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Major daughter cannot claim maintenance from her father under Section 125 CrPC merely on the ground that she is unable to maintain herself: Kerala High Court

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Major daughter cannot claim maintenance from her father under Section 125 CrPC

In Gireesh Kumar N v. Rajani K V and Anr. Case the Kerala High Court reiterated that an unmarried daughter who attained majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance. The Court also observed that an unmarried daughter unable … Read more

What is First Information Report (FIR) ?

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First Information Report (FIR) is the information given to the officer-in-charge of a police station regarding the commission of a cognizable criminal offence. Under Section 154 of the Criminal Procedure Code, the officer in charge of police station records that information. The information given to the SHO should be in respect of a cognizable offence. It … Read more

Mischief Rule of Interpretation

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The mischief rule of statutory interpretation is the oldest of the rules. The mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. Its main aim is to determine the “mischief and defect” of the statue.  The mischief rule was established in Heydon’s Case in 1584. It was held the … Read more

‘Lease’ under the Indian Stamp Act, 1899

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Lease [Section 2(16)]: Lease means a lease of immovable property and also includes: (a)  a patta; (b)  a kabuliyat or other undertaking in writing, not being a counterpart of a lease to cultivate,  occupy or pay or deliver rent for, immovable property; (c)  any instrument by which tolls of any description are let; (d)  any writing on … Read more

Test Identification Parade

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The purpose of Test Identification Parade (TIP) is to find out whether he is preparator of the crime. This is necessary where the name of the offender is not mentioned by those who claim to be eyewitness of the incident, but they claim that although they did not know earlier, they could recall his features … Read more

Judicial Activism in Prison Reform

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In Sunil Batra (II) v Delhi Administration (1980) 3 SCC 488, the Supreme Court emphasised the role of the courts in the context of the enforcement of human rights within the prison walls to see that the prisoners I were not treated in arbitrary and cruel rilanner. The Court said: Conviction for  a crime does not … Read more