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Procedure of mutual divorce under Hindu law.

Sayaree Ganguly

Divorce by mutual consent. Divorce is the process of putting an end to the marital union of two married individuals.  It usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.Divorce under Hindu law are of two types. 1. Contested- Here one spouse decides to get divorced from the other on the grounds mentioned under sec 13 apart from sec 13(b) of the Hindu marriage act , 1955 . Either the husband or the wife files a suit for divorce in the nearest District court where the parties are residing. The grounds for contested divorce can be adultery, cruelty , conversion to other religion, civil death etc. Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparat... Read More

Property Rights of Women

Shreyash Mohta

PROPERTY RIGHTS OF WOMEN IN INDIA The rights of women in India have been curtailed and have been put to great scrutiny. Property rights of women were disallowed and they were said to have absolutely no rights whatsoever after they get married as they would belong to a different family tree after marriage and as such would also relinquish all possible rights they would have after they get married.  In India, there are broadly two systems which are followed for the basis of property division1.     The Mitakshara System       AND 2.     The Dayabhaga System.  Under the Mitakshara System, the wife has no claim of partition and cannot demand partition. She can however have a right to get a share in the property if such partition is affected between her husbands and her sons. Under the Dayabhaga System, the wife cannot claim the above right because partition in such joint property is disallowed. In... Read More

Thailand Scammers Sucking Indian Importer's. (Double A Paper Scam)

Global Scammers, if you are related to international trade this article will be immensely benefited to you. The business of import export has it's own glory of several years and in today's era every one wants to GO GLOBAL cross the geographical boundaries and penetrate in new market.But BE WARE there are some scammers active in global market and creates big troubles for you, so in this article I will discuss Double A paper scam of Thailand. Let's Start.The group of scammer active on whats'app they pretend that they are mass suppliers and can export A4 size copier paper (paper used in photocopy, office stationery etc.)Double A is a famous brand of paper in Thailand, the scammers pretend that they are sales manager and can arrange bulk quantity of papers in a very cheap price one rim approx 0.70 USD which is not possible as they don't have material so offers very low price.They always offer C.I.F terms and demands advance 100% first and if you will say;"how can make advance 100% first ti... Read More

Lawyers’ Profession – Trial and Tribulations associated with it and the Need for Supportive Welfare Scheme.

There is no such profession like a Lawyer’s profession wherein you are not sure about your future career once you have passed out of the law college and still keep evaluating your choices for next 5-6 years to come. All the young law graduates have this basic dilemma after the college, that what they are supposed to choose and do to excel in this career of legal profession. Almost all of them do harbour a dream and a strong desire to practice in the Indian Courts and be a successful litigation lawyer. Alas! Very soon they realize that the practice path is not bed of roses and full of thorns unless their forefathers have already established the profession as practising Advocates. The path becomes more painful when the fresh graduate is a first-generation lawyer and wants himself/herself to establish as a litigation lawyer.Everyone knows that to get a mentor and senior, who can lead the career path holding the hands of the young lawyer, is so difficult and on top of that it is almost neg... Read More

THE CRIME OF MARITAL RAPE AND INDIAN JUDICIAL PROVISIONS

sahista aslam

MARITAL RAPE:Rape is a heinous crime in the society, in India rape is the 4th highest crime and mostly women are the sufferers, there are many cases where rapes do not get registered because of shame or due to financial problem. The children who do not know the meaning of rape are also not safe; they are also a victim of this crime. Though we have provisions in INDIAN PENAL CODE against rape but marital rape is still not a crime in India.In simple term Marital rape means “rape committed by a person to whom the victim is married”. Marital rape is not new in India and mostly women are the one who are suffering from this disgusting crime. According to the cultural belief, marriage is the duty of a wife to make his husband happy and marital rape is not a crime as the husband is the owner of the wife in every manner after marriage. Marital rape is a shameful act as it destroys the victim emotionally, physically and psychologically it is an act by which a man forces himself upon her wife wit... Read More

DOMESTIC VIOLENCE IN INDIA AND THE LEGAL PROVISIONS

sahista aslam

DOMESTIC VIOLENCE:-When a person abuses another person to gain control or authority over the other person by means of abusive behavior/manner or way is called domestic violence. Domestic violence takes place between close relationship and within the family. Domestic violence includes any kind of violence suffered by a person from a biological relative. Domestic violence is neither a onetime violence nor does it happens automatically. It is a ongoing process, It does not happens with women only but almost everyone who is suffering from VIOLENCE whether it is a child, elder ,or husband. It takes place to infiltrate fear or dominance over other, the abusive partner or individual adopts this behavior because of the following reasons:-·       It happens because of anger issues ·       To use their power on a weak person,·       The habit to dominate other,·     &... Read More

All about GST

Saket Mohta

Heyy!!..Want to know about GST??Here are some basics to GST ..Q. What is GST in India?A. GST is an indirect tax levied on supply of either goods, services or both at every step of production process, but is also refunded to all the parties as a part of production process excepting the final consumer.Q. Why was GST introduced in India?A. GST has been Introduced in India basically to remove the cascading effect of tax and also to reduce the burden of tax payers from a bulk taxation compliance to only one tax compliance which is GST. Moreover different indirect taxes which were charged pre gst regime had different rates according to different state requirements and lot of documentation processes which made ot difficult and tedious for business entities to work with.By implementing GST the government has tried to bring a concept of "One Nation One Tax" and also reduce the documentary burden as everuthing has been digitalised Q. What are the types of GST?A. Types of GST comes with the conc... Read More

Divorce under Hindu Law

Sayaree Ganguly

Divorce under Hindu law Divorce is the process of terminating a marriage or marital union. It usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry another person. The concept of divorce arises from the concept of marriage. Marriage, also called matrimony or wedlock, is a socially or ritually recognized union be... Read More

Offences under GST

Saket Mohta

When has anyone committed an offence under GST? There are several offences under GST. For easy understanding, I have grouped them as- 1. Fake/wrong invoices A) A taxable person supplies any goods/services without any invoice or issues a false invoice. B) He issues any invoice or bill without supply of goods/services in violation of the provisions of GST. C) He issues invoices using the identification number of another bonafide taxable person 2. Fraud A) He submits false information while registering under GST. B) He submits fake financial records/documents or files fake returns to evade tax. C) Does not provide information/gives false information during proceedings 3. Tax evasion A) He collects any GST but does not submit it to the government within 3 months. B) Even if he collects any GST in contravention of provisions, he still has to deposit it to the government within 3 months. Failure to do so will be an offence under GST. C) He obtains refund of any CGST/SGST by frau... Read More

All to know about GST Returns

Saket Mohta

*DIFFERENT TYPES OF RETURS TO BE FILED BY A REGISTERED NORMAL TAX PAYER IN GST REGIME* *1. GSTR 1* - This consists of all the details of the sales made during a particular month alongwith the tax figures, HSN Codes and No of Vouchers Issued *2. GSTR 2* - This return consists of the purchase vouchers which the seller has not shown in his/her GSTR 1 which inturn is not flashing in your GSTR 2A, Those missing invoices has to be uploded in GSTR 2 from the end of the buyer for a buyer-seller reconciliation. Features of this return is same as GSTR 1 in other words you can say that you are filing the GSTR 1 of the seller in your own portal to be on the safe-side for the ITC claimed thereto *GSTR 3B* - This return consists of only the tax figures of ITC claimed in inward supplies (purchases) in Table 4 and Tax-payable in outward supplies (Sales) in Table 3.1. This also includes inward and outward supplies liable to reverse charge for both inward and outward supplies *Important... Read More