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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 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 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 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 Read More

All to know about GST Returns

Saket Mohta

*DIFFERENT TYPES OF RETURNS 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

Outcomes of 32nd GST Council Meet

Saket Mohta

Outcome of 32nd GST Council Meet *1. Threshold limit increased to 40 Lakhs* Effective April 1, the GST exemption threshold has been raised from Rs 20 lakh to Rs 40 lakh. For hilly states and those in the North East, the threshold has been doubled to Rs 20 lakh. Earlier in a press talk FM said it will increase to 50lakhs, but it is increased to 40lakhs only. *2. Power to states* Now states will be able to choose if they want to keep the GST exemption limit at Rs 20 lakh or Rs 40 lakh, Jaitley said. *3. Composition limit increased to 1.5Cr from the present 1 cr* The existing Composition Scheme turnover threshold raised to Rs 1.5 crore. Those who use the scheme from April 1,2019 *4 Quarterly payment and Annual Return* Now Composition tax payers will pay tax quarterly, but file returns annually. *5 Composition scheme for services* Those providing services or mixed supplies (goods and services) with a turnover up to Rs 50 lakhs will now be entitled to avail Read More

Adultery No More a Criminal Offence; Section 497 of Indian Penal Code -Then and Now

Shreyash Mohta

WHAT IS ADULTERY? Adultery is a voluntary consensual relationship between a married individual and someone who is not his/her lawful spouse. Adultery is considered as legally wrong and is a punishable offense. The act of adultery is a crime which breaches the marriage vows and is detrimental to public morals. It is regarded as illegal in some countries and certain laws have been passed to keep a check over adultery. Although adultery is not a criminal offense, it may have legal consequences and the individual concerned may be penalized and punished especially if the case is pertaining to divorce. History: In ancient Greece and Roman world, there were harsh laws against adultery but these were applicable only if the female was married. But these laws were not relevant if a man maintained sexual relationship with a slave or an unmarried female. The Bible too forbids adultery and the seventh commandment clearly states this. In customary Judaism, both the parties were equally Read More

Mutual Divorce in India [Everything you need to know]

Shreyash Mohta

What is Mutual Divorce? To start of with knowing about what mutual divorce is all about let us first understand what is mutual divorce and what exactly does it mean. Mutual Divorce is when both the spouses [Husband and Wife] agree that they are unable to live together and the best solution for them is to get separated by way of a divorce, decided by them mutually and both the parties have consented to the same. They then present a mutual divorce petition jointly before the honourable court, having jurisdiction, without putting any allegations on each other. For example, if a married couple have been living separately for a period of 1year or more and that they are unable to live any further, and they have come to a mutual conclusion that their marriage has totally collapsed and that in no way can this be mended or made good, they can be granted divorce. Research says that one of the fastest ways of being granted a divorce in India is through mutual consent as other options linger Read More

Maintenance and Welfare of Parents and Senior Citizens – The Law, Provisions and Effects.

With the changing scenario of our society wherein the incidences of children leaving the old parents unattended are increasing, the lawmakers thought that it was pertinent to have a law enacted to safeguard the old and senior citizen during their sunset period of life. Since the senior citizens, mostly, are not capable of generating any income for themselves and thus if not taken care by the children and family members can be forced to lead a life of pauper, hence there was a need to make laws under which the parents and senior citizens can claim and ask for maintenance from their children. Keeping that in the mind the legislators enacted THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT in the year 2007. This Act and its provisions are welcome step and thus it created a bedrock ground for all the neglected and suffering parents to knock the doors of the justice of temple and seek the right of life by asking for maintenance from their children. Keeping the state, Read More

Age limit for Lawyers to be enrolled with Bar Council for Practice- Supreme Court quashes the rule limiting the age at 45 years.

The Supreme Court of India quashed the petition by the Bar Councils wherein the Bar Councils wanted to impose an age limit of 45 years for enrolling as an Advocate to pursue the career of legal practitioner. The Bar Council argued that the rule was enacted to protect the interest of the Advocates and to ensure the upkeep of the professional standards. The Council also raised a point that it helped in maintaining the uniformity in the profession across the states. The Apex Court while deliberating on the matter observed, “How can this be done? Lot of people enroll as lawyers after retirement or after their resignation. In fact, I know about one person in Karnataka who was under suspension and he started practicing law. He turned out to be one of the best lawyers in the state. These things do happen" The Bench also observed that the Parliament did not fix any upper age limit for pursuing the LL.B. course and degree and therefore by restricting the degree holders with age more Read More

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