Vivek's legal notes

 https://main.sci.gov.in/pdf/ListingNotice/20042021_134625.pdf  According to this circular , Pg 2, Pt 12, Matters pertaining to custody of child are urgent matters

Judgment Name : YASHITA SAHU Vs STATE OF RAJASTHAN & ORS  Citation Code :   (2020) 3 SCC 67 Judgment link :  https://main.sci.gov.in/supremecourt/2019/28083/28083_2019_15_1501_19699_Judgement_20-Jan-2020.pdf Court : Supreme Court of India Case Type : CRIMINAL APPEAL NO.  127 OF 2020 (@ SPECIAL LEAVE PETITION (CRL) NO. 7390 OF 2019) Judge : Hon'ble Justice Sh. Deepak Gupta  (author of judgment) Hon'ble Justice Sh. Aniruddha Bose Summary: This judgment talks about  1) Court treats the child as "human" which is shocking (sarcasm :|) and talks about the human rights of a child to get love and affection from both Parent. It talks about the rights of a parent as well as the rights of a child to get "s ufficient visitation rights" . 2) If any court denies the visitation to a parent, a strong reason should also be assigned and can be justified only unde...

 In a famous PnH HC judgment, Roop Lal & Ors Vs Manpreet Kaur, this matter was looked in detail by Hon'ble Justice Fatte Deep Singh and judgment passed on 5th Nov 2019. In the matter, 14 different quash applications under 482 were combined and dismissed with the reason that power under 482 are to be sparingly used and respondents can run to HC after passing of some judicial order. The mere 'application' by the 'abla nari' and phone calls from the Protection Officer should not worry the husbands.  Observations by the court: 1. This legislation has remained in oblivion and indifferent to the Domestic Violence instances concerning men in domestic relationship and thus falls short of constitutional obligation as enshrined under Articles 14 and 15 of the Constitution and violates Legal Egalitarianism as well as Article 7 of Universal Declaration of Human Rights. 2. The (DV) Act has tried to concretely deal with the problems of domestic violence from feminist perspect...

 What is DIR - Domestic Incident Report? Wife alleges in DV that husband and family beats me, harasses me etc. Sometimes she files the case after 1, 2 or 3 years after staying away from the husband. In such case, wife has burden to prove the delay. Also, wife tries to rope in distant relatives of the husband which is incorrect as wife should have domestic relationship with all the respondents. Without any evidence, without any medical proof, based on only imaginary allegations of the wife, DV case is often registered against the husband. To solve this problem, DIR provision exists in the law. DIR needs to be prepared by the Protection officer. DIR needs to presented before the magistrate before the start of the case. According to the law, magistrate need to first obtain the DIR report and only then, based on this report, the magistrate can pass any order.  What is seen is that in most of the cases, PO do not perform any investigation. PO does not even talk to husband or any ot...

In SB Vakil vs Suo moto gujarat judge, Cell phone rings of a senior advocate and there's ego clashes between the advocate and judge resulting in judge issuing contempt of court case which gets dismissed later. Key ingredients needed for contempt of court notice are discussed in this judgment: Link:  https://www.casemine.com/judgement/in/56e66aa1607dba6b53436831 Carrying cell phones was allowed by SC for journalists but not for others. They consider it contempt of court if mobile phone rings in court room. Link: https://lawcorner.in/is-carrying-cell-phone-inside-courtroom-allowed/#Supreme_Court_Judgment

To LLB or not to LLB. To spend or not to spend. To worry or not to worry. To study and do study. To learn and do learn. To fight and do fight. Study material  Download LLB Study Material & Notes for 1st Year, 2nd Year, 3rd Year in Pdf Download Links Indian Legal System Download Principles of Contract Law Download Law of Torts Download Family Law Download Constitution  Law Download Labour Law Download Partnership case law Download Taxation Case Law Download International Law Download Evidence Law Download Property Law Download Limitation Case Law Download Study material on PROFESSIONAL PROGRAMMEDRAFTING, PLEADINGSAND APPEARANCES for Company Secretary (500 pages long containing some draft petitions and theory on art of advocacy etc) Textbooks: Avtar Singh, Law of Contracts Pollock & Mulla, Indian Contract Act Seervai H.M. Constitutional Law of India, Bombay: N. M. Tripathi Pvt. Ltd., 1996, 3vols Shukla V.N., Constitution of India, Lucknow: Eastern Book Co., 1995, 9th Ed....

 1. Case in SC. Father brought son from UK/US to India. US courts in favor of mother. SC in favor of father. https://indiankanoon.org/doc/69261674/ Father got custody: Ms. Binu Tamta (AOR),  Mr.   Braj Nath Patel, Ms.   Sweta, Ms.   Romila, [Father's VS Wife's advocates: Mr. N.S. Dalal Mr. D. P. Singh, Mr. R. C. Kaushik, AOR 2. List of senior SC advocates https://legalaffairs.gov.in/sites/default/files/report-supAnew_0.pdf 3. Father is not given custody cause child is not comfortable in his presence. Even though wife is died, the maternal gang has completely brainwashed the child and court ignores PAS. This case has several judgments referred which repeatedly insists on "welfare of the child" https://indiankanoon.org/doc/149080090/ 4. Mr. Vivek Luthra, Advocate 5. https://indiankanoon.org/doc/25930872/ Mother got one week child custody. Daughter is 12 yr old but has grandmother as female companion and she used to sleep with grandmother. Daughter ...