Shalu Gupta Advocate

04/09/2022

Shalu gupta advocate # first women mentor in bankshall court history

মেট্রোপলিটন মেজিস্ট্রেট টেনিস ক্লাবের উদ্যোগে ফুটবল প্রতিযোগীতার আয়োজন #বাংলাতাজাখবর #বাংলাখব....

02/09/2022

https://youtu.be/OxEfIitSi8c

মেট্রোপলিটন মেজিস্ট্রেট টেনিস ক্লাবের উদ্যোগে ফুটবল প্রতিযোগীতার আয়োজন #বাংলাতাজাখবর #বাংলাখব....

01/09/2022

https://www.livelaw.in/top-stories/supreme-court-electricity-basic-amenity-landlord-tenant-no-objection-certificate-dilipd-vs-satish-2022-livelaw-sc-570-203233

The Supreme Court observed that electricity is a basic amenity of which a person cannot be deprived. "Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to...

28/07/2022

scam se bacho

10/04/2022

https://www.livelaw.in/top-stories/cheque-bounce-cases-trial-section-138-ni-act-cases-expedite-supreme-court-seeks-status-report-from-high-courts-195472

The Supreme Court on Thursday directed Registrar Generals of all High Courts to file a status report regarding compliance of directions issued by it to expedite the trial of cheque dishonour cases...

13/09/2021

https://www.livelaw.in/news-updates/bombay-hc-hindu-succession-act-remarried-widows-right-to-husbands-property-181365

The Nagpur bench of the Bombay High Court has held that a re-married widow has a right to her

19/06/2021

*Name plate outside a civil lawyer's house:*

*Where there is will, there is property;*
*Where there is property, there is dispute;*
*Where there is dispute, there is litigation;*
*Where there is litigation, there is lawyer.*

*And the lawyer is here.* *Just walk in.*

06/02/2021

⭐ *Limitation Period:*

1. The time for filing first appeal in civil cases is 30 days.

2. The time for filing second appeal in civil cases is 60 days.

3. The time for filing civil revision is 90 days.

4. Limitation period of appeal in capital punishment, 7 days.

5. Limitation period of appeal From Magistrate to Sessions Court, 30 days.

6. Limitation period of appeal From Sessions Court to High Court, 60 days.

7. Limitation period of appeal From High Court to Supreme Court, 30 days.

8. Limitation period of appeal From High Court to Supreme Court in special Leave to
Appeal, 30 days.

9. Limitation period of appeal From Magistrate to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.

10. Limitation period of appeal From Sessions Court to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.

11. Limitation period of appeal From High Court when case decide by it in its original
jurisdiction and to Division Bench than 20 days in acquittal or conviction as the case
may.

12. Plaintiff has a time of 6 years to file ex*****on.

13. Limitation in civil suits is 3 years from the cause of action.

14. Article 150. Appeal from death sentence to High Court-7 days.

15. Article 151. High Court order on original side-appeal-20 days.

16. Article 154. Appeal to any Court other than High Court-30 days.

17. Article 155. Criminal appeal to High Court-60 days.

18. Article 157. Appeal from acquittal by State-6 months.

15/06/2020

*_Lease is defined under section 105 of Transfer of property Act 1882 & Licence is defined under section 52 of the India Easements Act 1882._*

  It is important to note that there is no acid-test for diffentiate lease from licence. But, intention of the parties to transaction and the nature of possession (i.e., whether exclusive or not) is a determining factor. Where the transferee is entitled to have exclusive possession, it is lease. Bu...

11/05/2020

https://www.lawweb.in/2016/07/whether-bail-granted-to-accused-can-be.html?m=1

Further, there is no automatic cancellation of bail. Granting bail is different from cancelling the bail. Because both are based on di...

21/04/2020

🔸 IMPORTANT LEGAL MAXIMS 🔸

✍️1.Ubi jus ibi remedium – Where there is a right, there is a remedy.

✍️2.Volenti non fit injuria – Damage suffered by consent gives no cause of action.

✍️3.Alibi – At another place, elsewhere

✍️4.Audi alteram partem – No man shall be condemned unheard.

✍️5.Locus standi – Right of a party to an action to appear and be heard by the court and be heard by the court

✍️6.Ratio decidendi – Principle or reason underlying a court judgement.

✍️7.Nemo debet esse judex in propria causa – Nobody can be judge in his own case.

✍️8.Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.

✍️9.Actionable per se – The very act is punishable and no proof of damage is required

✍️10.Quo warranto – By what authority. A writ calling upon one to show under what authority he holds or claims a public office

✍️11.Mandamus – ‘We command’. A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty

✍️12.Estoppel – Prevented from denying.

✍️13.Ex parte – Proceedings in the absence of the other party.

✍️14.Ex gratia – As a favour.

✍️15.Ex officio – Because of an office held.

✍️16.Justitia nemini neganda est – Justice is to be denied to nobody.

✍️17.Lex non a rege est violanda – The law must not be violated even by the king.

✍️18.Amicus Curiae – A friend of court or member of the Bar who is appointed to assist the Court

✍️19.Mala fide – In bad faith.

✍️20.Mens rea – Guilty mind.

✍️21.Modus operandi – Way of working.

✍️22.Modus Vivendi – Way of living.

✍️23.Fatum – Beyond human foresight.

✍️24.Detinue – Tort of wrongfully holding goods which belong to someone else.

✍️25.Assentio mentium – The meeting of minds, i.e mutual assents

✍️26.Nolle prosequi – a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.

✍️27.Novation – Transaction in which a new contact is agreed by all parties to replace an existing contract.

✍️28.Doli incapax – Incapable of crime

✍️29.Res ipsa loquitor – The thing speaks for itself.

✍️30.Rex non protest peccare – The king can do no wrong.

✍️31.Salus populi est suprema lex – The welfare of the is the supreme law.

✍️32.Status quo – State of things as they are now.

✍️33.Sine die – “with no day”(indefinitely).

✍️34.Sine qua non – “without which nothing”. An essential condition; a thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.

✍️35.Denatio mortis causa – Gift because of death.

✍️36.Vis major – Act of God.

✍️37.Ad hoc – For the particular end or case at hand.

✍️28.Misnomer – A wrong or inaccurate name or term.

✍️39.Veto – Ban or order not to allow something to become law, even if it has been passed by a parliament.

✍️40.Vice versa – Reverse position.

23/03/2020

Following are the IPC Sections that an individual can be booked under, who do not comply with the law / regulatory orders related to curb COVID-19 (nCOV19)

*1. Sec 188 IPC:* Violation of order promulgated by the Government.
Cognizable, Bailable.

*2. Sec.269 IPC*
Negligently doing any act known to be likely to spread infection of any disease dangerous to life.
Imprisonment for 6 months or fine, or both.
Cognizable, Bailable.

*3. Sec 270 IPC*
Malignantly doing any act known to be likely to spread infection of any disease dangerous to life.
Imprisonment for 2 years, or fine, or both.
Cognizable, Bailable.

*4. Sec.271 IPC*
Knowingly disobeying any quarantine rule.
Imprisonment for 6 months, or fine, or both.
Non-cognizable.