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Right Of Sons And Daughters On Father’s Property

Mayank Vats

Introduction In India, every child has various rights as a coparcener in the ancestral properties. The Hindu Succession Act does not treat sons and daughters in varied ways which conceivably is the pleasing remarkableness of the Act. The Hindu Succession Act has fair and equitable provisions for both sons and daughters. Both sons and daughters are the joint owners of the property and if they want their respective share, they can go on to file a suit for the partition of the property. It possible for a son or a daughter to amass a discrete property and at the same time, they also possess a right to sell or give away their share in the ancestral property as well as the self-obtained property to any third party or stranger. They cannot be restricted to get indulged into the transactions of sale and purchase of their property, hardly matters whether they acquired that property as a coparcener in the ancestral property or they obtained it separately. Furthermore, it is also an Read More

On What Grounds Can A Passport Be Revoked?

Mayank Vats

An Overview The Passports Act, 1967 is an act of the Indian Parliament for the purpose of issuance of passports and travel documents, to control and monitor the departure of Indian citizens from India and to supervise and oversee the other similar affairs. This Act is applicable to the entire territory of India extending to the Indian citizens residing outside India. The Indian Passport Ordinance 1967 was replaced by the Passports Act. The Passports Act 1967 was enacted with retrospective effect from the 5th day of May 1967 by Act 15 of 1967. This Act sets out the course of actions involved in obtaining an Indian Passport. In compliance with the rules and standards of Article 9 of the Constitution of India, dual citizenship is not permitted by the Act. As specified in Section 12 of the Act, it is essential for a person to give up his/her passport if he/she has obtained the citizenship of any other country. The reason behind the enactment of the Passports Act was to keep an eye Read More

When A Boy And Girl Elope, Girl’s Family Often Files Complaints Of Rape And Kidnapping. What Can The Boy Do In Such Circumstances?

Mayank Vats

What is Elopement? Elopement is nothing but an act of running away for the purpose of getting married which could be for various reasons. However, elopement could also be viewed as a marriage concluded in a very secretive, unexpected and sudden manner. It generally involves a very fast and expeditious running away from one’s place cooperatively with one’s loved one with an aim or plan of getting married. In India, it is usually witnessed that an act of elopement takes place for the reason that the people who intend to get married want to avoid different kinds of objection from parents and relatives or religious barriers. In India, for an elopement to be valid and legal, it is necessary that both the parties involved must be major according to law (Minimum age of 21 years for a boy and 18 years for a girl) and the elopement must be consensual. There must not be the presence of any kind of force or threat in order to get the elopement accomplished. An act of elopement is Read More

Playing the National Anthem in Cinema Halls; Sign of Respect or Disrespect to the Anthem?

Mayank Vats

An Outlook In this article, I would be arguing whether playing national anthem in the movie theatres is a gesture of respect or a sign of disrespect to our national anthem. It is a direction of the Honourable Supreme Court of India to play the national anthem before the commencement of movies in the movie theatres all across our country. As it is a decision passed by the Apex Court of our country, we all must respect it. The reason behind this ruling is to bring all the people of our country together to show their love and respect for the national anthem as well as their nation/motherland and to make them united. However, it is also an undeniable fact that this particular imposition is arguable. It is certainly true that this practice of singing the national anthem in cinema halls would portray a gesture of respect to the national anthem. However, at the same time, it might also be very difficult to prove a person wrong if he/she argues that this practice has a tendency of Read More

How a mother of two is trying to re-initiate the betterment of legal services in India

admin

Her day starts with mental planning on what to cook for breakfast for her two sons and what to pack for their lunch breaks in school. The younger one, 4 years old, goes to school at 8.00 am and the older one, 7 years, at 9.30. The enterprising mind gets set from the very morning when she has to ensure that both the kids are well fed, bathed, dressed and sent to school with smiling faces. Once the kids are in the school bus the mom changes the role to entrepreneur, business women and the Chief of the office. She remains in this mode for almost next 10 hours everyday. She is Suparna Moitra, an ex Infosys and Accenture employee turned into an entrepreneur by desire and not by compulsion. Suparna worked for the IT giants for more than 15 years and took the plunge to start a business and the sector which she chose was certainly not the most lucrative one. She chose to bring in the much needed change in the legal sector which, without any contention is full of grey areas and has lot of Read More

Playing the National Anthem in cinema halls – Matter of respect or disrespect

Vedant Lakhotia

The National Anthem which used to be played in the cinema halls of Maharashtra and Chhattisgarh had the idea of Unity along with respect for the Nation which is vastly diversified in caste, religion and region and therefore as it was useful for these states it was thought that the same would be useful for others states as well but the same was adding disrespect because one of the judges Justice Chandrachud said that he had witnessed people leaving the cinema halls when the National Anthem was played after the show. Taking on the submissions from Attorney General K. K. Venugopal wherein he stated that playing the National Anthem would be a "unifying force" so that "when people come out of the theatre they will believe that we are all Indians". And further added that "Its purpose is the loyalty of the population, to neutralise divisiveness, foster unity in diversity. It is the duty of every citizen under Article 51-A (a) to abide by the Constitution, respect its ideals and Read More

Misuse of Section 498 of IPC in the name of Woman Empowerment

Section 498- Misuse of Women Empowerment. The section 498 & 498A came into effect in the year 1983, empowering the woman with stand-up & raise their voice pertaining to dowry demand of her husband & his relatives. Before 1983 any harm caused to the wife in relation to dowry was dealt with sections of IPC relating to cruelty, grievous hurt, murder etc, but since, in most cases convictions were not possible because of lack of clarity as to what constitutes domestic violence relating to dowry & also most of the laws which governed the domestic violence related matters were bailable. So, the parliament in 1983 incorporated section 498 & 498A so as to constitute the offences of violence related to dowry. The reason for such amendment was that with the increase in dowry related violence & death, the convictions were mere. In most cases the conviction was not possible as because of lack of clarity, what matters to look into in order to make a conviction were not Read More

RERA – Face of Change for the Real Estate Lobby

Vedant Lakhotia

Before the advent of RERA (Real Estate Regulation Act) there was utmost difficulty that was faced by consumers for various reasons which include delayed delivery and change in project layout amongst many others is estimated to be eased by the enactment of this Act. The basic reason behind this ease is the penalty clauses that are there in this Act which is there for non-performance or deficiency in services. The unreliable builders will now have the fear and threat that their actions are being watched out and they shall not be allowed to roam freely post doing unlawful acts or by not delivering services up to the mark as now there is an Enactment which is having strict compliances and for every non-compliance the penalties and fines are hefty in nature. It has also benefited the builders as now they can approach the Regulator in case of any issues with the buyer etc.   The RERA bill was introduced in the year 2013 and finally the bill got approved in march last year. Read More

An old ARM of Divorce gets nailed by Supreme Court by imposition of Permanent BAN on it - TRIPLE TALAQ

Vedant Lakhotia

The APEX COURT has declared that TRIPLE TALAQ is CONSTITUTIONALLY INVALID. The five judge bench of the Supreme court consisting of judges from different religions to certain extent unanimously agreed to the fact that this old ARM of divorce that vested in the hands of married men of the Muslim community empowering them to get separated and desert their wife by pronouncing the word TALAQ thrice. This sort of empowerment in the hands of married men of the Muslim community can be traced back to a 1400 year old custom which was followed very rigorously and with the passage of time the same has been coupled with technology and it is quite a scene to be open to, that these men are using the same over facebook, watsapp, snapchat, viber, emails etc just to name a few. With the advent of time and INDIA standing up on its 70th year of Independence was in the clutches of this CUSTOMARY element which makes the women completely powerless and inferior tin comparison to men. The Supreme court Read More

Refrain from Issuance of NON BAILABLE WARRANTS at First Instance

Vedant Lakhotia

The Hon'ble High Court of Madhya Pradesh has advised Trial Courts to NOT to issue Non Bailable warrants in a routine and mechanical manner. The Hon'ble High Court asked the trial courts to try to secure the presence  of the  accused on the next date by way of bailable warrant in the first instance. As per the provisions of 70(2) of CrPC the Courts have the power vested in them to recall the warrant of arrest and the same can be exercised suo moto. Personal appearance of the accused in not mandated under the provisions and the same can be decided in his absence by deciding it one way or the other. The power should not be used in such a manner so as to result in hardship to the person so sought to be produced way of Non bailable warrant. The usage in that way would hamper the interest of Justice. Although the Court of other states are not inclined to follow the advise of the High Court of Madhya Pradesh but if the same is followed then the Interpretation of LAW would be more Read More

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