Concept of Divorce Laws in India

India is a country with multiple religions and each of these religions have their own set of personal laws. Marriage, for example, is a social institution that can be governed by either the religious laws or the secular laws. Similarly, for divorce too, a couple may choose to follow either of the laws they chose at the time of the marriage. This article deals with divorce under the personal laws for Muslims and Hindus and the Special Marriage Act. A major fundamental difference between the two religions from the point of view of marriage is that Hindus view marriage as a sacrament, a bond which they initially felt would have no breaking point whereas Muslims see marriage as a contract between the two parties. Under the Special Marriage Act, 1954, marriage between the individuals is done through registration. Accordingly, the terms for divorce also vary with the laws. This article explains the various types and procedures of divorce under the laws and their implications in a simple and comprehensible manner.

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Prevention of Medico-legal negligence:Caution for doctors

The Article strives to guide as a cautionary note with specific emphasis as guidelines for the doctors to avoid unnecessary litigation and the caution to be taken when dealing with their patients to maintain a balance of confidence between them. The Current provisions of law as well as recommendations for rectification in the measures as prescribed currently have been enunciated with the help of a study to bring the emerging issues of negligence to the fore.

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From Sullivan to Shreya Singhal – The Evolving Free Speech and Chilling Effect

Free speech is a sine qua non for democracy. One person’s free speech can threaten the security of the state, or can hamper tranquillity in the society or affect decency and morality, could lead to contempt and also infringe other person’s right(s), to check and balance these things laws are made to regulate free speech. Any such restriction on free speech must stand the test…

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Citizenship Amendment Act 2019 (CAA): Assault On Indian Democracy

India recognizes an individual as a citizen by virtue of birth, descent, registration, and naturalization pursuant to the Citizenship Act of 1955, which takes effect from Part II of the Constitution, namely Articles 5 to 9. Under the previous regime, the Citizenship Act was amended 5 times i.e. in the years of 1986, 1992, 2003, 2005 and 2015. Another amendment was broached by the current Modi…

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The Rebirth Of Legal Vacuum – Article 304 Of Nepal Constitution

Nepal witnessed a change of constitution for 6 times in its 68-year long history of constitutional development. The struggle to get a constitution that embodies a democratic representative system and put an end to the monarchial revival happened only in the year 2015. This constitution embraced the principles of republicanism, federalism, secularism. In spite of the long-drawn struggle to fruition of a stable constitution, it…

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Corporate Entity and its privilege against self incrimination

Article 20 (3) of the Indian Constitution provides that “No person accused of any offence shall be compelled to be a witness against himself.” This article can find its roots from the maxim “Nemo Teneteur Prodre Accussare Seipsum” which means No man is bound to accuse himself. The provision borrows from the Fifth Amendment of the American Constitution which lays down that, “No person shall be compelled in…

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Amalgamation of an Indian company with its foreign subsidiary company: Corporate Restructuring Method.

This article primarily deals about the procedure and steps to be looked upon while amalgamating an Indian company with its foreign subsidy as per the Indian laws. By amalgamation we mean that, the newly amalgamated company is constituted in India. Thus a company needs to understand the implications under company law, taxing statutes and other relevant provisions under foreign exchange law to undergo this method of corporate restructuring .

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Look out Circulars – A mechanism which prevents high-profile Individuals from absconding the Country

Look out Circulars (LOC) have been on a rising against high profile individuals like Chanda Kochhar, Vijay Mallya, Naresh Goyal, P. Chidambaram and many more in the past couple of years mainly due to the apprehension of such individuals leaving the country after allegedly committing an offence. Look out circulars are issued by the Government to prevent and monitor the entry or exit of persons…

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Extradition in India Used as a Mechanism to Get Offenders to Justice

“The Extradition Act is a special branch of the law of criminal procedure. It deals with criminals and those accused or convicts of certain crimes with an intention to bring them to the system of criminal justice”.[1]The Indian Extradition Act, 1962 (The Act of 1962) prescribes India’s legislative basis for extradition. It provides the law relating to the extradition of criminals from India to foreign…

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A New Light in Structure of the Dispute Resolution Machinery, ‘Dispute Resolution Committee’

With an arising need, a ‘demand’ is paved. Consequently, to a demand, comes a development. The development, in this case answers the calls of multiple developers who required a platform to be constructed to answer their demands as well as their issues be picked and resolved through a government machinery. The newly structured mechanism, termed as ‘Dispute Resolution Mechanism’ (“D.R.M”) was discussed at length in June and notified through an orders in September, 2019 by Ministry of New and Renewable Energy (“MNRE”) The need arose from the power distribution companies facing massive losses arising out of high tariffs being charged by the solar/wind developers. This was supplemented by a prominent need to strike and bring upon an adjudicating body to resolve issues between the parties, including, the various developers and the Solar Energy Corporation of India (SECI) and National Thermal Power Corporation (NTPC). The Framework elaborates on how the authorities are bound to proceed and enunciates a hierarchy to be followed in the line of adjudication.

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