter is a major issue of the law. Any woman, whether she has any legal right or title for the property/house, is to have a secure living space, the law decrees to solve the security issue involved in shelter for women.

• The different aids

 Advocate in Chandigarh high court will educate you regarding the provision of legal, medical and other types of aids that any victim of domestic violence is entitled to have. The act holds provision officers and NGO's to provide these.

Financial needs like household necessities, properties jointly owned or separately owned, Stridhan etc. all fall under the law’s decree. Restricting these will be held as non-bailable offense in the court.

• The legal process

The act has a very broad arena of operation.

a) The victim or

b) Protection officer speaking for the victim or

c) Any other person speaking for the victim can file a case under this act. Advocates in Chandigarh high court, Punjab, have the experience of filing Public Interest Litigation against atrocities recognized as domestic violence under the act.

• Orders for the protection of the victim

The magistrate after investigating and considering any case of domestic violence can issue orders relating to the victim’s

a) Financial relief

b) Housing related issues

c) Compensation issues

d) Custody and

e) Protection matters.

However, the law is not biased towards one section of the society; it recognizes that any act take against the female in order to protect oneself will not be taken as an act of domestic violence.

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