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Showing posts from August, 2020

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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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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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Legal and Scientific Views On Lie Detector Tests(Deception Detection Test)

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   Introduction   The deception detection tests (DDT) such as polygraph, narco-analysis and brain-mapping have important clinical, scientific, ethical and legal implications. The DDTs are useful to know the concealed information related to crime. This information, which is known only to self, is sometimes crucial for criminal investigation. The DDTs have been used widely by the investigating agencies. However, investigating agencies know that the extracted information cannot be used as evidence during the trial stage. They have contested that it is safer than ‘third degree methods’ used by some investigators. Here, the claim is that, by using these so called, “scientific procedures” in fact-finding, it will directly help the investigating agencies to gather evidences, and thereby increase the rate of prosecution of the guilty and the rate of acquittal of the innocent. Recently, these methods are being promoted as more accurate and best to none, without convincing evidence...
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Summary of Transfer Petition of Rhea Chakraborty Petitioner Versus State of Bihar & Ors. Respondent(s) in The Supreme Court Of India

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Transfer Petition (Crl.) No.225 of 2020  Rhea Chakraborty Petitioner Versus State of Bihar & Ors. Respondent(s)    JUDGMENT : Hrishikesh Roy   Respondent No. 1 (State of Bihar)                         Counsel: Mr. Maninder Singh Respondent No. 2 (petitioner) Rhea Chakraborty Counsel: Mr. Shyam Divan,Mr. Vikas Singh Respondent No.3 (State of Maharashtra)              Counsel : Dr. A.M. Singhvi and Mr. R. Basant Respondent No.4 (CBI and Union of India)         Counsel : Mr. Tushar Mehta   RESPONDENT 02 . The petitioner contends that the incidents alleged in the Complaint lodged by the father of the deceased, have taken place entirely within the jurisdiction of State of Maharashtra and therefore, the Complaint as r...
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LEGAL VIEWS ON BANNING CHINESE APPS

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Narendra Modi government’s Ministry of Electronics and Information Technology banned 59 Chinese apps, including TikTok, WeChat, and UC Browser, it did so through the powers of one law. The government said that these apps were banned under Section 69A of the Information Technology Act, 2000 because “they are engaged in activities which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order.”   Section 69A of the Information Technology Act, 2000, was introduced by an amendment to the Act in 2008. It gives the Central government the power to block public access to any information online — whether on websites or mobile apps.The statement from the Ministry of Electronics and IT (MeitY) said it had received complaints from various sources, including several reports about the misuse of some mobile apps for stealing and surreptitiously transmitting users’ data in an unauthorised mann...
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RJD Supremo Lalu Prasad Fooder Scam

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RJD President and former Bihar Chief Minister Lalu Prasad Yadav has been sentenced 14 years in jail in the fourth fodder scam case. The case relates to fraudulent withdrawals of over 3 crore rupees from December 1995 to January 1996 from the Dumka treasury.  RJD supremo Lalu Prasad was sentenced to 14 years in jail and fined Rs 60 lakh by a special CBI court in connection with the fourth fodder scam case pertaining to fraudulent withdrawal of Rs 3.13 crore from Dumka treasury in the early 1990s. CBI judge Shiv Pal Singh awarded two separate sentences of seven years each to Prasad under the Indian Penal Code (IPC) and the Prevention of Corruption Acts, counsel Rakesh Prasad said. Lalu Prasad has been sentenced to seven years in prison under IPC sections 420 (cheating), 409 (criminal breach of trust by public servant), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged), 477 (fraudulent cancellation, destruction ...
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Daughters like sons have an equal birthright to inherit joint Hindu family property by SC

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The  Supreme Court on (August11,2020)  held that daughters, like sons, have an equal birthright to inherit joint Hindu family property . The Court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect.   A Bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah said that “the provisions contained in the substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after the amendment in the same manner as a son with same rights and liabilities.”   "In 2016, the Supreme Court decided that such right will not be retrospective in Prakash v Phulwati case while in 2018 another bench of the court in Danamma v Amar held it to be retrospective. Answering the reference, the bench said, “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.”   The bench said that daug...
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Sushant Singh Rajput Case - Whether Bihar Police Can investigate in Mumbai or not - Full Legal View

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  Today We are going to Understand Sushant Singh Rajput Case at a Glance. Whether Bihar Police Can investigate in Mumbai or not.   After Reading full percept you will be able to clarify all the Questions given here.   Under CrPC rules,  Mumbai police have sole jurisdiction over the case . The Maharashtra government will back a single investigation into the Sushant Singh Rajput case, conducted by the Mumbai police, after seeking the opinion of its law department.  Currently , No FIR is filed by Mumbai Police.  Mumbai Police is Investigating under Inquest (CrPC 174 ) Defined as   Section 174 in The Code Of Criminal Procedure, 1973 " 174. Police to enquire and report on suicide, etc. When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or...
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DEFAMATION (SECTION 499-502 IPC(1860))

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                                      INTRODUCTION "Sticks and stones will break my bones, but words will never hurt me"-  says the popular adage. The law of defamation, however, would be differing. The post addresses the description of defamation and justifications about the criminalization of it. The crime of "defamation" is asserted against a "person" or "persons" that damages his reputation or reputation. The intent to cause harm is the most essential ingredient of a defamation crime that attracts criminal action under section 499 of the Indian Penal Code. There can be no offense of defamation unless the alleged defamatory statement is made public or published.   DEFAMATION The word defamation has taken from Latin word ‘Diffamare’. Semantics or Etymology of the Latin word ‘Diffamare’ provides that it means 'Spreading evil report about someone'. Thus, de...
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