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Hindu Marriage Act,1955 (Full Summary and Official Gazette)

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The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. Introduction India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society. The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and childr...
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How accused can avoid his liability u/s 138 of NI Act?

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It is also to be borne in mind that the requirement of giving of notice is a clear departure from the rule of Criminal Law, where there is no stipulation of giving of a notice before filing a complaint. Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the court in respect of the complaint under Section 138 of the Act, make payment of the cheque amount and submit to the Court that he had made payment within 15 days of receipt of summons (by receiving a copy of complaint with the summons) and, therefore, the complaint is liable to be rejected. A person who does not pay within 15 days of receipt of the summons from the Court along with the copy of the complaint under Section 138 of the Act, cannot obviously contend that there was no proper service of notice as required under Section 138, by ignoring statutory presumption to the contrary under Section 27 of the G.C. Act and Section 114 of the Evidence Act. In our view, any other interpretation of the proviso would defeat the very object of the legislation. As observed in Bhaskaran s case (supra), if the giving of notice in the context of Clause (b) of the proviso was the same as the receipt of notice a trickster cheque drawer would get the premium to avoid receiving the notice by adopting different strategies and escape from legal consequences of Section 138 of the Act.

*Supreme Court of India*

*C.C. Alavi Haji vs Palapetty Muhammed & Anr*
on 18 May, 2007
Author: D Jain
Bench: Cji K.G. Balakrishnan, R.V. Raveendran, D.K. Jain
Citation;2007CriLJ3214, 2007GLH(27)512, 2007GLH(512)27, ILR2007(3)Kerala203, [2007(3)JCR209(SC)], JT2007(7)SC498, 2007(3)KLJ81, 2007(3)KLT77(SC), 2008(3)MhLj115, 2008(1)MhLJ44(SC), 2008MPLJ441(SC), 2007(2)OLR384, 2007(II)OLR(SC)384, (2007)147PLR813, RLW2007(3)SC2120, 2007(7)SCALE380, (2007)6SCC555, [2007]77SCL117(SC), [2007]7SCR326, 2007(2)UJ0675

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