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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 whil... 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 to... Read More

Non Judicial Stamp papers do not have any VALIDITY as to the USE OF THE DOCUMENT - SUPREME COURT

Vedant Lakhotia

The validity of a Non Judicial stamp paper is not barred by Time Limitation as per the Apex court in relation to its use. The Apex court clearly stated that NOWHERE in the Indian Stamp Act it is mentioned about the validity of the Stamp papers. The INDIAN STAMP ACT clearly mentions that if any person possess a stamp paper of which he has no immediate use can return the Stamp paper to the collector (provided that it is not spoiled, rendered unfit or useless) for seeking refund of the value of the stamp paper PROVIDED IT WAS PURCHASED WITHIN THE PERIOD OF 6 MONTHS NEXT PRECEDING TO THE DATE OF SURRENDER.. The stamp paper do not have any EXPIRY period. The stipulation period of 6 months is only for seeking refund of the value of the Stamp paper and NOT of it's use. There is no IMPEDIMENT FOR A STAMP PAPER PURCHASED MORE THAN 6 MONTHS PRIOR TO THE DATE OF EXECUTION TO BE USED FOR DOCUMENTATION. Read More

Bad Handwriting - An Analysis

Vedant Lakhotia

Our handwriting is the first thing that comes to the notice even at the time of our signature. There are of course in-numerous instances where a good handwriting is appreciated over others…... During childhood days parents and teachers lay some emphasis on handwriting as they need to be legible to fetch marks and that of course carried some marks as well…… It has always been a matter of high pride for a person whose handwriting is beautiful… At times when writing on a gift card or making a gift which requires a beautiful handwriting or is a piece of handwritten work, in order to add elegance to the gift the persons with good handwriting are preferred over those who are clumsy…. But none ever thought about the person whose handwriting was not so beautiful….. What was the reason behind the same? The reason behind their handwriting not being beautiful is not because they have the habit of messing with the words or were not in love with what they want to write or they do... Read More

Right to privacy – can it be an absolute right?

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Let me begin with the disclaimer that there’s nothing legal in this blog. As we develop into more modern civilization we start becoming more complex although we keep harping that we are trying to make life and living simple.  We want absolute right of freedom of speech and expression at one end of the wanting stick and absolute “discretionary” privacy at the other end of the stick. Why discretionary, because it depends on my choice when to exercise it and when not to. Ok so by asking for right to privacy, we are trying make North and South meet. Will we succeed? Let’s find out.   Basically, we all are animals; hence it makes it makes lot of sense to start from the basics. In the animal kingdom, the right of privacy is exercised by making a demarcation by the animals. And how do animals do that? By urinating and leaving potty marks. And bingo, the other animals (of the same species usually) do respect that and do not try to invade the territory so marked. So, the privacy r... Read More

New ground of Divorce - Supreme Court

Vedant Lakhotia

There are many ground  for divorce as stated in the Hindu marriage Act as amended up to date, but the Supreme Court has allowed one additional ground of divorce which is a very Welcome approach and upholds the BAR of INDIAN CULTURE. In INDIA marriage is not between two persons only but it is between two families. It is expected that the couple will take care of each other parents as their own parents which is unlike in other foreign countries where the children leave their parents to die in old age keeping their parents aloof from the love of the children and off springs and are left to die at OLD AGE HOMES at that age when they most require it as because the old age of the parents in considered to be the childhood of the parents. The parents at the ir young change NEVER DISREGARDED OR ABANDONED their children when they needed their parents and now at OLD AGE THEY ARE BEING DISCARDED AND DISREGARDED. The Apex Court has held that if a Wife forces her husband to leave his parents t... Read More

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Vidhikarya Finishing School

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HUMAN SHIELD: A BROKEN ARMOUR

Parth

One of the most interesting episodes in the Hindu mythology is the death of Bhishma. Gangaputra Bhishma had the gift of choosing the moment of his death. Bhishma could not be killed unless he lowered his bow in battle. He would lower his bow only before a woman but no woman was allowed to enter the battlefield. Thus the idea of using Shikhandi surfaced. Shikhandi was born a woman, raised as a man and later acquired male genitals from a Yaksha. He was taken into battle as Arjuna’s body armour. Bhisma refused to fight him/her. Arjuna took advantage of this and using Shikhandi as a shield, Arjuna shot arrows at Bhishma, piercing his entire body. Finally, Bhishma gave up the fight. May be it was impossible for the Gandibdhaari to kill Bhishma all by himself and thus he used Shikhandi as a HUMAN SHIELD to kill Bhishma.                                                                                                                                                                   This piece f... Read More

Right to education-Tryst with Destiny

Kishlaya Mishra

Introduction Right to education is the act of parliament by which the intent of the government is to provide each and every poor child i.e who is below poverty line and is between the age of 6 to 14 free and compulsory education. By passing of this act and being sanctioned by the President now it has become a fundamental right under the wide interpretation of article 21A of our constitution. Evolution Right to education is not a totally new step. Prior to this, the root of RTE can be traced from  National Policy  of Education 1986. This was a policy which was totally setup on a constitutional mandate in order to provide basic education to the citizens of India. Main aim was to make education in such a way that one after getting basic education can be qualified to get a job for living. It was a job oriented policy. It wanted to curb out illeteracy. The following points were its main objectives- 1. Vocationalizaiton of Education. Particularly, at the secondary stage of educa... Read More

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