Advocate Sharda Ahuja

🔹 Where BSA Applies All Judicial Proceedings in or before any Court Civil and Criminal trials (in courts of law) Proceedings before tribunals if declared as courts by statute Oral evidence → statements made in court by witnesses Documentary evidence → documents produced for court’s inspection 🔹 Where BSA Does NOT Apply Affidavits presented to any Court or officer Even if notarized, it’s not “evidence” unless statute allows ✔️ Acceptable only if CPC, CrPC, or a Special Act permits Arbitration proceedings Conciliation / mediation / Lok Adalat proceedings (not judicial) Statements made outside court (unless admitted through exceptions like dying declaration, admissions, etc.) 🔹 Statutory Exceptions (When Affidavit = Evidence) Civil Procedure Code (Order XIX) → Court may accept affidavit instead of oral evidence Election Petitions → Affidavits required Company Law Tribunals (NCLT/NCLAT) → Affidavits accepted Family Courts...

When a marriage does not work out, both husband and wife may decide to separate peacefully. In such cases, the law provides for Mutual Consent Divorce , which is faster and less stressful than a contested divorce. In this article, I will explain the step by step process of mutual divorce in India , so you know exactly what to expect. ✅ What is Mutual Divorce? Mutual Divorce means both husband and wife agree to end the marriage . Instead of fighting a long legal battle, they file a joint petition in court and settle important matters such as: Custody of children Alimony/maintenance Division of property and assets This process is covered under Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Sikhs, Buddhists, Jains). Similar provisions exist in other marriage laws too. 📌 Step by Step Process Step 1: Separation Period The couple must live separately for at least 1 year before filing for mutual divorce. “Living separately” doesn’t always mean living in dif...

One of the most common issues people face today is lending money to someone who later refuses to return it. Whether it is a friend, relative, or a business transaction, recovering your own hard-earned money can feel frustrating. The good news is that Indian law provides clear remedies to help you get your money back. In this article, I will explain step by step how to legally recover money in India. 1. Start with a Legal Notice The first step is to send a formal legal notice to the person who owes you money. The notice should clearly mention the amount due, the reason for payment, and a time limit (usually 15 days) . Sometimes, a strong legal notice itself makes the other person return the money to avoid further action. 2. Filing a Civil Suit for Recovery If the person still refuses, you can file a civil money recovery suit under the Civil Procedure Code. The case is filed in the court that has jurisdiction based on the amount and place of transaction. You will ne...

 Key Points of the Delhi High Court's Landmark Judgement  - Right to Summon Witnesses: The wife has the right to summon bank officials as witnesses to determine her husband's real income. - Importance of Fair Opportunity: Denying the wife an opportunity to prove the diversion of sale proceeds and link it to the acquisition of a property would undermine the objective of maintenance proceedings. - Section 311 CrPC: This section grants wide discretionary and mandatory powers to summon, recall, or re-examine witnesses at any stage of proceedings to ensure a just outcome and prevent miscarriage of justice. Case Details - Case Name: Nidhi Jain vs. Ankit Jain - Court: Delhi High Court - Judge: Justice Ravinder Dudeja - Case Type: Maintenance case - Decision: The court allowed the wife's petition, setting aside the family court's order that had denied her request to summon bank officials and other witnesses. Significance of the Judgment - Fairness in Maintenance Cases: This jud...

In a significant judgment, the Supreme Court of India recently overturned the conviction of Narayan Yadav, who had been sentenced for murder, and set him free. The decision in Narayan Yadav v. State of Chhattisgarh is not just a verdict on facts it’s a lesson in how criminal trials must respect the rules of evidence. Case in Brief Narayan Yadav was accused of killing his acquaintance, Ram Babu Sharma, after a drunken altercation allegedly triggered by an obscene remark about Yadav’s girlfriend. Yadav himself went to the police station and lodged the FIR, narrating in detail how the incident unfolded. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment. The High Court reduced the conviction to Section 304 Part I IPC (culpable homicide not amounting to murder) by applying Exception 4 to Section 300 IPC. Yadav appealed to the Supreme Court. The Supreme Court’s Key Findings The apex court found several flaws in the High Court’s approac...

Subhash Rambhau Athare & Anr. v. State of Maharashtra & Anr. In a dramatic turn of events, a routine police station scuffle led to invocation of the Official Secrets Act, 1923 . The accused? A police constable and his brother. The charge? Spying. Yes, you read that right. The FIR stemmed from an altercation in Pathardi Police Station, Ahmednagar, where the accused allegedly threatened a fellow constable and made recordings inside the station. 🎯 Legal Twist The prosecution invoked: Section 120-B IPC (criminal conspiracy) Section 506 IPC (criminal intimidation) Section 3 of the Official Secrets Act, 1923 (spying) The defense argued the FIR was retaliatory. The accused had earlier filed complaints of trespass and assault against police personnel who allegedly mistreated their mother. 📌 High Court’s Ruling ✅ What Was Quashed: The charge under Section 3 of the Official Secrets Act was quashed . 🚫 Why? Because: Police Station is not a "Prohibited...