1. Ab Initio – From the beginning.
2. Actionable per se – The very act is punishable and no proof of damage is required.
3. Actio personalis moritur cum persona – A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.
4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.
Mediation can provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to preserve an amicable and sustainable relationship between the parties. These benefits become even more pronounced in situations displaying cross-border elements.
(1) On 26th Oct 1947, the Instrument of Accession was signed between the Government of India and Hari Singh, who was the Maharaja of Jammu and Kashmir. It was agreed that Jammu and Kashmir would become a part of India.
(2) On 17th Oct 1949, Article 370 was incorporated in the Constitution of India. According to this, Jammu and Kashmir was given a different Constitution and different Flag from India.
Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of State assembly will decide which laws will be applicable to Jammu and Kashmir.
Article 35A declares that which people are declared or decided to be a permanent resident of Jammu and Kashmir.
“Live in relationship like marriage is neither a crime nor a sin, though socially unacceptable in this country”.
The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. The Protection of Women from Domestic Violence Act 2005, is considered to be the first piece of legislation that covered relations “in the nature of marriage”, and has provided a legal recognition to relations outside marriage.
National girl child day is observed on 24th January every year, which tends to promote the rights of every girl child.
The theme for this year is- “Empowering Girls for a Brighter Tomorrow.”
The initiative taken by the current government to spread awareness among people about girl child is appreciable.
INSANITY DEFENSE AND THE ISSUES WITH IT
The concept of “responsibility” arises with most of the cases involving human conduct and presence of guilt, knowledge of the act and its consequences.
A person thoroughly oblivious about its surrounding, or unaware of the distinction between right and wrong, is not the one to punish.
The Central Vigilance Commission’s efforts to promote probity in public life and to achieve corruption free India. The week in which 31st October — the birthday of late Sardar Vallabhbhai Patel falls, is observed as Vigilance Awareness Week. The observance of Vigilance Awareness Week renews our commitment to achieve the
Adultery – No longer punishable in India “Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution.” A Constitution Bench of the Supreme Court today struck down Section 497 of The Indian Penal Code which penalises Adultery. The judgment was delivered
WHAT IS TRIPLE TALAQ? Very simply put, Triple Talaq is (now was) a form of instant divorce by Muslims (especially in India) (none of the Muslim majority countries practised this). Using Triple Talaq Muslim men can divorce their wife just by saying the word ‘talaq‘, three times either orally, in
Right to live with Dignity The honourable Supreme Court today in Nambi Narayanan’s case observed that Reputation of an individual is an insegregable (inseparable) facet of his right to life with dignity, and in this case fundamental right under Article 21 has been gravely affected. There can be no scintilla
CYBER CRIME IS A SERIOUS ISSUE! We live in the Age of Information where the effect of the internet is intense, particularly with the growth of social media like Facebook, Twitter, WhatsApp, Youtube and so on. These Social networking websites allow users to access information about one’s interests, opinions, real
Sedition is an offence defined in Section 124 A of the IPC.
As per this definition anyone who brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government by words spoken or written or by signs or by visible representation or otherwise is guilty of the offence of sedition.
It is often said that marriage under muslim law is simply a contract which unites bride and groom fulfilling certain conditions like consent, witness etc. But what I want to ask is “how can a marriage be a contract?”
Why are we putting a sacrament called marriage into the shutter of contract! Is it only because its essentials correlate or are similar with that of a contract. Is this why we have termed it as a contract?