01Dec 2018 by admin

Short Summary of Shariat Act, 1937

Marriage
There were certain doubts in the minds of Indian Muslims regarding the application of Muslim personal law to Muslims. To confirm the policy of the British Government and to remove their doubts, the Shariat Act had to be enacted by the Central Legislature in 1937. At present the application of Muslim Personal Law is generally regulated by this enactment. Provisions of this Act regarding the application of Muslim Personal Law are summarised as under:(a) Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the following matters:(1) Intestate succession (i.e. inheritance), ADVERTISEMENTS: (2) Special property of the females,(3) Marriage (including all incidents of marriage),(4) Dissolution of marriage (including all…
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01Dec 2018 by admin

Formalities Necessary for the Exercise of the Right of Pre-emption

Sociology
“The Muhammadan law of pre-emption is a law of technicality, and the existence of the right depends upon the full and complete observance of formalities. It is a ritual. If the ritual be defective, the Dijnn will not emerge from the bottle.Unless the words are ‘open sesame’ the door will not open. If the ceremonies are in any way incomplete or erroneous, the right of sufaa does not take effect, but remains unsubstantial. Image Source: careerjunction.co.za ADVERTISEMENTS: It is rightly so, because the doctrine involves interference with one of the fundamental human rights, the right of freedom of contract”. Thus, spoke Meredith J in C.S. Tiwari v. P. Dubey. Muslim law categorically lays down that the right of pre-emption can be exercised only on the observance of certain formalities. The…
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01Dec 2018 by admin

Legal provisions regarding Section 153 of IPC

Essays
Legal provisions regarding wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed under section 153 of Indian Penal Code, 1860.Wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed: ADVERTISEMENTS: Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend…
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30Nov 2018 by admin

7 Important Role of Operations Manager in an Organization

Management
Depending on the nature of c, operations managers need to perform various managerial functions like, planning, directing, coordinating operations, decision taking, policy framing, controlling inventory, supply chain management, job scheduling, job-wise manpower allocation, etc.However, this is only an indicative list. Some organizations even assign the duties of chief executive officer to operations managers. In many organizations, we find the position of Chief Operating Officer at the operations level.The functions of a operations manager even though vary with the nature of the products or services, it can typically have following commonalities— Image Source: ceriusexecutives.com 1. Production Planning and Control: ADVERTISEMENTS: This involves deciding the course of action for actual production after the receipt of orders. Usually, Sales or Marketing Department receives or books orders from the customers and send their requisitions…
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30Nov 2018 by admin

What are the essential formalities of a valid adop­tion?– Explained!

Law
Essentials of a valid adoption:The most important and essential ceremonies in adoption among the three regenerate classes, that is, the Brahmans, the Kshatriyas and the Vaishyas, are the following: ADVERTISEMENTS: (1) The actual physical giving and receiving of the boy,(2) DuttaHomam. Image Source : i.huffpost.comPhysical act of giving and receiving:The physical act of giving and receiving of the boy is essential to the validity of an adoption. The ceremony is essential even in case of Sudras. It is of the essence of adoption and the law does not accept any substitute for it. Mere expression of consent or the execution of a deed of adoption though registered but not accompanied by an actual delivery of the boy, does not operate as a valid adoption. ADVERTISEMENTS: (Sasinath v. Krishnasunderi, (1881) 7…
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30Nov 2018 by admin

What is the difference between Summons-case and Warrant-case? – Explained!

Essays
A warrant-case is defined to mean a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. A summons-case means a case relating to an offence, not being a warrant-case.The code classifies all offences into cognizable and non-cognizable, and the trial procedure into summons-cases and warrant-cases. This division is based on the nature and measure of punishment attached to the offence.It is to be noted that this distinction is distinct and different from the question whether a summons or a warrant would issue in the first instance and whether an offence is cognizable or not. Image Source: image.slidesharecdn.com ADVERTISEMENTS: Thus, a warrant-case is one which is punishable —(a) With death sentence, or(b) A sentence of life-imprisonment, or ADVERTISEMENTS: (c) A sentence…
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30Nov 2018 by admin

What is the Need for Collective Bargaining?

Industry
It is evident from the foregoing discussion that to settle differences on the work-related issues, collective bargaining as a process is perceived both by employers and employees and important machinery. We have adequately covered the general issues, which are usually settled through collective bargaining.The need for collective bargaining in India arose due to some controversial problems, which the Indian industry had to face post-World War II. One of the most important among these is that of modernization. The problems of modernization and productivity are to be viewed in a proper light in the context of industrial development on planned lines. Indian industry cannot compete in foreign markets if it does not follow modern methods of production.Since modernization causes displacement of workers, it naturally invites hostility and the workers and the…
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30Nov 2018 by admin

Legal Provisions Regarding Section 39 of the Code of Criminal Procedure, 1973

Currency
Section 39 of the Code of Criminal Procedure casts a duty on every person who is aware (i) of the commission of, or (ii) of the intention of any other person to commit, the twelve offences listed below, to forthwith give such information to the nearest Magistrate or Police Officer.Omission to give such information is punishable under the Indian Penal Code, unless it is proved that such a person had reasonable excuse for not doing so, the burden of proof being on the person concerned. Image Source: newblog.jch.in ADVERTISEMENTS: The twelve offences under the Indian Penal Code referred to above are:(i) Offences against the State, specified in Ch. VI of the I.P.C.;(ii) Offences against public tranquility, specified in Ch. VII of the I.P.C.;(iii) Offences relating to illegal gratification; ADVERTISEMENTS: (iv)…
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30Nov 2018 by admin

General Provisions Relating to Searches under Section 99-101 of the Code of Criminal Procedure?

Essays
If any place which is liable to be searched or inspected under this Chapter is closed, the person residing in, or who is in charge of, such a place must, on demand, allow the Officer executing the warrant free ingress into such place and also afford him all reasonable facilities for a search in such place. If no such facilities are afforded, the Officer may effect entrance into such place by breaking open any door or window of the place.Before making any such search, the Officer-in-charge must call upon two or more independent and respectable inhabitants of the locality to witness the search. The search is to be made in the presence of such witnesses, and the list of all the things which are seized in the course of the…
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30Nov 2018 by admin

Difference between Section 145 and Section 147 of Code of Criminal Procedure

Essays
The main points of distinction between S. 145 and S. 147 are as follows:(i) Whilst S. 145 applies to disputes as to possession of land, S. 147 applies to the right as to the use of land or water claimed as an easement or otherwise.(ii) Whereas S. 145 provides for attachment, S. 147 does not contain any such provision, as this deals with abstract rights of the user. ADVERTISEMENTS: (iii) S. 145 requires proof of actual possession, irrespective of the legal right. S. 147, on the other hand, requires the Magistrate to ensure if the right of the actual user appears to exist, irrespective of the legal rights.(iv) Lastly, the provisions of S. 145 are mandatory, whereas those of S. 147 are discretionary. Image Source: brookmanblog.files.wordpress.com
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