Kanoon Desk

  What Legal Remedies May Be Available When Economic Abuse Is Alleged in a Domestic Relationship? Economic abuse can be an important part of a domestic violence complaint. It may arise where a woman is deprived of financial resources, prevented from accessing money or property, or faces conduct that affects her ability to meet reasonable living expenses. Under the Protection of Women from Domestic Violence Act, 2005 , “economic abuse” is expressly included within the statutory definition of domestic violence. The Act recognises conduct such as deprivation of financial resources, disposal or restriction of access to property in which the aggrieved person has an interest, and restrictions on access to resources required for household necessities, subject to the statutory definition.  What legal relief may be available? A woman alleging economic abuse may approach the Magistrate under Section 12 of the Domestic Violence Act and seek one or more appropriate remedies.  Depen...

  Can a Parent Seek Interim Visitation Rights While a Custody Case Is Pending? Yes. A parent can generally ask the court for interim visitation rights while a child custody case is still pending. Such an arrangement is temporary and is intended to address the child’s contact with the parent until the court makes a final determination regarding custody. Under Section 12 of the Guardians and Wards Act , 1890 , the court has power to make interlocutory orders concerning the temporary custody and protection of a minor. This provision can be relevant when a court is considering temporary arrangements during pending guardianship or custody proceedings.  What can interim visitation include? Visitation does not necessarily mean transferring custody of the child to the other parent. Depending on the circumstances, a court may consider arrangements such as: meeting the child on specified days; spending a specified number of hours with the child; visitation at a neutral or court-approve...

  What Happens If a Prosecution Witness Does Not Support the Prosecution Case? A criminal trial does not automatically fail merely because a prosecution witness gives evidence that is different from the prosecution's expected version. Similarly, a witness who does not fully support the prosecution case does not automatically become useless to the court. Such a witness may be described as a hostile witness when the court permits the party calling the witness to cross-examine them. However, the important question is what part of the witness's testimony remains reliable after the court examines the evidence as a whole. Does a hostile witness's entire evidence become useless? No. The Supreme Court has repeatedly held that the testimony of a witness who is declared hostile is not automatically erased from the record . The court can examine the evidence carefully and rely upon portions that are found trustworthy and supported by other evidence. This means that a prosecution witn...

  Can a Witness Be Recalled for Further Cross-Examination in a Criminal Trial? A witness may sometimes need to be recalled after their evidence has already been recorded. This can happen when an important question was inadvertently left out, a relevant issue subsequently emerges, or further cross-examination becomes necessary for a fair determination of the case. Under the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , the court has statutory power to recall a witness for further examination in appropriate circumstances. In a Sessions trial, Section 254(3) expressly permits the Judge to recall a witness for further cross-examination.  Is further cross-examination automatically allowed? No. A witness recall application is not something that should be granted merely because a party wants another opportunity to question the witness. The court generally considers whether the proposed further examination is genuinely necessary for a just decision of the case. The Supreme Court...

  What Happens When an Accused Violates a Bail Condition in India? Being released on bail comes with an important responsibility: the accused must comply with the conditions imposed by the court. These conditions may relate to appearing before the court, cooperating with the investigation, not influencing witnesses, not tampering with evidence, not leaving the country without permission, or following other directions specifically included in the bail order. A violation of bail conditions does not necessarily have the same consequence in every case. The nature of the breach, the wording of the bail order, the surrounding circumstances and the explanation offered by the accused can all become relevant. What can happen after an alleged breach? If the prosecution alleges that the accused has breached a bail condition, it may seek appropriate relief from the competent court, including cancellation of bail . The Supreme Court has recently passed bail orders expressly providing that brea...

  Can Bail Conditions Be Modified After Bail Has Already Been Granted in India? Getting bail does not always mean that every condition attached to the bail order will remain practical in every situation. If an accused is unable to comply with a particular condition because of changed circumstances or genuine practical difficulties, the person may seek appropriate modification, relaxation or setting aside of that condition, depending on the court and the nature of the order. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , Section 483 specifically empowers the High Court or Court of Session to direct that a condition imposed by a Magistrate while granting bail be set aside or modified .  When can modification of bail conditions be requested? A request for changing bail conditions may arise in situations such as: a condition has become practically difficult to comply with; there has been a genuine change in circumstances; the accused is required to travel for employm...

  Can an Accused Obtain Certified Copies of Orders Passed in a Criminal Case? Yes. An accused can generally seek certified copies of orders passed in a criminal case . An official copy may be required to understand the court’s directions, comply with an order, challenge it before a higher court, prepare a bail or revision application, or maintain an accurate record of the proceedings. The exact procedure can vary according to the court and applicable copying rules, but the basic process is usually straightforward. What is a certified copy? A certified copy is an officially authenticated copy issued through the court’s prescribed copying mechanism. It is different from simply downloading an order from the internet. The eCourts system allows users to search criminal cases and view available case history and orders. Cases can be searched using details such as the case number, party name, filing number or FIR number.  Where a formal certified copy is required, the appropriate copy...

  Can a Spouse Challenge a Divorce Decree Passed Without Their Participation? Yes. A spouse against whom an ex parte divorce decree has been passed may have legal remedies, but the appropriate remedy depends on how the matrimonial case proceeded, whether summons were properly served, why the spouse did not appear, and whether the decree has already been challenged in appeal. An ex parte decree does not mean that the absent spouse has no legal remedy. However, the person should examine the court record and the dates carefully before deciding which proceeding is appropriate. What is an ex parte divorce decree? A divorce case may proceed ex parte when one spouse, despite being given an opportunity to participate, does not appear or otherwise fails to contest the proceedings. The court may then proceed with the petitioner's evidence and decide the matrimonial case in the absence of the other spouse. The important question is why the spouse did not participate . For example, the situat...

  What Is the Procedure for Seeking Cancellation of a Non-Bailable Warrant? A Non-Bailable Warrant (NBW) is a serious court process used to secure the appearance of an accused before the court. If an NBW has been issued because of non-appearance, the accused should not simply ignore it. The appropriate course generally involves approaching the court that issued the warrant and seeking its recall or cancellation. Under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , a warrant remains in force until it is either executed or cancelled by the court that issued it.  How can an NBW be cancelled or recalled? The accused can generally move an appropriate application before the court that issued the NBW, seeking recall/cancellation of the warrant under Section 72(2) BNSS . The application should explain the circumstances that resulted in non-appearance. Depending on the facts, the explanation may relate to circumstances such as illness, lack of proper informat...

What Should You Do If Someone Threatens You Through Repeated Phone Calls? Repeated threatening phone calls can be more than an annoyance, particularly when the caller threatens physical harm, damage to property, disclosure of private information, or other consequences intended to frighten or pressure you. The appropriate legal response depends on what was threatened, the identity of the caller, the surrounding circumstances and the available evidence . Under the Bharatiya Nyaya Sanhita , 2023 (BNS) , criminal intimidation is dealt with under Section 351. A threat may fall within criminal intimidation where it is made with the required intention to cause alarm or to make a person do something they are not legally bound to do, or refrain from something they are legally entitled to do. The provision also addresses threats made through anonymous communications.  Preserve the evidence first If threatening calls continue, avoid deleting or losing information that may help establish the p...

  Can a Court Allow Amendment of Pleadings After Evidence Has Started? A civil case does not always proceed exactly as originally pleaded. Sometimes, during the course of litigation, a party discovers that an important fact was omitted, a necessary clarification is required, or an existing pleading needs modification. This raises an important question: can pleadings be amended after the trial or evidence has already started? The answer is yes, but the conditions become stricter once the trial has commenced . Under Order VI Rule 17 of the Code of Civil Procedure , 1908 (CPC) , the court may allow a party to alter or amend its pleadings at any stage if the amendment is necessary for determining the real questions in controversy between the parties. However, the proviso to the rule creates an important restriction after commencement of trial.  What changes after the trial begins? Once the trial has commenced, the party seeking amendment has to satisfy the court that despite due d...

  Can a Person Approach a Magistrate When the Police Do Not Properly Act on a Complaint? You have submitted a police complaint, but no effective action appears to have been taken. Perhaps an FIR has not been registered, the complaint has not been properly investigated, or you believe the police have not adequately addressed the information provided. In such circumstances, approaching a Magistrate may be a legal procedural option , depending on the nature of the complaint and the circumstances. Under the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , which governs criminal procedure, specific provisions deal with police investigation and the role of the Magistrate. Section 173 addresses information relating to cognizable offences, while Section 175(3) permits an empowered Magistrate, after considering an application supported by an affidavit and making such inquiry as considered necessary, to order an investigation.  What can be done when the police do not act? Where inform...

  Can a Plaintiff Withdraw a Civil Suit After Filing It? Filed a civil suit but later realised that continuing the case may not be appropriate? A plaintiff can, in many circumstances, withdraw a civil suit after it has been instituted. However, the manner in which the suit is withdrawn is important , particularly if the plaintiff may need to approach the court again regarding the same subject matter. Under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) , a plaintiff may abandon the suit or abandon part of the claim after institution. The provision also deals with withdrawal where the plaintiff seeks liberty to file a fresh suit.  What happens if the plaintiff simply withdraws the suit? If a plaintiff withdraws or abandons the suit without seeking permission to file a fresh case on the same subject matter, the withdrawal can have important consequences. The Supreme Court has explained that a plaintiff generally has the right to withdraw a suit, although the court...

  What Happens When a Defendant Does Not File a Written Statement Within the Prescribed Time? In a civil suit, the written statement is the defendant’s principal pleading setting out the defence to the plaintiff’s case. If a defendant does not file it within the prescribed period, the delay can have important procedural consequences. However, the exact consequence depends on the type of suit, the applicable procedural provisions and the stage of the proceedings. What is the normal time for filing a written statement? Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) , a defendant is ordinarily required to file the written statement within 30 days from service of summons . The provision permits the court, for reasons recorded in writing and subject to costs, to allow filing beyond 30 days, but the statutory framework differs for ordinary civil suits and commercial disputes.  This distinction is particularly important in commercial suits . What happens in a com...

  Can a Civil Court Grant an Injunction Against Construction on Disputed Property? When a property dispute is already pending—or when a neighbour, co-owner or opposite party starts construction on land whose ownership or possession is disputed—a common question is whether a civil court can stop the construction . The answer is yes, a civil court can grant temporary or interim injunctive relief in appropriate circumstances , but the applicant must satisfy the legal requirements for such relief. When can an injunction against construction be sought? Under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure , 1908, a court may grant a temporary injunction in appropriate cases to prevent acts that may cause injury to property in dispute, including wasting, damaging, alienating or otherwise causing injury to the property.  Therefore, if construction is being carried out on disputed property and continuing it could alter the property or create complications before the dispute i...

  How Can You Verify Whether a Property Is Recorded in the Seller’s Name in India? Planning to buy a property? Before paying a substantial advance or signing a sale agreement, one of the basic questions to answer is: Is the seller actually recorded as the owner or rights-holder of the property? A proper property title verification should not depend only on what the seller tells you. The seller’s name, property description, title documents and government records should be carefully compared. Start with the seller’s title document Ask the seller for the document through which they claim ownership—such as a registered sale deed, conveyance deed, gift deed, partition deed, inheritance-related document or another legally relevant instrument. Check whether the seller’s name, property number, survey/khasra number, area, boundaries and other identifying details match the property being offered for sale. Under the Registration Act, 1908, certain instruments creating, declaring, assigning, ...

  What Can You Do If a Neighbour Constructs a Wall Beyond the Actual Property Boundary? A boundary dispute can become serious when a neighbour constructs a wall, gate, room or other structure that appears to extend into your property. Before taking action, however, it is important to establish where the legally recognised property boundary actually lies . A difference between what appears to be the boundary on the ground and what is recorded in title or revenue documents can lead to complicated disputes. First establish the actual boundary Do not rely only on an old wall, fence, verbal understanding or the neighbour's statement. Collect and compare documents such as: Sale deed or conveyance deed Previous title documents Site plan or sanctioned plan, where applicable Revenue records and relevant khasra/property records Mutation documents Property tax records Earlier survey or demarcation reports Photographs and videos showing the construction Where the boundary is disputed, an offic...

  Can a Property Owner Revoke a Registered Power of Attorney for Property Transactions? A registered Power of Attorney (POA) gives another person authority to act on behalf of the property owner. But registration does not automatically mean that the authority can never be withdrawn. In many situations, a property owner can revoke a Power of Attorney in India , but the exact legal position depends on the wording of the document, the purpose for which it was executed, whether it was coupled with an interest, and whether the attorney has already carried out any transaction under the authority. Is a registered POA automatically irrevocable? No. A POA is generally an instrument creating an agency relationship; it does not by itself transfer ownership of the property to the attorney holder. The Supreme Court has reiterated that a power of attorney is an instrument of agency and does not itself transfer title in immovable property.  Under the Indian Contract Act, 1872, an agency may...

  Can a Landlord Increase Rent During an Ongoing Tenancy Agreement in India? If you are already occupying a property under a fixed-term rent or lease agreement, you may wonder: Can the landlord increase the rent before the tenancy period ends? The answer generally depends on the rent agreement, applicable tenancy or rent-control law, and the exact terms agreed between the landlord and tenant . A landlord cannot simply assume that rent can be changed whenever they wish merely because market rents have increased. What does the rent agreement say? The first document to examine is the existing rent or lease agreement . If the agreement clearly provides for a rent increase during the tenancy—for example, an agreed annual escalation of 5% or 10%—the increase may operate according to that contractual clause. On the other hand, if the agreement fixes a particular rent for the entire tenancy period and contains no provision permitting an interim increase, the landlord's ability to impose a ...

  Can a Tenant Transfer Tenancy Rights to Another Person Without the Landlord’s Permission? Have you rented a property and are considering giving the tenancy or possession to another person? Whether a tenant can transfer tenancy rights in India depends largely on the tenancy agreement, applicable rent-control law, and the nature of the proposed transfer. A tenant should not assume that simply because they have been paying rent regularly, they can freely transfer the tenancy to someone else. Is landlord permission required? There is no single rule that applies identically to every tenancy throughout India. The tenancy agreement should be examined first. It may specifically prohibit assignment, transfer, subletting, or parting with possession without the landlord’s written consent. Under Section 108(j) of the Transfer of Property Act, 1882, in the absence of a contract or local usage to the contrary, a lessee may transfer or assign his interest in the lease. However, this general r...