14Oct 2018 by Reese Bannister

Section 3 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 3 of Indian Penal Code, 1860.Punishment of offences committed beyond, but which by law may be tried within, India:This section along with section 4 deals with the extra-territorial jurisdiction of the Indian Penal Code. image source: cryptocoinsnews.com ADVERTISEMENTS: By any Indian LawThe expression ‘by any Indian law’ restricts the operation of the section to the cases specified in the Extradition Act, 1962 and sections 188 and 189 of the Code of Criminal Procedure, 1973.Section 34 of the Extradition Act, 1962 states that an ‘extradition offence’ committed by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence ‘Extradition offence’ vide section 2(c) of the Act means (i)…
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14Oct 2018 by Reese Bannister

Section 4 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 4 of Indian Penal Code, 1860.Extension of Code to extra-territorial offences:This section also deals with the extra-territorial jurisdiction of the Code along with section 3. The provision demonstrates that jurisdiction can be claimed on the basis of citizenship or territory. Sub-section (1) of this section lays down the principle that if an offence is committed by an Indian citizen, the provisions of the Code make him amenable to Indian jurisdiction wherever he may have committed the act or wherever he may be residing. ADVERTISEMENTS: It does not matter at all even if the offence is committed without and beyond India. If an Indian citizen commits adultery in England, which is not a crime there, he is guilty of it on the grounds that he is an…
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14Oct 2018 by Reese Bannister

Section 511 of Indian Penal Code, 1860 – Explained!

Currency
Legal Provisions of Section 511 of Indian Penal Code, 1860.Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment:This section provides for punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. It says that whoever attempts to commit an offence punishable by the Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where the Code has not made any express provision to punish such attempt, be punished with imprisonment of any description provided for the offence, for a term extending up to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of…
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14Oct 2018 by Reese Bannister

Section 503 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 503 of Indian Penal Code, 1860.Criminal intimidation:This section defines the offence of criminal intimidation. It says that whoever threatens another with any injury either to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with the intention of causing alarm to that person, or to cause that person to do any such act which he is not legally bound to do, or to omit to do any act which that other person is entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. There is an explanation attached to the section according to which a threat to injure the reputation of any person who is dead in whom the person…
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14Oct 2018 by Reese Bannister

Who Can Give a Child in Adoption under Hindu Law?

Law
The following persons have capacity to give a child in adoption. (i) Father: Under the Pre-Act Law the father could give his son in adoption irrespective of the willingness of the mother to part with the child. The Act of 1956 has changed the law. The consent of the mother should be obtained before the child (son or daughter) can be given in adoption. Image Source: tranquilshores.org ADVERTISEMENTS: Where the mother has renounced the world or renounced Hinduism by embracing some other religion or where the court has declared her to be a lunatic, her consent would not be necessary. An adoptive father cannot give away the adoptive child in adoption to someone else. (ii) Mother: An unmarried woman who has given birth to a child can give her child…
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14Oct 2018 by Reese Bannister

Theories on which the Grounds of Divorce are generally Categorised

Marriage
Divorce means putting an end to the marriage by dissolution of marital relations. The parties can no longer be husband and wife. The grounds on which the divorce is taken are generally categorised into the following theories. Image Source: divorce.legal 1. Offence, Guilt or Fault Theory of Divorce: If either of the parties is guilty of committing any matrimonial offence the aggrieved party is entitled for divorce. The other party is supposed to be innocent. For instance, if one of the parties committed adultery or treated the other party with cruelty or deserted the other party, the other party is entitled for divorce. ADVERTISEMENTS: At times, even though one of the parties is not guilty of committing any matrimonial offence, but suffers from a fault like insanity the other party…
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14Oct 2018 by Reese Bannister

What are the Amendments made in the law relating to Divorce under Hindu Marriage Act, 1955?

Marriage
Vital modifications have been made by the Amendment of 1976 in the law relating to Divorce.(1) New Section 13-B Section 13-B has made provision for Divorce by mutual consent of husband and wife. They should have been living separate for one year or more and found it not possible to live together. Image Source: thinkingaboutdivorce.co ADVERTISEMENTS: There is a conflict of opinion on the question whether one of the parties (Husband or Wife) can unilaterally revoke the consent. When a petition is filed jointly by the husband and wife both agreeing to divorce, the petition is to be considered by the court only after the expiry of six months.Before the court passes the divorce decree, can one of the parties revoke his (or her) consent and thereby cause the petition…
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14Oct 2018 by Reese Bannister

What are the Amendments made in the Hindu Marriage Act, 1955?

Marriage
History of the Amendment: Under the original Bill (Marriage Laws Amendment Bill), 1974 it was proposed to omit the words “on a petition presented by either party thereto”. The object of the proposal was to enable third parties (i.e. strangers to the marriage) to seek relief under s. 11. For instance, when A first marries  and then marries Ñ,  is a stranger to the second marriage. Image Source: images.speakingtree.iimg.inIt was held in Kedar Nath v. Smt. Suparva, AIR 1963 Pat. 311, that the first wife  cannot present a petition under s. 11 for a declaration of nullity of A’s marriage with C. The proposal was intended to supersede the decision. It was opposed by the Law Commission and has been dropped. So under the Amended section also…
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14Oct 2018 by Reese Bannister

Constitutional Validity of the Section 9 of the Hindu Marriage Act, 1995

Marriage
By marriage the husband becomes entitled to the conjugal society of his wife and the wife to the conjugal society of her husband. If either party unreasonably withdraws from the conjugal society of the other and the parties are not living together, the aggrieved party can petition for restitution of conjugal rights under s. 9. Image Source: 1.bp.blogspot.comThis remedy was known in England and was originally applied in India by the Privy Council for the first time in 1866 in Moonshee Bazloor v. Shamsoonaissa Begum; 1866-67 (11) Moo. Ind. App. 551. In England itself this remedy has been abolished in 1970. ADVERTISEMENTS: There has been a lively controversy in recent times as to the constitutional validity of s. 9. It has been set at rest by the Supreme Court in…
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14Oct 2018 by Reese Bannister

Short Essay on Earth (290 Words)

Essays
The Earth was formed about 4.7 billion years ago. The Earth’s shape is very close to that of a sphere, not perfectly spherical. The Earth’s equatorial diameter is about 12,756 km, which is slightly larger than the polar diameter; about 12,714 km Surface Area of the Earth is 510,065,600 km2 of which 148,939,100 km2 (29.2 %) is land and 361,126,400 km2 (70.8 %) is water.The Earth rotates on its axis, an imaginary straight line through its centre. The two points where the axis of rotation intersects the Earth’s surface are called as the poles, one of them is called the North Pole and the other is known as the South Pole. One rotation with respect to Sun is completed in 24 hours, called a solar day.The Earth rotates in counter-clock…
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