Crime investigation and trial of offences in India

Criminal Law in India:

Crime investigation and trial of offences in India is governed by Criminal Procedure Code, 1973. Offences governed by Indian Penal Code 1860 besides other specialised laws e.g. Narcotics Drugs and Psychotropic Substances Act, 1985. Evidence of witnesses during trial is to be evaluated on the touch stone of Evidence Act, 1872. Children and Juvenile have special law called JJ Act. Prison Conditions are governed by Prisons Act.

Apart from above legislations, there are numerous directions, guidelines and cautions by Supreme Court to protect the personal liberty, human rights and human dignity under article 21 of the Constitution of India.

This book is an attempt to assimilate basic knowledge from all these sources so as to assist in each stage of criminal proceedings starting with crime investigation, bail, trial and even after the conviction and sentencing of a person.

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Corruption in India (History, Law and Politics)

Corruption in India

Corruption in India

India is the only living ancient civilization which will soon be the most populous country in the World. Corruption remains India’s biggest problem. In last about 72 years since India’s independence, numerous laws and authorities have been created by India to deal with the menace of corruption.
Even though several Chief Ministers, Ministers, Officials etc. are serving sentences of imprisonment in different prisons, the menace of corruption has not subsided. Since 2014 the India may have improved it’s transparency rating but this does not change the ground realities of laws and enforcement authorities which are placed in a precarious flip flop course.

A Kindle ebook on Corruption:

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Ebook on Legal Profession in India

Advocates Act, 1961 with Professional Ethics

eBook, available at Google Play and Kindle Stores.

Law governing legal profession in India.

Advocates Act, 1961 governs the legal profession in India. According to it there are two classes of lawyers entitled to practice law in India i.e. Advocates and Senior Advocates. The Act has provisions for entry into profession as well as discipline and exit from profession. All the three aspects are looked after by the Bar Councils created under the Act which is a body of lawyers themselves. Bar Council also frames the Code of Conduct and Rules of Professional Ethics to be followed by every practicing lawyer. This book contains lucid commentary on all aspects of Advocates Act, 1962. This ebook also contains a specific chapter on Professional Ethics covering material from all over the Globe.

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Principles of Interpretation: An Ebook.

Interpretation boom cover

Principles of interpretation: An ebook

Principles of interpretation is an ebook, written for beginners and expert alike for those interested in law. Reading laws i.e. bare legislation itself can be tedious. In law an ‘and’ is not always an ‘and’ but can be an ‘or’. ‘Shall’ can be read as ‘may be’ or ‘vice versa or a ‘must be’, depending upon the context. There are many other problems as to how to read a particular text. Reading any text can bring about two meanings, a narrow meaning or a liberal meaning. How to decide when to give liberal meaning and when to give narrow meaning. All such principles are discussed in the ebook.

The book cites precedents and mostly, live source of the judgement relied upon. A must for a beginner, a practising lawyer and a student alike.

About Principles of Interpretation:

Principles of interpretation are often not the law but they have force of law. Reading and understanding a legal document requires understanding the principles with which to read the document. An easy example is what if a particular passage is susceptible to two meanings or what if there is no punctuation or if punctuation is there and it changes the meaning. It is said that there is no greater irony than to read anything literally and thus misreading it completely.
This book deals with most of the established principles of interpretation of laws and other legal documents including popular maxims in India, as accepted by the Courts with reference to reported cases and its citations.

Principles of Interpretation is available on Google Play Books

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Law of Ownership and Transfer of Property in India

An ebook on Law of Ownership and Transfer of Property in India.

Property Laws in India

Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession too have certain rights. All these aspects of ownership and possession are discussed in this book.

In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book.
This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as examples of the problem.
A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away.
A must for a legal practitioner or a litigant alike.

This ebook is now available at Amazon Kindle as well as Google Books and Google Play Store. Click on the respective link to read free sample.

Principles of interpretation of laws in India

Principles of interpretation

An ebook by Sandeep Bhalla.

Principles of interpretation is a kindle ebook, written for beginners and expert alike for those interested in law. Reading laws i.e. bare legislation itself can be tedious. In law an ‘and’ is not always an ‘and’ but can be an ‘or’. ‘Shall’ can be ‘may be’ or ‘vice versa or a ‘must be’, depending upon the context. Here is a book to understand this jargon:
The book cites precedents and where available, citations are linked to the live source of the judgement relied upon. A must for a practising lawyer and a student alike.

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Law of Maintenance in India

An eBook about Law of Maintenance in India.

Maintenance has a legal connotation in India which includes, Child Support, Spouse Support and Parent Support.

Introduction about the ebook:

Maintenance of dependents, is a pious duty of human beings but in certain circumstances it is also a statutory liability with a corresponding right vested in the dependent, to legally enforce this duty through court of law. 
Entitlement to maintenance is a complex right in India. In certain relationships, the right and corresponding liability is rigid but in other circumstances it is dependent upon the various other factors. The matter is further made complex by various personal laws in respect of citizens belonging to different religions and also a variety of forums. This book of about 800 pages attempts to assimilate all the aspects of this branch of family law, as far as possible.  

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Selected excerpts from the ebook, Law of Maintenance:

Considerations for granting alimony

Maintenance depends upon a gathering together of all the facts of the situation, the amount of free state, the past life of the married parties, and the families, survey of the condition and necessities and rights of the members on a reasonable view of change of circumstances possibly required is the future, regard being of course had to the scale and mode of living, and to the age, habits and class of life of the parties. In short, it is out of a category of circumstances, small in themselves, that a safe and reasonable induction is to be made by a court of law in arriving at a fixed sum.
While fixing permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955, the court is expected to make detailed inquiry and has to take into account not only the income but other properties of the parties, their conduct and other circumstances of the case that the court might consider relevant.

The following principles would appear to be relevant for the purpose:
(1) position and status of the parties;
(2) reasonable want of claimant (towards food, clothing, shelter, medical attendance and treatment, education and the like);
(3) income of the claimant;
(4) income of the opposite party;
(5) number of persons opposite party is obliged to maintain.

Two corollaries may be added here:
(1) In arriving at the income of a party only involuntary deductions like income-tax, provident fund contribution, etc. are to be excluded; and
(2) though under the law opposite party may to be obliged to maintain brother or sister but if that brother or sister having no income is living with the opposite party as member of his family and where either there are no parents or are unable to maintain themselves, the court may in a given circumstance consider the expenses to be incurred on the maintenance of brother or sister by the opposite party.

After all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like Section 24 of the Act.
Where the parents were facing problem of life of such daughter in all matters and ultimately, in the net analysis, the divorced daughter would be left alone, cursed by the society and a burden on herself both, socially and economically. She may or may not have any shelter to live in it and bread to eat. In the instant case, she is illiterate admittedly and that would add insult to injury because she would not be able to earn anything. The remarriage is very difficult, for-fetched proposition in most of the communities amongst Hindus. In view of this, permanent alimony should be substantially a relief to her at least……..

……….No ‘dry and cut’ solution can be found out for measuring the conduct of desertion in terms of reduction in quantum of maintenance. However, when the legislature has introduced an amendment in Section 25 of Hindu Marriage Act, 1955, it cannot be treated as redundant and should be given effect to logically and legally. It was further held ‘Undoubtedly, the wife in the present case deserted the husband, did not reconcile and return to the husband during the pendency of the first litigation of restitution of conjugal rights. She insisted on remaining separately even when a decree for restitution of conjugal rights was passed, and forced the husband to file a petition for dissolution of marriage, and now the marriage has been dissolved, for which she alone is responsible, she cannot persuade this Court for grant of such maintenance which should be enough for maintaining her and also meeting the expenses should be enough for maintaining her, and also meeting the expenses of the medicines. It is self-invited trouble, for which none else but she is responsible. The act of desertion which was done initially and which has been consistently followed by her, in no case can put premium over her conduct.’

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Maintenance to Muslim Woman.