by Shivendra Pratap Singh | Jul 31, 2025 | Property Dispute Cases
How to protect the property of a lunatic brother? He is twenty-two years old and not able to understand anything. My father has died and my mother is a homemaker. There is agricultural land in my village and a house in the city. All these properties were devolved upon my mother, brother and me. Now I am going to join the service so my mother and brother will live in the village. You know that some cunning persons in our village may attempt to take undue advantage of my brother’s mental condition. However, he does not go out of the house but my mother cannot keep whole time watch on him. So I want to protect my property and also the interest of my brother.
Asked from: Uttar Pradesh
Your brother is of unsound mind; therefore, it is necessary to obtain a formal declaration from the competent court regarding his mental condition. You should initiate proceedings under the provisions of the Indian Lunacy Act, 1912.
As per Section 62 of the Indian Lunacy Act, 1912, the District Judge is empowered to conduct an inquisition upon receiving an application, in order to ascertain whether the person is of unsound mind and incapable of managing himself or his affairs. If the court is satisfied that the person is indeed of unsound mind, it may declare him a lunatic under law.
Following such a declaration, the court can proceed under Section 63 to appoint a guardian for the person and a manager for his property. As a real brother, you are legally eligible to file such an application and also to be appointed as guardian/manager. You should follow these steps to protect the property of your lunatic brother:
- Initiate proceedings before the District Judge under the Lunacy Act.
- Obtain a medical examination of your brother by a registered medical practitioner or psychiatrist. The medical report particularly concerning IQ level and mental capacity will significantly strengthen your case.
- After the court’s declaration, seek amendment of land records (Khatauni) by inserting a remark that the tenure-holder (your brother) is of unsound mind. This serves as a protective measure to prevent any fraudulent alienation of agricultural land.
Once appointed as the guardian/manager, you will have the legal authority to manage both the personal and property-related matters of your brother, thereby safeguarding his interests.
It is essential to follow this legal procedure in order to protect your brother’s welfare and prevent potential misuse or alienation of his property. Once the declaration and appointment are secured, you will be able to act in his best interest, both legally and administratively.
Related: Joint Hindu Family
by Shivendra Pratap Singh | Jul 7, 2025 | Property Dispute Cases
Landlord is not executing the sale deed of tenanted premises and filed a suit for eviction. He has taken 75% sale consideration in advance and extended the deadline for execution of sale on two occasions. His daughter’s marriage was fixed therefore, he wanted to extend the time for the execution of the sale deed. Actually the landlord demanded a 10% sale amount as an earnest money. When I paid that amount then again he contacted me and demanded some more sale consideration because he needed money for the marriage of his daughter. Then I transferred seventy lakh rupees in his bank account through NEFT. After getting seventy five percent of the sale amount he solemnised his daughter’s marriage.
After one month of marriage ceremony he served a notice to vacate the premises on the ground of non payment of rent for more than ten months. Actually it was decided that I will not pay rent after giving earnest money. Then I stopped paying rent. He is in contact with another buyer so he wanted to kick me out and go with him. He filed an eviction suit, in that suit I admitted that I have been his tenant since February 2016. On this very ground the court decided the case and totally overlooked that there is an agreement to sell and 75% sale consideration has been paid to the landlord.
Asked from: Gujarat
In the said civil suit, you should have filed a counterclaim seeking specific performance of the agreement to sell. The landlord had entered into an agreement to sell the tenanted premises and had already received approximately 75% of the sale consideration. Consequently, he became legally bound to execute the sale deed in your favour.
It appears that the trial court primarily based its judgment on the admission made by the defendant (tenant) in the written statement, wherein the tenant acknowledged his legal status as a tenant and failed to submit any proof of payment of rent for the past ten months. On this basis, the court invoked Order XII Rule 6 of the Code of Civil Procedure, 1908, which empowers the court to pronounce judgment based on admission.
While it is true that a court may decree a suit based on a clear admission made by the defendant, it is equally important to note that this provision is discretionary, not mandatory. The trial court is obligated to examine all relevant circumstances and ensure that justice is not denied merely due to procedural admissions.
In your case, there is sufficient documentary evidence to establish that:
- The landlord entered into an agreement to sell the tenanted property,
- He received 75% of the total sale consideration in advance, and
- He sought extensions for the execution of the sale deed on two separate occasions.
These facts strongly suggest that the current suit for eviction was filed with the intent to frustrate your legal rights as the proposed purchaser of the property and to circumvent the agreement to sell.
Therefore, you are advised to file an appeal challenging the judgment of the trial court. In the appeal, you should specifically raise the following grounds:
- That the trial court erroneously invoked Order XII Rule 6 CPC based solely on admission of tenancy status, without appreciating the existence of a binding agreement to sell.
- That the matter involved disputed questions of fact and required a full trial with evidentiary evaluation.
- That the judgment failed to consider the bonafide contractual rights arising out of the agreement to sell and was passed on misappreciation or non-consideration of material facts.
Given the facts and the legal position, the appeal has strong merit and a high probability of success, as the trial court appears to have improperly exercised discretion under Order XII Rule 6 CPC. The trial court has completely overlooked the fact that the landlord is not executing the sale deed of tenanted premises after receiving substantial part of consideration in advance from the tenant.
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by Shivendra Pratap Singh | Jul 6, 2025 | Criminal Matter
Can I amend the criminal complaint after cognisance? When the complaint was filed I had information about his nick name which is also fairly known in the vicinity. But after filing a complaint I came to know that there are two more persons in the village with the same name. In the complaint his father’s name, address and mobile number have been correctly mentioned. My advocate proposed an amendment application but the magistrate refused because the cognisance has been taken and a summon has also been issued. The accused moved to the high court for quashing the complaint on the basis that the name of the accused is wrong and he is not known by the name mentioned in the complaint. He also produced aadhar card and educational records to prove that the accused is some other person. The case is pending in the high court.
Asked from: Uttar Pradesh
The accused appears to be taking undue advantage of a discrepancy in the complaint, namely that it was filed using his nickname, which does not appear on his Aadhaar card or other official documents. He may raise the plea that other individuals in the village share the same name as mentioned in the complaint.
However, if the other essential identifying information in the complaint—such as parentage, residence, occupation, or other details—accurately pertains to the accused, then the mere use of a nickname does not constitute sufficient grounds for quashing the complaint. The question of identity, in such a case, becomes a matter of trial, where the complainant will have the opportunity to establish the identity of the accused, including his nickname.
With regard to amendment of the complaint, although the Code of Criminal Procedure (CrPC) does not specifically provide for amendment of complaints, the Hon’ble Supreme Court in S.R. Sukumar v. Sunaad Raghuram, (2015) 9 SCC 609, held that if the infirmity in the complaint is curable through a formal amendment and does not prejudice the accused, the amendment is permissible, even in the absence of an express enabling provision in the CrPC.
In your case, since all other particulars about the accused are correct and only his nickname has been used instead of his official name, the error is formal in nature and curable by amendment. Amending the complaint to include the accused’s official or legal name, while retaining the nickname (if necessary), would not cause any prejudice to the accused, especially when the identifying details match.
You may seek permission of the court to amend the complaint to reflect the real or official name of the accused. Since no prejudice will be caused to the accused, the court may allow such an amendment, even after cognisance has been taken. You can amend the criminal complaint after cognisance.
Related: Can magistrate cancel the bail in bailable offence
by Shivendra Pratap Singh | Jul 4, 2025 | Criminal Matter
Father lodged FIR for kidnapping whereas the daughter is major and married to her boyfriend with her free consent. I am studying in my first year of graduation and my age is twenty years. When my father came to know that I have solemnised marriage with my boyfriend who is twenty two years old and studying in my college, lodged an FIR against my husband. My mother told me about the said FIR and advised me not to return home. But the police officer has been continuously harassing my in-laws. My husband is residing in my nearby village however, his parents are living in city XX. My husband will be arrested for that offence. I am very afraid because the police officer is compelling my father in law to provide my husband’s mobile number.
Asked from: Uttar Pradesh
First of all, no offence of kidnapping is made out based on the facts of the case. When the child (victim) who has been kidnapped is a major, i.e., above eighteen years of age, the offence of kidnapping is not attracted, as the essential element of taking a minor away from the lawful guardianship is absent.
In State of Haryana vs. Bhajan Lal, the Hon’ble Supreme Court held that an FIR can be quashed under Article 226 or 482 of the Constitution/CrPC respectively, if the allegations are vague, bald, or do not disclose any prima facie offence. Hence, the said FIR is liable to be quashed.
You should file a writ petition before the High Court under Article 226 of the Constitution of India, seeking quashing of the FIR. For the offence of kidnapping to be made out under Section 361 IPC (Section 137 Bharatiya Nyaya Sanhita), the victim must be below 18 years of age and must have been taken or enticed away from lawful guardianship without consent.
When the alleged victim has attained the age of majority, no offence of kidnapping is said to have been committed. Your father has lodged a false FIR for kidnapping whereas his daughter is major.
You have solemnised marriage, therefore, you should also produce a valid marriage certificate. If the marriage was solemnised in a temple, you must produce evidence of essential ceremonies, especially saptapadi (seven steps around the sacred fire), if that is the prevailing custom in your community. A marriage solemnised without performing the essential ceremonies as per the customs of either party, renders their marriage invalid.
Therefore, you must produce evidence that the marriage was solemnised according to the prevailing rites and customs. If the High Court is satisfied, it may not only quash the FIR but also issue directions to the parents or complainants to refrain from interfering in your marital life.
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by Shivendra Pratap Singh | Jul 3, 2025 | Criminal Matter
Can magistrate cancel the bail in bailable offence under section 436 of the code of criminal procedure? A bail was granted by the magistrate under section 436 crpc but after two months he cancelled that bail. That bail has been cancelled on the basis that the accused is not cooperating in the investigation. The investigating officer moved an application to the magistrate under section 436 crpc for the cancellation of bail. My brother is cooperating in the investigation but the I.O. is trying to add additional sections and enhance the gravity of offence. He is managed by the compliant. There is no fault from my brother. I received an arrest warrant from the court and consulted an advocate who advised that bail cancellation is wrong. Court has no such power.
Asked from: Haryana
The Magistrate does not have the power under Section 436 of the Code of Criminal Procedure, 1973 (CrPC) or Section 478 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) to cancel bail granted in a bailable offence. In cases involving bailable offences, the grant of bail is a statutory right of the accused, and the Magistrate has no discretion to refuse it when the accused is ready and willing to furnish the required bail or surety.
If the Investigating Officer or the prosecution has sufficient grounds for seeking cancellation of bail, they must file an application under Section 439 CrPC or Section 483 BNSS, as only the Court of Sessions or the High Court is empowered to cancel bail—even in cases involving bailable offences. Therefore, any order passed by the Magistrate cancelling bail in a bailable offence is per se illegal and without jurisdiction.
You are advised to file a criminal revision petition either before the Sessions Court or the High Court under Section 397 CrPC or Section 438 BNSS, challenging the impugned cancellation order. The revisional court will have the authority to set aside the Magistrate’s order and restore the bail granted earlier, as per law. Magistrate can not cancel the bail in bailable offence.
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by Shivendra Pratap Singh | Jul 2, 2025 | Criminal Matter
Procedure of discharging surety in a criminal case if one of the sureties want to free from the obligation. My relative was given surety in my bail. A false criminal case was lodged against me by the neighbour. In that case the charge sheet was filed and I took bail from the court. In that bail my relative is jamanatdar and given surety. Now he is selected in government service and wants to release himself from such a liability. So kindly guide me on how to change surety?
Asked from: Uttar Pradesh
If a surety wishes to discharge himself from the liability undertaken for an accused, he must file an application before the court under Section 444 of the Code of Criminal Procedure, 1973 (CrPC) or under Section 489 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS).
It is important to understand that upon such an application being filed, the court is required to issue a warrant for the arrest of the accused. Once the accused is brought before the court or voluntarily surrenders, he must furnish a fresh surety and execute a new bond.
Mere appearance of the accused does not automatically discharge the existing surety. The surety will be discharged only upon substitution with another competent surety, along with a valid and sufficient surety bond.
If the accused fails to furnish a fresh surety on the date of appearance or surrender, the court is empowered to remand him to judicial custody until a suitable surety is provided.
Therefore, it is strongly advised that before initiating the application for discharge, you make prior arrangements for a substitute surety and ensure that the new surety is competent and willing to execute a valid bond. This precaution will help avoid any risk of the accused being taken into custody due to the absence of a substitute surety. Above is the procedure of discharging surety in criminal case.
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by Shivendra Pratap Singh | Jul 1, 2025 | Matrimonial Dispute
Can husband seek divorce if acquitted in 498A case? My wife filed a false criminal case against me and my parents. She used to make false allegations against me, claiming I had extramarital affairs. Whenever I objected to her conduct and suspicion about my character, she started a quarrel and left her matrimonial home. Our marriage was solemnized in 2017. Throughout these years, she frequently went to her parents’ home and lived there. I have a child who is six years old, but he also lives with his mother. My wife does not help with household chores and always prefers to live alone. She filed a false criminal case for demand of dowry and cruelty. That criminal case has been decided, and all accused have been acquitted. I took a separate house in the same city to keep her happy because she did not want to live in a joint family. My father advised her to live with us, stating that we would take care of our grandson and provide love and affection, but she outrightly refused. Now I want a divorce.
Asked from: Uttar Pradesh
The overall circumstances of your case suggest that your wife has subjected you to mental cruelty, which may constitute valid grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Your wife’s consistent refusal to live with you—not just separately from the joint family but even independently as a couple—demonstrates her reluctance to perform matrimonial obligations. Her habit of leaving the matrimonial home over trivial issues and returning to her parental home supports this conclusion. Such conduct indicates intentional neglect and emotional withdrawal, which amounts to mental cruelty in the eyes of law.
Her unwillingness to participate in household responsibilities further supports the allegation that she has failed to discharge her matrimonial duties. It is clarified that a wife is not a maidservant, and there is no legal obligation for her to perform all domestic chores. However, mutual cooperation in day-to-day life is expected in a marriage. Persistent non-cooperation without valid reason contributes to emotional strain and may be treated as cruelty.
Moreover, her decision to keep your child away from you, thereby depriving you of your parental rights and emotional bond with your son, adds significantly to your mental distress and reinforces the claim of mental cruelty.
As regards the criminal case filed against you, if the court has honourably acquitted you, and the allegations were found to be false, baseless, or malicious, such an acquittal may also amount to cruelty by the wife. However, if the court found prima facie evidence of cruelty or dowry demand but acquitted you on the ground of insufficient evidence to meet the threshold of “beyond reasonable doubt,” then such an acquittal may not necessarily support a claim of cruelty.
Hence, it is essential to analyse the findings and reasoning recorded in the judgment of acquittal to assess its implications on your divorce case. If acquittal is based upon benefit of doubt then husband cannot seek divorce however acquitted in 498A case
Based on the collective circumstances—including abandonment, refusal to cohabit, non-performance of matrimonial duties, alienation of the child, and possibly false criminal allegations—you appear to have strong grounds to seek divorce on the basis of mental cruelty. The probability of success in your divorce petition is high, provided the facts are clearly pleaded and supported by evidence.
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by Shivendra Pratap Singh | Jun 27, 2025 | Criminal Matter
Can I lodge a complaint against the managing director and chairman of the company in a cheque bounce case? The managing director and chairman have issued a cheque after settlement of dues. I have huge financial dues upon the company. In order to settle the outstanding the company organised a meeting. In that meeting the managing director and chairman of the company agreed to pay dues in three equal installments. In the first installment the company will pay 25% dues and the rest of the dues will pay in two installments as 35% & 40% respectively. I received a check for the first installment. When I deposited that cheque for encashment it had bounced. A demand notice was sent but it is unanswered. Now I am going to lodge a complaint under section 138 NI Act. I want to know whether I can lodge that complaint against the managing director and chairman also.
Asked from: Delhi
The Managing Director is ordinarily vicariously liable for offences committed by the company under Section 138 of the Negotiable Instruments Act, 1881, as he is presumed to be in charge of, and responsible for, the conduct of the business of the company.
As far as the Chairman is concerned, his liability under Section 138 NI Act depends on his involvement in the day-to-day affairs of the company. If both the Managing Director and the Chairman are jointly responsible for the company’s daily operations, or if the cheque in question bears the signatures of both, then both can be held liable under Section 138.
However, if the Chairman neither signed the cheque nor had any role in the company’s financial management or issuance of the cheque, he cannot be made an accused under Section 138 NI Act merely by virtue of his designation.
In such a scenario, if there is independent evidence indicating that the Chairman induced the complainant to part with money or goods through fraudulent representations, a case for cheating under Section 318 of the BNS may be made out. For initiating proceedings for the offence of cheating, it is not necessary to file a separate complaint. You may array the Chairman as an accused in the same complaint, but only in respect of the offence of cheating, provided the facts support such an allegation.
Accordingly, you are advised to file a single complaint against both persons—against the Managing Director for the offence of dishonour of cheque under Section 138 NI Act as well as cheating, and against the Chairman for the offence of cheating, if the facts and evidence support such a charge.
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by Shivendra Pratap Singh | Jun 27, 2025 | Criminal Matter
Magistrate issued a summon without giving appropriate reason thereof. I have received a summon from the court for the offence of section 323/504/506 IPC. No reason and finding of the court has been mentioned in that summons. In this condition I can say that the court has issued a process without application of mind. My friend says that I can challenge the process before the high court. I contacted an advocate of the High Court and he advised that the issue of process cannot be challenged on the ground of not stating reason. Please suggest.
Asked from: Uttar Pradesh
It is well settled that it is not mandatory for the Magistrate to pass a detailed reasoned order under Section 204 of the Code of Criminal Procedure, 1973, at the stage of issuing process. This principle has been clearly laid down by the Hon’ble Supreme Court in Kanti Bhadra Shah v. State of West Bengal, (2000) 1 SCC 722.
At the stage of issuance of process, the Magistrate is not required to record reasons or make detailed findings. If the Magistrate is satisfied that there exists sufficient ground to proceed against the accused, he may issue process, whether in the form of a summons or a warrant.
Once the complainant succeeds in establishing that a prima facie case exists against the accused, the court may take cognizance of the offence and issue process accordingly. At this stage, the court is expected to consider:
- The form and contents of the complaint,
- The statements of the complainant and witnesses, and
- The evidence adduced in support of the allegations.
If these materials, taken as a whole, prima facie disclose the commission of an offence, the Magistrate is bound to issue process and summon the accused to face trial.
However, the issue of process may be challenged on certain limited grounds, such as:
- That no offence is made out on the basis of the evidence adduced,
- That no prima facie case exists against the accused, or
- That the Magistrate has issued process without proper application of mind or without considering the materials on record.
Importantly, the summoning order cannot be challenged merely on the ground that the Magistrate has not recorded reasons, or that the order lacks detailed findings regarding cognizance. The law does not mandate the Magistrate to elaborate on these aspects at the stage of process issuance under Section 204 CrPC. Magistrate issued a summon without giving appropriate reason is in consonance of the provision of crpc.
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by Shivendra Pratap Singh | Jun 27, 2025 | Criminal Matter
Can I lodge a complaint against a person to whom an FIR was lodged for another offence in 2021. I lodged a first information report against a person who was my employee. He was deputed to clear all goods imported from the United States of America. My company is doing business in electronic goods assembled in the USA. That employee was indulged in false trade and mixed huge goods made in China. When that employee came to the company’s knowledge immediately an FIR was lodged against him. That case is pending. Recently I came to know that he had manipulated the balance sheets of the company and made several false entries. He had manipulated the funds of the company and utilized it to establish his own company in China. I wanted to lodge a fresh complaint against him but my advocate says that there should not be more than one FIR in the same offence or the offence committed in the same transaction.
Asked from: Tamil Nadu
The employee in question has committed the offence of dishonest misappropriation of property during the period of his employment under you. You have already initiated a criminal case for the offence of cheating, which is a separate and distinct offence and bears no direct connection with the offence of misappropriation, except for the fact that both were committed while he was in your service.
In light of this, you are legally entitled to lodge a fresh complaint in respect of the offence of dishonest misappropriation of property. It is a settled legal principle that when a person commits multiple offences in the course of the same transaction or within a period of one year, he may be charged with and tried for all such offences jointly, provided those offences have been alleged in the same complaint or FIR.
However, this principle does not apply when the offences were not known or disclosed at the time of the original complaint. In your case, the offence of misappropriation came to your knowledge only recently, approximately four years after the earlier FIR was lodged. Since the two offences are distinct in nature and not part of the same complaint, you are well within your rights to initiate a separate criminal proceeding.
While filing the new complaint, it is essential that you explain the delay in lodging it. You should specifically mention in your complaint that you became aware of the said offence only recently, and provide any relevant circumstances or documentation that supports this assertion.
This explanation will help satisfy the court that the delay was reasonable and justified, and that you acted promptly upon discovering the offence. Therefore, you can lodge a complaint against a person to whom an FIR was lodged for another offence.
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