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AN ANALYSIS OF THE LATEST DECISION OF SUPREME COURT ON EQUAL COPARCENARY RIGHTS OF A DAUGHTER IN HUF

The fact ‘right to property’ is important for the freedom and development of a human being has remained constant through ages. In India, property laws have been framed based on the customary laws prevalent which was patriarchal in its very essence. Laws were amended time and again to accommodate the changes based on the changes in societal landscape.   Background A woman in a joint Hindu family, had a right to sustenance, but the control and ownership of property did not vest in her.  In a patrilineal system, descent through the male line, a woman, was not given a birth right in the family property like a son. However, during the British regime, the country  became politically and socially integrated, paving way for the earliest legislature bringing women into the scheme of inheritance which became The  Hindu  Law  of Inheritance Read More

Lawyers in Delhi

Neha Roy

Introduction The profession of Law is unarguably one of the most noted professions given its nature of function. It holds immense value in the society with regards to the powers vested in this profession and the capacity that it holds in transforming a society. However, it is also among the most challenging professions of today. The profession of Law is governed by Lawyers, who are the legal representatives of the legislative and are entitled with authority to bridge the common man with the legal framework.  The profession holds a leading role in creating, managing and following the societal fabric constructed by humans. The legislative body is the reflection of the rational society and the whole structure of modern democracies is based on the legal framework of the state. The Lawyers are the representatives of this legal framework that runs a nation. In order to be a Lawyer one needs an extensive academic and professional training. A Lawyer in India needs a Bachelor Read More

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

ASHISH SAMAL

 ·        Despite many laws violence against women is on the high at all domains – private and public.  ·         Violence against women at different levels have contributed to women’s social exclusion and poverty.   ·        According to NCRB report one crime is committed to woman in every three minutes.  Crime Clock - India 1 Rape case – 29 mins. 1 Molestation case – 15 mins. 1 Sexual harassment case – 53 mins. 1 Dowry death – 77 mins. 1 Cruelty case – 9 mins     NEED OF THE ACT ·        THE PROTECTION OF DOMESTICVIOLENCE ACT” was introduced and came into force in 2005. It guarantees article14,15, and 21 of the Indian Constitution ·        This law recognizes the right of Read More

Hindu Succession Act

Question of Law 1.     Whether excluding daughter from the entitlement in HUF is valid? 2.     Whether unmarried daughter and married daughter have different titles in HUF? 3.     Whether the married daughter loses her privileges after marriage? 4.     Whether the law made in this behalf serves the objective of the legislation? Court Observation The Supreme Court consisting of the Division Bench of Three Judges before whom the matter was raised on some question of law with regards to The Hindu Succession Act. The Division bench after considering the matter filed before the court authored a 121-page judgment in which such issues were dealt at length, the Solicitor General of India at length while submitting the arguments presented various precedents to present the status of the daughter with regards Hindu Succession Act and landmark judgments decided by the Read More

Real Estate Regulatory Authority (RERA)

Neha Roy

Real Estate Regulatory Authority (RERA)  Real Estate Regulatory Authority also known as RERA is an act for promotion and regulation of the real estate sector for the sale of apartment, plot or building in a hassle free manner. It was enacted by the Parliament in May 2016. This act basically aims to secure the interest of the buyers and protect them from fraud sellers. Each state set up the Real Estate Regulatory Authority to regulate the real estate development. The provision is applicable to both commercial and residential properties. RERA aims to bring relief to the homebuyers and the builders will be held responsible for the delivery of the projects on time and thus it develops a trust between the buyers and the sellers. The developers need to get approval from different government authorities before launching any project and disclosure of all the details on the website is compulsory followed by which different state RERA guidelines will be set up. Any agents who Read More

Domestic Violence and Women Rights

Neha Roy

Domestic violence in India means physical abuse of a person by another person who is a blood relative and usually in general connotation it means the physical abuse inflicted upon a female by her male relatives within the confinements of home. The Section 3 of the Domestic Violence Act, 2005 defines it as follow; For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –  (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or  (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or  (c) has the effect of threatening the aggrieved person Read More

Contempt of Court

Contempt of Court   Contempt of court is any conduct that disrespect or disregard for interfering with or prejudice parties or with their witnesses during the litigation before the respective authority and administration of law. The Contempt of Courts Act, 1971 governs the contempt law in India. Then the judges of the court have the authority to pass sanctions such as sending the contemnor(the person who committed contempt of court) to jail for a specific amount of time or by imposing fines on those guilty of contempt of court.   Introduction   The act empowers the Supreme Court and High Court to punish acts of contempt. The Supreme Court and High Courts being courts of record have the constitutional validity to punish for contempt of court and the Contempt of Courts Act, 1971, according to the jurisdiction. Contempt of court can be understood as an offence of defying the court authority by disobeying the instructions laid by the court. The Act Read More

Laws governing a Knife

Laws governing a Knife  According to the case reports published by different authors, it is an understanding that knives or arms, in general, have its origin in the process of human evolution, the invention of these arms were made by humans for the purpose of hunting and self-defence. Knives from a long time have been part of the country’s culture it has been in the country in various sects or groups as the country now limited by the boundaries geographically but once was the land divided into the various kingdom.   Introduction As the speedy progress of humanity and the growth of civilization, it became necessary to introduce laws regulating actions of the human being in society. The laws introduced in the societies by various scholars understanding the righteousness to be practised by the mankind made some action void or illegal, such actions were against the mankind, and it would result in disrupting the harmony of the society. The early end of kingships Read More

Medical negligence and its Compensation

Medical negligence and its Compensation  Medical negligence in India has increased tremendously in the past few years. In recent times, the Indian Society is experiencing a growing awareness regarding the patient’s rights. Since the Consumer Protection Act, 1986, has come into force, patients are able to file legal cases against doctors, by establishing that they were negligent in providing medical service. Negligence is an act carelessly done by a person resulting in damages to the others. Negligence is an offence under the law of tort, Indian Penal Code, Indian Contracts Act, Consumer Protection Act (CPA), and so on. Medical negligence is basically the misconduct by the medical practitioner by not providing services and hence resulting in a breach of their duties towards patients. Negligence is the violation of a legal duty to care. Breach of this such duty gives the patient the right to initiate action for injury caused due to Read More

Interim Maintenance under the Domestic Violence Act

Domestic Violence is a type of abuse in the general domestic setting, such as in a marriage or cohabitation. Domestic violence usually gives rise to divorces between the couples as domestic violence is mostly witnessed in a marriage. In India, most of the wives file for a divorce due to domestic violence. In the times of Covid-19, the rate of domestic violence has increased rapidly due to the lockdown.   Domestic Violence Act: Interim maintenance Discussion regarding the payment of maintenance need always refer to Sec. 125 of the CrPC which has been upheld to pay maintenance to the wife in a divorce proceeding, such that her status and standard of living will be maintained. The general rule of thumb is that the maintenance depends on the wife’s own capacity of earning and maintaining herself, and this will always play a role in determining the court’s decision to award maintenance. This paper is regarding a specific version of maintenance, and special legislative and Read More

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