My brother’s wife has made false allegations of attempt to rape

My brother's wife has made false allegations of attempt to rape, dowry demands, and physical assault against me, my mother, and my brother. All allegations are false and she has no evidence to prove it. I need help.

Asked from: Maharashtra

Your brother’s wife has made allegations of attempt to rape, is not a superficial matter. It has gravity because statement of victim is sufficient for lodging FIR. No need to adduce detail evidence of attempt to rape at the initiate stage. Therefore, the contents of FIR prima facies seem true and empowers the police to investigate the alleged crime.

How can you assert that the allegations made in the First Information Report (FIR) are false and baseless? If you possess evidence refuting these allegations,, you should consider approaching the high court under Article 226 to seek the quashing of the FIR.

Quashing the FIR is not feasible unless you can provide evidence demonstrating that, prima facie, no offence is made out against the accused. During the quashing process, the high court does not appreciate the evidence in depth. 

Since the collection of evidence falls under the purview of the investigation. Therefore, the high court cannot halt the investigation unless you possess compelling evidence indicating that the allegations are false and investigation is unwarranted. If you have been absent at the place of occurrence, you can take a plea of alibi to establish that you were elsewhere at the alleged date and time. Your physical absence at the place of the incident prima facie suggests that the allegations are unfounded.

The offense of attempt to rape, as outlined in the Indian Penal Code (IPC), is regulated by Section 376 in conjunction with Section 511. Several key elements typically define an attempt to commit rape under the IPC.

Firstly, there must be a clear intention on the part of the accused to commit the offense of rape. This intention forms a foundational aspect of the offense. Subsequently, the accused must engage in a direct act that leads towards the commission of rape. These acts could manifest as physical actions or gestures indicating an imminent sexual assault.

Additionally, the act must be in close proximity to the completion of rape, signifying a step that brings the offense closer to fruition. The absence of the victim's consent is a critical element, and any attempt to engage in sexual activity without such consent can be construed as an attempt to rape.

Furthermore, the accused must exhibit a criminal intent to commit the offense, and mere preparation is deemed insufficient. A significant step towards the actual commission of rape must be evident for the offense of attempt to rape under the IPC. For more legal help please visit Kanoon India.

Share of beneficiary in the will

Share of beneficiary in the will. My dad made a registered WILL and in that WILL mentioned that any ancestral property in his name will be transferred to stepmother's name and my name. Can she get 50% share in that property?

Asked from: Uttar Pradesh

If the testator explicitly stipulated the beneficiary's share in the testamentary will, that designated share will be allocated to them. In the absence of a specified portion for the beneficiary in the will, the beneficiary is entitled to an equal share.

In accordance with the details of your case, where there are two beneficiaries and no specific share is mentioned for each, both beneficiaries will receive a fifty percent share in the property. For more legal help please visit Kanoon India.

Unregistered floors and denied shares in the family property

Unregistered floors and denied shares in the family property. The house that belonged to my father was constructed by my brother without obtaining signatures from any of us siblings. The floors were built in the name of my mother-in-law after my father's demise. However, she is no longer present, and both my brothers reside on the two floors. We are not receiving any rent, and when I request a share, they refuse. Additionally, neither of the floors is registered in anyone's name. Please guide me.

Asked from: Uttar Pradesh

Prima facie, you have a right to this property because it belongs to your father. There is no evidence that your brother has erected those floors as his individual property. When a co-sharer invests in joint property and does not claim it as his private property, it indicates an intention to create joint property.

In this situation, your brother cannot assert those floors as his own property. There is prima facie no evidence that it is not a joint property. You may file a civil suit for the declaration of your right in this property because they have refused to give you a share in the property.

In the same suit, you should also claim a permanent injunction to prevent the co-sharers from interfering in your share. In a declaration suit, the claim for injunction is mandatory. Without claiming injunction, the declaration suit is not sustainable. You should initiate legal proceedings for unregistered floors as soon as possible. For more legal help please visit Kanoon India.

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I called off marriage can my girlfriend initiate legal proceedings?

I called off marriage can my girlfriend initiate legal proceedings? I was in a romantic relationship with my girlfriend, and we had informed and convinced our parents about our decision to get married. However, when my girlfriend underwent a major abdominal surgery, my parents pressured me to call off the marriage, and I ultimately chose to comply with their wishes. She is very upset and now planning to file criminal case against me. I don't understand what to do. I feared that there was sexual relationship on the pretext of marriage.

Asked from: Uttar Pradesh

In this situation, your girlfriend may have the option to file a criminal case against you for deception, as you allegedly misled her under the pretext of marriage. If sexual intercourse occurred under the false promise of marriage, it could be argued that consent was obtained through deceit. Your engagement in sexual relations based on a false promise of marriage may be grounds for legal action. For more legal help please visit Kanoon India.

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Can girlfriend file criminal case against boyfriend for cheating?

Can girlfriend file criminal case against boyfriend for cheating? Can I pursue legal action against my boyfriend for cheating? He borrowed money from me with a promise to repay, and now he is engaging in blackmail. I am considering filing a case against him.

Asked from: Uttar Pradesh

Your boyfriend borrowed money from you but now does not want to repay. Therefore, he is now engaged in blackmail. In this scenario you have the option to file a First Information Report (FIR) against him for the offenses of cheating and extortion. It appears that he made false promises with no intention of returning the money, thereby deceiving you in the process. He has committed a cognizable offense, allowing you to initiate criminal proceedings against him through FIR.

Under the Indian Penal Code (IPC), Sections 415 to 420 address the offense of cheating. Section 415 provides a comprehensive definition of cheating, encompassing acts of deception that lead a person to deliver property, consent to property retention, or engage in actions they would not undertake if not deceived. This deceitful conduct, causing potential harm to an individual in body, mind, reputation, or property, is deemed as "cheating."

Moving forward, Section 416 outlines the punishment for cheating, stipulating imprisonment for a term extending up to one year, a fine, or both. Section 417 deals with the punishment for cheating and introduces more severe consequences if the victim is a woman or a minor. Section 418 addresses cheating with the awareness that wrongful loss may occur to the person whose interests the offender is obligated to protect.

Additionally, Section 419 pertains to punishment for cheating by personation. Lastly, Section 420 prescribes penalties for the offense of cheating and dishonestly inducing the delivery of property. This particular section entails more severe consequences, including imprisonment for a term extending up to seven years, along with the potential for a fine. It is essential to seek legal advice to comprehend the nuances of these sections and their application to specific cases, as laws may be subject to amendments. For more legal help please visit Kanoon India.

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Village committee has blocked the public road

Village committee has blocked the public road. I am from a village in Odisha, India, I have two separate plots which are in my name and they are adjacent to each other and their boundaries joined. In front of both the plots there is government land and in front of that land there is the main road. I have built my home in the first plot and have not done anything in the second plot. My village committee is allowing me only a single passage from my home to the main road but they are blocking the passage to the main road from my second plot. And they are threatening me to boycott from the village if I demand a road for my second plot. Is it legal from my village committee or by government rules?

Asked from: Odisha

You have the right to access the public road without fear and obstruction.  The village committee lacks the authority to obstruct the public road. The act of blocking the public road and issuing threats against those seeking access to it constitutes an offence. 

It is imperative that you promptly file a complaint against the individual who has illegally obstructed the road. In the Hari Ram vs. Jyoti Prasad and Anr. (2011) 2 SCC 682 the hon'ble Supreme Court has held that: 

Any act of encroachment is a wrong committed by the doer. Such an encroachment when made to a public property like encroachment to public road would be a graver wrong, as such wrong prejudicially affects a number of people and therefore is a public wrong.

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is said to wrongfully restrain that person. It is punishable under Section 341 of the Indian Penal Code (IPC).

You should also move an application to the local Sub-Divisional Magistrate for taking action against the miscreants under Section 145 of the Code of Criminal Procedure (crpc). Now Section 164 of the Bhartiya Nagarik Suraksha Sanhita 2023. For more legal help please visit Kanoon India.

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Termination of employee without giving reason

Whether termination of employee without giving reason is justified in service law? Arbritrarily remove me from the service and blocked all communication, including the employee's ID, without providing any discernible reason. Despite being a permanent employee of this nationalised bank (SBI), the grounds for termination remain unexplained. In light of this situation, what recourse is available for me to seek reinstatement?

Asked from: Uttar Pradesh

The employer (bank) cannot terminate its employee without stating the ground and providing an opportunity of hearing. This is the fundamental principle of a fair justice even in the administrative sphere that the person must have an opportunity to be heard before taking any adverse action against him. 

Therefore, the act of the employer (bank) is prima facie unjust, illegal and violation of the principle of natural justice. It also violates the provisions of the State Bank of India Officers Service Rules, 1992.

According to Rule 20 of the State Bank of India Officers Service Rules, 1992, an officer shall not leave or discontinue his service in the Bank without first giving a notice in writing of his intention to leave or discontinue the service or resign.

Termination without any notice not only violates the above rule but also infringes the fundamental right enshrined in Article 21 of the constitution. Right to livelihood is an integral part of Article 21 of the Constitution of India.

No person shall be deprived of his life or personal liberty except according to a procedure established by law.

Article 21

The term 'Life' as outlined in Article 21 of the Constitution goes beyond the basic act of breathing. It extends beyond mere animal existence or the monotonous routine of survival. It encompasses a broader spectrum, encompassing the right to live with human dignity, the right to livelihood, the right to health, the right to breathe pollution-free air, and more.

In the case of Olga Tellis v. Bombay Municipal Corporation AIR 1986 SC 180, commonly referred to as the 'Pavement Dwellers Case,' the Supreme Court has held that the right to livelihood is inherently connected to the right to life. The court reasoned that no individual can sustain life without the means of living, i.e., a source of livelihood. Expanding on this, the Court emphasised:

“The scope of the right to life guaranteed by Article 21 is extensive and all-encompassing. It does not solely imply the preservation of life from extinguishment or deprivation, such as in the case of the imposition and execution of a death sentence, except as per the established legal procedure. While this is one dimension of the right to life, an equally crucial aspect is the right to livelihood because the ability to live is inseparable from the means of livelihood.”

Olga Tellis Vs. BMC AIR 1986 SC 180

The bank cannot terminate its employee without following the due procedure of law. The termination of an employee by the bank must adhere to the prescribed legal procedures. The State Bank of India Officers Service Rules, 1992, has been established to safeguard employees from any arbitrary actions by higher authorities within the SBI.

This regulatory framework ensures that due process is followed in matters of employee termination, providing a protective measure against any potential abuse of authority by the higher echelons of the State Bank of India.

You have been terminated in violation of the due process. Hence, you should file a writ petition before the High Court for quashing of the termination order. That order is unjust, illegal and in violation of the fundamental right. When the fundamental right of the citizen is being infringed by the state, the aggrieved person can directly approach the high court under Article 226 of the constitution of India. 

Since you have been illegally deprived from the right to livelihood hence, you can seek appropriate remedy i.e. quashing of termination order, from the High Court. The bank has committed grave error because termination of employee without giving or citing reason is violating the principle of natural justice. For more legal help please visit Kanoon India.

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