Category: Law

The following are the consequences of the proclamation of emergency: (1) Extension of Executive powers of the Union: During the operation of a proclamation of emergency, the executive powers of the Union extend to giving directions to any State as to the manner in which the executive power of the State is to be carried on. Image Source: images.slideplayer.com ADVERTISEMENTS: In this context Article 353 provides that the executive power of the Union to give directions under clause (a) and the power to make laws under clause (b) shall also extend to any State other than the State where emergency Is in force, if the security of India or a part thereof is threatened by activities in or in relation to any part of the territory of India. (2) Power…

Legal Provisions of Section 151 of Indian Penal Code, 1860.Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse:This section prescribed punishment for knowingly joining or continuing in an assembly of five or more persons, such assembly not being an unlawful assembly, after it has been commanded lawfully to disperse. While this section is similar in nature to section 145 of the Code, the difference between the two lies in the fact that while section 145 prohibits joining or continuing in an unlawful assembly when the same is lawfully commanded to disperse, this section prohibits joining or continuing in an assembly of five or more persons which assembly is not an unlawful assembly. ADVERTISEMENTS: The explanation under this section clarifies this point…

The Manager’s power to alienate (i.e. transfer) coparcenary property has already been discussed above. It is to be noted that under Hindu Law, only the following persons have the power to alienate coparcenary property, so as to pass a good title to the transferee:(1) The whole body of coparceners, if all of them are adults.(2) The manager, to the extent mentioned below. ADVERTISEMENTS: (3) The father, to the extent mentioned below.(4) A sole surviving coparcener, in the circumstances given below. Image Source: focolare.orgThe powers of each of the above four persons are discussed below in necessary details. It is to be remembered that no other coparcener can alienate coparcenary property, unless he is authorised to do so. (1) The whole body of coparceners: ADVERTISEMENTS: If all the coparceners are adults,…

Ancestral property is a species of coparcenary property. Ancestral property is that property which is acquired by unobstructed heritage. (See above.) If property is acquired by obstructed heritage, it is not ancestral property. The various types of ancestral property differ from one another as regards the source from which such property is obtained, and may be classified under the following six heads:A. Property inherited from a paternal ancestorB. Property inherited from a maternal grand-father ADVERTISEMENTS: C. Property inherited from collaterals or from femalesD. Share allotted on partitionE. Property obtained by gift or will from a paternal ancestor ADVERTISEMENTS: F. AccretionsEach of these is discussed below. Image Source: i.imgur.com A. Property inherited from a paternal ancestor: Property inherited by a male Hindu from his father, father’s father, or father’s father’s father,…

The traditional age-old concept of a Hindu coparcenary was a male- dominated concept where only sons, grandsons and great-grandsons acquired, by birth, an interest in the coparcenary property. No female of a Mitakshara coparcenary could be a coparcener therein, although she always was a part of the joint Hindu family.This was in striking contrast with a Dayabhaga coparcenary, where sons do not acquire any interest in coparcenary property by birth and where females can be coparceners. (A reference may be made to the topic, “Dayabhaga Coparcenary”.)This concept suffered a fatal blow when the States of Andhra Pradesh, Karnataka, Maharashtra and Tamil Nadu passed legislation declaring that a daughter becomes an equal coparcener by birth in a Hindu joint family in these four states. The State of Kerala, however, went a…

The general rules of succession in the case of a female Hindu have been laid down in Section 15, which provides that the property of a female Hindu dying intestate shall devolve (according to the rules set out in Section 16) on the following persons, viz. : Image Source: images.huffingtonpost.com(a) Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; ADVERTISEMENTS: (b) Secondly, upon the heirs of the husband;(c) Thirdly, upon the mother and father;(d) Fourthly, upon the heirs of the father; and(e) Lastly, upon the heirs of the mother. ADVERTISEMENTS: Under the previous law, succession to stridhan (woman’s property) dependent on whether the woman was married or unmarried, and if married, whether she was married in an approved or an unapproved…

Section 20 of Hindu Adoption and Maintenance Act casts a duty on a Hindu, during his (or her) life-time, to maintain his (or her) legitimate as well as illegitimate children and his (or her) aged or infirm parents. Further, a legitimate child can claim maintenance from his or her father or mother, so long as the child is a minor.However, it is expressly provided that this obligation of a person to maintain his (or her) aged or infirm parent or a daughter who is unmarried, extends only as far as such parent or unmarried daughter (as the case may be) is unable to maintain himself (or herself) out of his (or her) own earnings or property. It is also expressly clarified by S. 20 that the term “parent”, as used…

Article 214 provides that there shall be a High Court for each State. However, under Article 231 (1) Parliament can establish by law a common High Court for two or more States or for two or more States and a Union Territory. In the judicial hierarchy of the Courts, the High Court is the highest court of a State. Image Source: asiantribune.com Appointment of Judges: ADVERTISEMENTS: Every High Court consists of a Chief Justice and such other Judges as the President may from time to time determine. Thus, the Constitution does not fix any maximum number of Judges of a High Court. The Judges of the High Court are appointed by the President.According to Article 217, the President appoints the Chief Justice of a High Court after consultation with the…

The constitutional provisions regarding privileges of the State legislature and Parliament are Identical. Articles 105 and 194 provide for privileges of legislatures In India. While Article 105 deals with Parliament, Article 194 deals with State legislatures. Image Source: i.ytimg.comThe Constitution expressly mentions two privileges: (a) freedom of Speech in the legislature, and (b) right of publication of its proceedings. Prior to Constitution (44th Amendment) Act, 1978, Article 105 provided that the powers, privileges and immunities of each House, until they were defined by the Parliament shall be those of the House of Commons in England. ADVERTISEMENTS: But after the above Amendment, Article 105 now provides that in other respects the powers, privileges and immunities of each House of Parliament or State legislature, and of the members and committee of each…

Legal Provisions of Section 76 of Indian Penal Code, 1860.Act done by a person bound, or by mistake of fact believing himself bound, by law:The whole section does not describe the defence of mistake of fact as is the general belief. The section can be divided into two parts, only the second part of which discusses the law relating to the defence of mistake of fact while the first part does not do so. The division is as under: ADVERTISEMENTS: (i) Nothing is an offence which is done by a person who is bound by law to do it.(ii) Nothing is an offence which is done by a person who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes…