Alimony by Mutual Divorce

From the free consent granted to the parties to begin the relationship as spouses to mutual permission to separate as strangers, consent plays a crucial role in all stages of marriage. Mutual divorce and even alimony facilitate the formal separation procedure. Hindus, Muslims, Christians, Parsis, and Jews are the five major communities in our culture. Each group has its own set of personal rules based on religious texts, customs, and traditions. As a result, the grounds for divorce and alimony for a Hindu woman may differ from community to community. An...

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Dowry Cases in India: A Legal Study

Marriages, indeed, formed in paradise, but the mother-in-law, sister-in-law, husband, and other relatives are actively involved in the dissolution of marriage for the thirst of dowry. Dowry death, murder-suicide, and bride burning are indicators of a strange social sickness and an awful dowry cases trend in our culture. Since it is practised by practically every sector of society, regardless of religion, caste, or creed, India has experienced the dark ills of the dowry system in a more intense form in almost all sections of the nation during the previou...

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Road Transport in India- Advantageous or Disadvantageous?

Railways, roadways, airways and waterways, not to forget pipelines, how goods get transported from one place to another is known as transportation. Transportation serves as one of the main factors in defining a country's development, the transport system acts as a base for any setting's economic structure. So, Transportation aids in :Developing the arenas of trade, commerce and industry Removing the idea of immobility Discarding regional discrepanciesTermed as the most used mode of transport in the land of Gandhi, the roadways play an essential...

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Final Appeal: Civil law in India- A Check To Lower Court’s Ruling

There is no concept of appeal in the code of civil procedure, but there is no doubt that any request to an appeal court by a party seeking to set aside or overturn a lower court's ruling is an appeal. An appeal in its true sense gets defined as the complaint to a superior court for an injustice done or error committed by a lower court. In this case, the former is asked to correct or overturn a ruling or a decision. So, to have the lower court's decree reversed is a Statutory Remedy. Grounds of an Appeal The following grounds may get used to filing a...

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Categories:
Court Laws

SUPREME COURT: A COURT OF RECORD AND ITS POWER

The Supreme court, the Apex court of India, acts as an appellate court whose decision is binding on all other courts(i.e., District courts or High courts) of India. It also acts as a court of record under Article 129 of the constitution of India. A court of record, a court whose powers and proceedings get as reference for perpetuity and testimony. These records are of high evidentiary value and cannot be brought into question when presented before any other court. A court of record can punish and imprison for any offence, including the power to punish ...

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Categories:
Court Laws

Appellate: A Second Shot At Justice

Human judgements are fallible. Despite best efforts and the provisions ensuring a fair trial and justice, mistakes and errors cannot get ruled out completely. Therefore, the Code provides for the appeals, enabling the superior courts to review, revise, and correct the judgements given by the lower court. The Supreme Court gets the appellate and advisory jurisdiction. Appeals are not only a curative device. Instead, it serves a purpose of utmost importance. It provides the aggrieved parties with a certain satisfaction. The fact that the judgements del...

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Categories:
Court Laws

Kidnapping IPC – Offence insulting Liberty and Freedom

In everyday language, 'Kidnapping' gets derived by breaking two words: 'Kid' and 'Napping'. 'Kid' means 'a child', and 'Napping' means 'to steal'. Hence, the literal term for kidnapping stands for stealing a kid. Kidnapping gets described as the taking of a person against their will using force, threat or deception. Kidnappings in IPC are typically carried out to obtain a ransom or for political or other reasons. Section 359 of the Indian Penal Code divides kidnapping into two categories, further specified under the Indian Penal Code's Section 360 and S...

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Categories:
Criminal Law

Psychotropic Drugs – Types, Effects, Risks

According to an assessment using the WHO Assessment Instrument for Mental Health Systems (WHO-AIMS), almost all the countries in Eastern Mediterranean Region have psychotropic drugs on their national essential medicines lists. Still, only 36% of primary health care facilities in the region have a regular supply of essential psychotropic drugs. To support the integration of a mental health component into primary health care, countries must ensure a consistent supply of crucial psychotropic medications to all health institutions, including basic health ca...

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Categories:
Criminal Law

Car Crash and Provisions in Indian Penal Code for Accident

With more motor vehicles in India over the last several years, there has been a steep increase in road accidents. Road injuries and fatalities in a car crash have become a major public issue because it is one of the leading causes of mortality and permanent disability. This article provides a basic overview of accidents due to car crashes and the Indian Penal Code's provisions for them. It discusses the inadequacies in the punishing conditions of the parts of the act and, finally, underlines the critical need for change and provides solutions for the sa...

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Extortion 384 IPC – Punishment for Extortion

Extortion gets termed as an offence under section 383 of the Indian Penal Code, 1860.It also gets referred to as threatening a person to cause injury to him and inducing him to obtain any benefit or advantage from him.It's a dishonest inducement to make another person deliver any property or any valuable security or anything signed, sealed, which may get converted into any valuable security.Mere causing of wrongful loss would not be sufficient to establish a case of extortion. The offence of extortion gets completed when the property deliver...

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Categories:
Criminal Law