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CAN IMPOTENCY BE A GROUND FOR DIVORCE


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Impotency can not be a ground for divorce.  However, impotency can be a ground for declaring marriage null and void.

When Court may alter charges ?


Section 216 in The Code Of Criminal Procedure, 1973

216. Court may alter charge.

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Parameters of Ultra Vires


A piece of Legislation is said to be ultra vires, when it contains provision beyond the scope and object of its parent legislation.

Ultra vires is a Latin phrase meaning literally “beyond the powers”, although its standard legal translation and substitute is “beyond power”. If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires(literally “within the powers”; standard legal translation and substitute, “within power”). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed “valid” and those that are ultra vires “invalid”.  https://en.wikipedia.org/wiki/Ultra_vires

LIVE IN RELATIONSHIP – WHETHER ANY LEGALLY ENFORCEABLE RIGHT EXISTS THERE


Dear friends one of my frnd have question…

AGAR EK LADKA EK LADKI DONO MUTUALLY HUSBAND WIFE MANTE HO.

ladki sms me bhi ladke ko apna husband accept kar liya ho.

unke bich physical relation bhi rahe ho.

aur mandir me shadi kar liya.

Par baad me family force se badal jati ho to kya ladka court me writ kar sakta ha?

ANTICIPATORY BAIL


Criminal Procedure Code – Section 438

Presumption of innocence of an accused until he is found guilty is well settled legal proposition.

AIR 2011 SC 312

Bail – anticipatory bail


 In serious matter of allegations of cheating and forgery, Supreme Court allowed 3rd application for bail as the allegations were purely of civil nature.  Personal liberty of an individual is also to be kept in mind.

AIR 2011 SC 312 – Siddharam Satlingappa Mhetre Vs State of Maharashtra