01Oct 2018 by admin

When a Foreign Judgement will not be Conclusive and Binding upon the Court?

Marriage
Under Section 13 of the Code, a foreign judgement is conclusive and will operate as res-judicata between the parties thereto except in the cases mentioned therein.In other words, a foreign judgement is net conclusive as to any matter directly adjudicated upon, if one of the conditions specified in clauses (a) to (f) of Section 13 is satisfied and it will then be open to a collateral attack. ADVERTISEMENTS: In the following six cases, a foreign judgement shall not be conclusive (Section 13(a) to (f)). A. Foreign Judgement not by a Competent Court: It is a fundamental principle of law that the judgement or order passed by the Court which has no jurisdiction is null and void. Thus, a judgement of a foreign Court to be conclusive between the parties must…
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30Sep 2018 by admin

What is Intestate Succession under the Hindu Succession Act, 1956?

Marriage
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it. It also refers to property which an intestate leaves behind him to pass to his heirs. The Chapter containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”. The Chapter also deals with heirs who are entitled to succeed and the mode of devolution of property. Image Source: i.ytimg.comThe legislature has abrogated the rule of Hindu law in all matters in respect of which there is an express provision in the Act. ADVERTISEMENTS: The Act applies to all property of the deceased Hindu except those mentioned in Section 5 of the Act.Section 5 runs as follows.(i) “This Act shall not apply to any property, succession to…
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30Sep 2018 by admin

Punishment for Contravention of Certain Conditions of a Hindu Marriage

Marriage
According to the Section 18 of the Hindu Marriage Act, 1955, every Hindu who procures a marriage for himself or herself to be solemnised under this Act in contravention to the conditions specified in Clauses (iii), (iv) and (v) of Section 5 shall be punishable— Image Source: farm4.staticflickr.com(a) In case of contravention of the conditions specified in clause (iii) of Section 5 with simple imprisonment which may extend to 15 days or with fine which may extend to one thousand rupees, or with both. After the passing of the Act now the position has been changed, who ever performs, conducts, directs or abates any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh…
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30Sep 2018 by admin

Essay on Efficacy of Punishment in Early Stages and Medieval Period

Family Members
Essay on Efficacy of Punishment in Early Stages and Medieval Period !In order to assess the adequacy of modern penal systems, it is necessary to probe into the origin and evolution of the system of punishment from the earliest time. image source: 62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com Early Stages: In primitive societies, men shared with animals the emotion of resentment at injury. The sense of fear and ignorance led to barbarous method of treatment of offenders. The concept of law and order was not yet known. Consequently, the common methods of settling disputes were through personal vengeance such as dual blood feuds and reparation, etc. As pointed out by Gillin, “in those days punishment was reflective reaction to injury”. ADVERTISEMENTS: Thus, in early societies the basis of punishment was retribution and vengeance. This obviously…
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30Sep 2018 by admin

What are the Incidents and Consequences of a Decree for Judicial Separation?

Marriage
The following incidents and consequences of a decree of judicial separation are noteworthy: Image Source: utahdivorcefirm.com(1) The marriage is not dissolved. ADVERTISEMENTS: (2) The husband and wife continue to have the same status but they are not bound to live together.(3) It would not be obligatory for them to cohabit with each other.(4) It does not prevent the parties from subsequently resuming cohabitation and living together as husband and wife as originally, they did.(5) If either spouse marries during the period of judicial separation, he or she would be liable for the offence of bigamy. ADVERTISEMENTS: (6) The petitioner, who may be wife or husband, may claim alimony from the other.(7) The wife shall, from the date of the decree and till separation continues, be considered as a feme sole…
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30Sep 2018 by admin

What is the Punishment for Bigamy under Hindu Marriage Act, 1955?

Marriage
Section 17 of the Act makes the marriage void under the following conditions:(1) If the marriage is solemnised after the commencement of the Act; and ADVERTISEMENTS: (2) At the date of marriage either party has a spouse living.It further renders bigamy punishable as per Section 494 of the Indian Penal Code. Image Source: i.ytimg.comUnless the marriage is performed with proper ceremonies and due form, it cannot be said to be solemnised. It is therefore, essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, Indian Penal Code applies on account of the provisions of the Act should have been celebrated with proper ceremonies and due form.Once these ceremonies are proved to have been performed the marriage becomes properly solemnised and if contracted while…
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30Sep 2018 by admin

Essay on Divorce and Remarriage among Hindus

Marriage
According to textual Hindu law, an everlasting bond of relationship comes into existence between husband and wife after their marriage. Image Source: divorce.legalTherefore the question of breaking off the marriage does not arise at all. Under certain circumstances e.g., wife living an immoral life, husband could abandon his wife but the marital relationship remained unaffected. Strange enough, Parasara and Narada, two great Smritikaras laid down five conditions in which a woman could take another husband for herself. ADVERTISEMENTS: These conditions included: (1) where the husband has been found lost, or (2) died; or (3) has renounced the world; or (4) has become impotent; or (5) has become an outcaste on account of some social stigma. The above text of Parasara and Narada does not seem to lay down a case…
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30Sep 2018 by admin

Hindu Law Now, Not a Law of All Hindus or of Hindus Alone

Marriage
Hindu Law governed not only Hindus but also Sikhs, Jains and Buddhists. It governed Lingayats a body of dissenters who deny the validity of caste distinctions. Image Source: androidheadlines.comIt governed progressive sects like Brahmans and Arya Samajists. It also governed persons professing other religious beliefs if such was their customary law and if there was no statue governing them. ADVERTISEMENTS: In fact until the other day, that is until the passing of the Shariat Act, several Mohammedan Communities like the Khojas, the Cutchi Memons, the Borahs and the Halai Memons were governed by Hindu Law in matters of succession and inheritance. On the other side of the picture were undoubted Hindus like the Muir and other non-Brahmin Hindu castes of Malabar Cochin and Travancore who were governed by the Marumakkathayam…
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29Sep 2018 by admin

14 Most Important Fundamental Principles of Juvenile Justice and Protection of Children

Relationships
Rule 3 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 provides the following principles of Juvenile Justice and Protection of Children:(I) Principle of presumption of innocence:(a) A juvenile or child or juvenile in conflict with law is presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years. Image Source: adeca.alabama.gov ADVERTISEMENTS: (b) The juvenile’s or juveniles in conflict with law or child’s right to presumption of innocence shall be respected throughout the process of justice and protection from the initial contact to alternative care, including aftercare.(c) Any unlawful conduct of a juvenile or a child or a juvenile in conflict with law which is done for survival, or is due to environmental or situational factors or is done under…
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29Sep 2018 by admin

Short Essay on the Relationship between Power and Authority in House's Path-Goal Model

Relationships
Relationship between Power and Authority in House’s Path-goal Model are given below:Though there is quite a difference between the two terms ‘power and authority’, but they are used synonymously. It is mainly because of their common objective of influencing the behaviour of others. Image Source: i.ytimg.com ADVERTISEMENTS: Power is the ability (potential- or actual) to impose ones will on others outside the formal organisation relationships, i.e., it is the ability ,of one person to affect the behaviour of someone else through the use of some means other than the use of some means other than the use of authority.Therefore, power, unlike authority, is influence that is based on organizational position, consequently, it should be noted that power applies to any inter-personal influence that exists outside the bounds of formal organizational…
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