Case Laws http://www.hcmadras.tn.nic.in/jacademy/e%20journal/2007/8%20August%2007.pdf Cr.pc Amendments: http://www.legalserviceindia.com/criminallaws/criminal_law.htm http://savefamily.org/index.php?view=article&id=268%3ACrPC+Amendment+Is+New+Law%3A+No+Mo re+498A+Arrests+for+Extortion+of+Money+by+Laywers+and+Police&Itemid=50&option=com_content http://www.vakilno1.com/criminal_qns.html NI Act: http://www.legalserviceindia.com/articles/sec138.htm http://www.caclubindia.com/experts/section-138-of-negotiable-instrument-act--5666.asp http://advocatekapil.mywebdunia.com/2009/09/09/important_case_laws_on_the_negotiable_instrum ents_act_sec_138_cases.html clubindia.com/judiciary/Section-138-of-the-Negotiable-Instruments-Act-1881-for-short-the-N-I-Act-2475.

asp

http://www.helplinelaw.com/docs/THE%20INDIAN%20PENAL%20CODE,%201860/CHAPTER%20XX%20O F%20OFFENCES%20RELATING%20TO%20MARRIAGE THE INDIAN PENAL CODE, 1860 Title : THE INDIAN PENAL CODE, 1860 Year : 1860 Act : CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

CHAPTER XX OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.--Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

494. Marrying again during lifetime of husband or wife.

494. Marrying again during lifetime of husband or wife.--Whoever, HAVING a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent FROM such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

495.

Same offence with concealment of former marriage FROM person with whom subsequent marriage is contracted.

495. Same offence with concealment of former marriage FROM person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section HAVING concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

496. Marriage ceremony fraudulently gone through without lawful marriage.

496. Marriage ceremony fraudulently gone through without lawful marriage.--Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

497. Adultery.

497. Adultery.--Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

498. Enticing or taking away or detaining with criminal intent a married woman.

498. Enticing or taking away or detaining with criminal intent a married woman.--Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, FROM that man, or FROM any person HAVING the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1*[CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A.

Husband or relative of husband of a woman subjecting her to cruelty.

498A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. ---------------------------------------------------------------------1. Chapter XXA inserted by Act 46 of 1983, s. 2. 212. Explanation.-For the purposes of this section, "cruelty" means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

http://www.divorcelawyerindia.com/offences-relating-to-marriage.php

OFFENCES RELATING TO MARRIAGE RELEVANT PROVISIONS FROM INDIAN PENAL CODE, 1860

SECTIONS.10,27,46,304B,305,306,312,313,314,315,316,317,318,366,493,494,495, 496,497,498 and 498A.

S.10.- Man, Woman.- The word man denotes a male human being of any age, the word woman denotes a female human being of any age. S.27.- Property in possession of wife, clerk or servant.- When property is in the possession of a persons wife, clerk or servant, on account of that person, it is in that persons possession within the meaning of this Code. Explanation.- A person employed temporarily or on a particular occasion in the capacity of a clerks or servant, is a clerk or servant within the meaning of this section. S.46.- Death.- The word death denoted the death of a human being unless the contrary appears from the context. [S. 304.B.- Dowry death.- (1) Where the death of a woman is cause is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. Explanation.- For the purposes of this sub-section, dowry shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 0f 1961). (2) Whoever commits dowry death shall; be punished with imprisonment for a term which shall not be less than seven years but which may extent to imprisonment for life.] S.305.- Abetment of suicide of child or insane person.- If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. S.306.- Abetment of suicide.- If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. S.312.- Causing miscarriage.- Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving

the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine. Explanation.- A woman who causes herself to miscarry, is within the meaning of this section. S.313.- Causing miscarriage without womans consent.- Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. S.314.- Death caused by act done with intent to cause miscarriage.- Whoever, with intent to cause the miscarriage of woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; If act done without womans consent.- and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned. Explanation.- It is not essential to this offence that the offender should know that the act is likely to cause death. S.315.- Act done with intent to prevent child being born alive or to cause it to die after birth.- Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes i to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. S.316.- Causing death of quick unborn child by act amounting to culpable homicide.- Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. S.317.- Exposure and abandonment of child under twelve years, by parent or person having care of it.- Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a which may extend to seven years, or with fine, or with both. Explanation.- This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

S.318.- Concealment of birth by secret disposal of dead body.- Whoever, by security burying or otherwise disposing of the dead body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. S.366.- Kidnapping, abducting or inducing woman to compel her marriage, etc.Whoever kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extent to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. S.493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.- Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. S.494. Marrying again during lifetime of husband or wife.- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of wither description for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to nay person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. State Amendment- [Andhra Pradesh].- Punishment-imprisonment for 7 years and fine-cognizable-Non Bailable-Triable by 1st class-Magistrate-Non-Compoundable.- [Vide A.P.Act 3 of 1992, (w.e.f.15-2-1992).] S.495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.- Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

State Amendment- [Andhra Pradesh].- Punishment-imprisonment for 10 years and fine-cognizable-Non Bailable-Triable by 1st class-Magistrate-Non-Compoundable.- [Vide A.P.Act 3 of 1992, (w.e.f.15-2-1992).] S.496. Marriage ceremony fraudulently gone through without lawful marriage.Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. State Amendment- [Andhra Pradesh].- Punishment-imprisonment for 7 years and fine-cognizable-Non Bailable-Triable by 1st class-Magistrate-Non-Compoundable.- [Vide A.P.Act 3 of 1992, (w.e.f.15-2-1992).] S.497. Adultery.- Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence or rape, in guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. State Amendment- [Andhra Pradesh].- Punishment-imprisonment for 5years or fine, or both-Non cognizable-Non Bailable-Triable by 1st class-Magistrate-NonCompoundable.- [Vide A.P.Act 3 of 1992, (w.e.f.15-2-1992).] S. 498. Enticing or taking away or detaining with criminal intent a married woman.- Whoever takes or entices away any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. [CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSABND S.498-a. Husband or relative of husband of a woman subjecting her to cruelty.Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.- For the purposes of this section, cruelty means,(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable

security or is on account of failure by her or any person related to her to meet such demand.]

http://www.du.ac.in/fileadmin/DU/Academics/course_material/limits-content.pdf

The expression Sufficient Cause employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which sub-serves the ends of justice. What are the principles which are considered as the foundation of such a liberal approach? Discuss Giving reasons. (b) A judgement was pronounced by the court on 6-1-07 in favour of A and against X with a direction to A to make up the deficiency in the court fee upto 13-1-07. A deposited the court fee and the decree was drawn up on 13-1-07. Would X get the exclusion of time for obtaining the certified copy of the decree with effect from 13-1-07? Discuss with case law. 3. (a) Discuss the effect of Legal disability of the party entitled to sue, on the bar of limitation in the light of relevant provisions of the Limitation Act, 1963. (b) Explain the words time requisite in section 12(2) of the Limitation Act in the light of State of U.P. v. Maharaj Narain, AIR 1968 S.C. 960. 4. (a) X filed a suit against Y on 2-1-2001 for possession of agricultural land, in a Civil Court within the period of limitation of the three years. On 1-1-2005 the court dismissed the suit on the ground that land being revenue land, the Civil Court had no jurisdiction and the relief should be sought from the Revenue Court. X filed another suit in the Revenue Court within five days after the dismissal. Y raised an objection that the suit was time barred after the expiry of three years from the date of cause of action. Will Y succeed? Discuss the stand of Y. (b) Discuss the bar placed by S. 8 of the Limitation Act, on the operation of Ss. 6 and 7. What is the attitude of Courts in dealing with matters relating to condonation of delay in admitting appeals and applications? 3. (a) What are the types of legal disabilities covered under the Law of Limitation? What are the conditions precedent to limitation being extended on account of disability? X borrows Rs. 50,000 on the basis of pronote in January, 1990 from a firm of which A, B and C are partners. A is minor and B is insane. In 1995, A attains his majority and B regains his sanity and then within a year A, B and C file a suit against X for recovery of the debt. Is the suit maintainable? 4. (a) What is the true scope of the expression time requisite for obtaining a copy of the decree, sentence or order appealed from found in sub section 2 of section 12 of the Limitation Act, 1963? (b) In case of the judgment which is unconditioned by the requirement of any action by a party, the date of judgment will necessarily be the date of the decree Comment. The law of limitation is no doubt, the same for a private citizen as for governmental authorities. It would (however) be unfair to put government and private parties on same footing in all respect. Explain the above statement with respect to condonation of delay on sufficient cause under S.5 Limitation Act, 1963. 3. (a) F, Father of X and Y, alienated certain joint family property. X was major on the

date of alienation while Y was a minor. Xs Claim to set aside alienation became barred by limitation when he did not file suit within 12 years of the cause or action. Can X later take benefit of the coming of the majority of Y and file a suit with him? (b) X incurs a debt of Rs. 80,000 in the year 2000 from a firm of which A, B and C are partners. A becomes insane while B is a minor admitted regains sanity in 2003 and B becomes major in 2004 for recovery of debt. Is the suit maintainable? Decide giving reasons. 4. L and M are friends who started a business but it soon ran into losses. L took over the entire business on 1-5-2001. He borrowed a sum of Rs. 3 lacs from M on the same date and executed a promissory note. Later, L made two payments to M on 16-5-2002 and 21-2-2003. M filed a suit for recovery of balance amount against L on 20-1-2006. L files a written statement admitting the above two payments but prays to the court to dismiss the suit as it is time barred. Decide with relevant statutory provisions and case law.

http://hanumant.com/LimitationLegal%20Disability.html Q. Explain Legal Disability under Limitation Act, 1963. Who can get the benefit of legal disability? How legal disability effects on the period of limitation?
Statutes of limitations are designed to aid defendants. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit. Various events or circumstances will toll a statute of limitations. It is tolled when one of the parties is under a legal disabilitythe lack of legal capacity to do an actat the time the cause of action accrues. A child or a person with a mental illness is regarded as being incapable of initiating a legal action on her own behalf. Therefore, the time limit will be tolled until some fixed time after the disability has been removed. For example, once a child reaches the age of majority, the counting of time will be resumed. A personal disability that postpones the operation of the statute against an individual may be asserted only by that individual. If a party is under more than one disability, the statute of limitations does not begin to run until all the disabilities are removed. Once the statute

begins to run, it will not be suspended by the subsequent disability of any of the parties unless specified by statute. Mere ignorance of the existence of a cause of action generally does not toll the statute of limitations, particularly when the facts could have been learned by inquiry or diligence. In cases where a cause of action has been fraudulently concealed, the statute of limitations is tolled until the action is, or could have been, discovered through the exercise of due diligence. Ordinarily, silence or failure to disclose the existence of a cause of action does not toll the statute. The absence of the plaintiff or defendant from the jurisdiction does not suspend the running of the statute of limitations, unless the statute so provides. The statute of limitations for a debt or obligation may be tolled by either an unconditional promise to pay the debt or an acknowledgement of the debt. The time limitation on bringing a lawsuit to enforce payment of the debt is suspended until the time for payment established under the promise or Acknowledgment has arrived. Upon that due date, the period of limitations will start again. Section 6 Legal disability (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. (2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. (3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. (4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply. (5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died. Explanation.-For the purposes of this section, 'minor' includes a child in the womb.

Quries

http://yedhulaprakash1.lawyersclubindia.com/experts/Legal-disability-in-Limitation-Act-1963114926.asp