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Witness

 Who are competent witness 1 any body can be a witness if they can understand the question put forward and answer the question I respect of age and if he a lunatic he is not prevented from giving witness  2. Accomplice  The person who would be the co accused whom might I in turn change as approver  Is the witness a credit worthy witness or he has given the witness due to coersion  The prosecution must prove that based on independent and material evidence rather the conviction merely on accomplice witness  The question would be in case of rape there is no accomplice   The victim is the witness why not unless and until if the victim is it married and of tender age. Post your thought and comments .

Right to passage

The international law does not clearly define the control of the right to passage. Even though if defined who could exercise control over the passsge is the question  The strait of Hormuz now blocked by the country of iran is widely condemned by the United Nations What could be reason is it really war or anything else for the condemning nations  First was this opposed by the Russia china and India? What could be the reasons whether is this the only war that affects the lives of people or the lives of people was immaterial in earlier and on going wars . Was Iran doing the right thing by blocking the strait of hormuz , any nations who s threatened could defend themselves but is the Real defence mechanism  What is the strait jacket formula in war . Ukraine and Russia was into war for the last two years was anyone worried other than the two  anyhow the only affected would the civilians in the war and not the heads so many battered displaced does it even matter ? Put your...

RERA

Recent issues with builders are increasing and the consumers vexed waiting in long queues for their building apartment to be completed now can approach RERA forum. Don’t hesitate to approach the advocate for issues with building you may also approach together as a single petition which results in cost reduction and compensation would be awarded if too many come up with the same issue. The builder has to prove that he is following the schedule otherwise refund will be done through RERA and you don’t have to wait for the builder to respond , I don’t see builders responding once they get the money from consumers. For more check out https://rera.tn.gov.in/ When aggrieved with the orders may further appeal to  https://www.tnreat.tn.gov.in/

Maintenance of elderly

 The recent judgment from the Supreme Court had revoked the property that has been granted as gift by the parents hoping that they would be taken care by the son。 The son after the property got gifted nor provided maintenance or took care of the elderly parents. The Supreme Court clearly said the Above behaviour should be strictly taken in consideration because there is no provision for the elderly on the constitution as Well But according to the  Maintenance and Welfare of the Parents and Senior Citizens Act, 2007  By section 23 the property transferred stands void and the elderly put into possession.

Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . For further details consultant your advocate .

Summons/default

For default in summons according to cpc section 32 1) issue a warrant for arrest 2)attach and sell his property  3)impose a fine on him 4) order him to furnish security and send him to civil prison for default .

Res judicata /double jeopardy

Section 11 of CPC (code of civil procedure )Deals with the  Res judicata. It says the matter /issue that was heard by the court previously and decided shall not be heard again unless and until parties and title are not same. Double jeopardy  Article 20(2) says that no person shall be punished again for the same offence.