DR ANUPAM KUMAR MISHRA

  LAKSHMAN SAHU V. STATE OF ORISSA   Issue raised To appreciate the contention raised, it would be profitable to extract Section 59 of the Act in extenso:-- "59. Revision :-- (1) The prescribed authority may, on application by any party aggrieved by any order passed in an appeal under any provision of this Act filed within the prescribed period, revise such order. (2) The Board of Revenue may, at any time on being moved in that behalf by the Collector of a district or by the Land Reforms Commissioner, revise any order passed by any authority under this Act. (3) For the purposes of revising any order, the prescribed authority and the Board of Revenue shall follow such procedure as may be prescribed and shall have power to call for and examine the records of the proceedings wherein such order was passed and to pass such order as they deem fit: Provided that no order under this Section shall be passed without giving the parties concerned a reasonable opportunity of being heard."

  Gift under Transfer of property Act Section 122 to section 129 talks about the concept of gift under Transfer of property act 1882 Concept of gift The one who gives the gift is known as donor well the one who receives the gift is known as Donee . Here, the donor can gift any movable or immovable property.For example ,in case of movable property a person can gift car and in case of immovable property a person can gift A house.The essential of this concept is that thr Donee does not have to give any consideration to the donor while receiving any such property.Transfer of any movable or immovable property out of affection and voluntary act , The act should not be influenced, forced. Section 122 clearly mentions about existing movable or immovable property which means the property which can be gifted should be present and it cannot be dependent on a future or upcoming property.. In the case of Phulchand v. Lakhu The gift was made under influence and this was not valid There should be no

  In the year 1975 there is a new Court House at St. Albans with Air-conditioned. The Crown Court was sitting in the Court House for the trial of a case related to pornographic films & books. Stephen Balogh, a clerk employed by Solicitor for defence. The case dragged on & on as a result Stephen Balogh got exceedingly bored. Mr. Balogh devised a plan to release nitrous oxide (N2O) that gives an exhilarating effect when inhaled. N2O is also known as “laughing gas”. He steal half cylinder of N2O from the Hospital car parking. His plan is to put the cylinder at the inlet to the ventilating system & release the gas in the court that provide relief from the monotonous court proceeding.  While he was going up in the roof to put the cylinder in the ventilating system an officer witnessed him. Next morning officer cautiously monitoring Mr. Balogh & waiting for the right opportunity known what he is up to. Mr. Balogh bring a briefcase with him containing a cylinder of laughing ga

  Rape  As Weapon In India, the crime rate is increasing day by day, but India is suffering from rape as a problem.   In 2012 India has seen the worst rape case of all time,  it was one of the heinous crimes of the century.  After this case, laws related to rape got more strict and girls got the courage to lodge complaints. Rape is unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving legal consent because of minor status, mental illness, mental deficiency, etc. In the 20th century, the definition of rape was very different, in past, the definition was narrower and now a rapist can be an adult or a child. In recent times, the rape known as marital rape is increasing but in India, there are no laws related to similar cases of forced prostitution and sexual slavery are rising. Rape as a Weapon is a type of rape that is done by soldiers in wartime. It is used a

  State of West Bengal vs Shew Mangal Singh & Ors AIR 1980 Fact  On 11 th November, 1970 at around 10:00 pm deceased Ranjit and his brother Samir were sitting outside their house and suddenly 3 police vehicles having 15-20 officers stopped in front of their house and rushed towards them. Both of them started running towards their house and the police officers were chasing them, having revolvers in their hands. Bibhuti Chakraborty made a shot from point blank range on Ranjit and other officers were also constantly firing on both of them which injured Ranjit and were able to catch both of them. They were dragged and dumped into the car. Ranji and Samir both died before any medical assistance could be provided to them as they were injured due to the tussle at their house. Thereafter, Benoy brother of deceased was taken into custody, but was released on the bail. So, aggrieved by the decision of the police officers he filed a complaint in the court and the trial was initiated against

  REGISTRATION OF FIR WHEN POLICE REFUSE TO REGISTER: FACTS: Pawan Kumar is enjoying the exclusive peaceful possession of a commercial property for the last 2 years. However, there is some dispute over the property with his business partner Sunil Jha. Sunil Jha first approached civil court but later on withdrew the case as he apprehended that he may not prove his rights in the court for the reasons that the documents with him are not bona fide. Therefore, he approached the local police & there appear to be some deal with police with this. Police called Pawan Kumar to police station & asked him to vacate the premises & handover the keys to Sunil  Jha. Pawan Kumar refuse to do so. Police registered a false case under Arms Act by showing that Pawan Kumar was found to have illegal revolver & knife. Took him in custody & beaten him mercilessly. Pawan Kumar after having got bail in the matter, filed a complaint against the SHO & other concerned police officers. But no

                                 SHORT NOTE ON LEGAL OPINION FACTS: Jyoti is in matrimonial disharmony. She has lodged the complaint against her husband & in laws for cruelty under section 498A, which is a cognizable offence. But the police did not register the F.I.R.. ISSUE: Can police withhold F.I.R. for the preliminary enquiry. LEGAL ASPECT: Inquiry means every enquiry other than trial conducted under the Code of Criminal Procedure by a magistrate or Judge under Section 2 (1) (g) of Code of Criminal Procedure. The provision of inquiry by magistrate into cause of death, where: Any person dies or disappear Rape is alleged to have been committed on any women In the case of Manubhai Ratilal Patel V. State of Gujrat & others (2013) Supreme Court held that investigation by police is neither any inquiry not trial. The provision for investigation preliminary inquiry mentioned under section 157 of Code of Criminal Procedure, from the information received by the police In Charge of P

  Krishna Bhagwan vs. State of Bihar Facts: The appellant has been convicted u/Ss.302, 307 and 324 of the Penal Code by the Sessions Judge and has been sentenced to undergo imprisonment for life u/S.302, ten years u/S.307 and two years u/S. 324. The sentences have been directed to run concurrently. The appellant is alleged to have committed the offences in question on 8-3-1982. It appears that no plea was taken in the Court below that the appellant was a child within the meaning of the Bihar Children Ordinance Act on the date of the commission of the offence and as such he should not have been put on trial before the Sessions Judge. This plea was taken for the first time before this Court during the hearing of the appeal.  Issues:  Whether the provisions of the Bihar Children Act, 1982 shall be applicable even to a case where by the time the trial commences or concludes the accused ceases to be a child although when the offence was committed he was a child within the meaning of the Act