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Is Second Marriage without Divorce Legal in India?

Is Second Marriage without Divorce Legal in India?

Punishment Under Different Laws for BigamyHindu Marriage Act: Under Section 17 of the Act, the punishment for bigamy is given, which states that if a person commits bigamy it will be dealt with under section 494 and 495 of the Indian Penal Code and it will be considered a criminal offence.Indian Penal Code: Section 494 of the Indian Penal Code said that if a person commits bigamy shall be punished with imprisonment for up to seven years or a fine... Read More

Post By Bhupender Tanwar

What is the Difference Between Divorce Decree and Divorce Certificate

What is the Difference Between Divorce Decree and Divorce Certificate

How to Register /filing for the procedure: Procedure to obtain divorce decree - To receive the divorce decree the parties have to file for divorce in the competent court, but prior to that it is beneficial to understand the difference between different types of divorce which are - Firstly for mutually consented divorce wherein the parties have decided to dissolute the divorce amicably, deciding on the terms and conditions of the settlem... Read More

Post By Advocate Sakshi Shairwal

Maintenance Under Section 125 of CRPC and the Domestic Violence Act

Maintenance Under Section 125 of CRPC and the Domestic Violence Act

Case laws: In the landmark case of the Shome Nikhil Danani v. Tanya Banon Danani, In this case, the married husband and wife were living separately. The wife was granted maintenance under section 125 of the CrPC. She filed a case in the trial court, seeking the maintenance under section 23 of the Domestic Violence Act. Her plea was rejected. But the appellate court ordered the filing of the fresh case. To which the Husband appealed that, Appellat... Read More

Post By Bhupender Tanwar

Disposal of a criminal case in India

Disposal of a criminal case in India

The traditional procedure for disposal of a criminal case involves the following steps - A plaint is drafted with the alleged violation of IPC sections by the accused. Or the court takes cognizance of the case itself. The accused submits a written statement either accepting the allegations or refuting them. The court then forms the frames and sets dates for examination of witnesses, evidence, arguments. Once both sides have presented their se... Read More

Post By Bhupender Tanwar

What is a Power of Attorney?

What is a Power of Attorney?

A durable Power of Attorney- it is also known as Irrevocable Power of Attorney in which a deed document cannot be changed in the future. A durable POA deed usually performed for the elderly or anyone expecting illness in the future. This type of POA is irrevocable in nature. This POA document created by the principal to authorize the agent with all its power which will remain with him even after the principal passes away or suffers from any menta... Read More

Post By Advocate Ashish Jain

Distribution of Property if there is no Will

Distribution of Property if there is no Will

Muslim Law of Succession: Non –testamentary inheritance of property takes place only after the death of the person and any child born into a Muslim family does not inherit property right after his birth. There are 12 shares in the property and the share of each person may vary under certain circumstances. These sharers are-HusbandWifeDaughterDaughter of a son or son’s son or son’s son’s son and so onFatherPaternal grandfatherMotherGrandmo... Read More

Post By Bhupender Tanwar

Medical Negligence and Liability of Doctor in India

Medical Negligence and Liability of Doctor in India

Medical Negligence law in India: There is no legislation specifically to medical negligence in India. However, the judicial precedence by the court was acted to give compensation to the victims. The supreme court in its several important judgments has tried to define the Medical Negligence law in India. Medical Negligence laws in India are not only covered under the criminal liability of a doctor or other medical practitioner but also in the civi... Read More

Post By Advocate Atishaya Kaushal

What are the Conjugal Rights for Divorce?

What are the Conjugal Rights for Divorce?

Rejection of the application of restitution of conjugal rights: There are certain cases where the court may deny the application for the restitution of conjugal rights, but there has to be a proper reason for the denial of the conjugal rights which are as follows:If the spouse or the defendant is staying away or apart is due to any type of matrimonial issues or problems then the application may be denied.If the spouse or the petitioner has commit... Read More

Post By Adv. Kishan

Is Polygamy Legal in India

Is Polygamy Legal in India

Polygamy in the Muslim marriage act under Islam has not been abolished in India but it is also not very widely followed and is often removed from the scene via a special clause introduced in the marriage contract by those who find it morally offensive. The groom, or the bride-to-be, may assert monogamy as a mandatory condition in marriage and, once signed, it obligates the parties to not enter into any formal or informal marriage contract with an... Read More

Post By Advocate Atishaya Kaushal

Renew Birth Certificate in India

Renew Birth Certificate in India

Online MethodThe offline procedure has its pros such as people who are not well equipped with technology can get their copy of birth certificate without being worried about how to use the internet to go about the process. But for people who can apply online, it’s better to do it as there is a lot of rush in the municipal office.  It is flexible to apply online as there is no time period which is not the case in offline applications. The online... Read More

Post By Bhupender Tanwar

Protection of Children from Sexual Offences

Protection of Children from Sexual Offences

ProcedureA 2007 study on child abuse by the Ministry of Women and Child Development showed that about 53.22% of children are facing one or more forms of sexual abuse, most of which are not even reported due to fear, shyness, or external pressure. Thus, there is an immense need to make it child-friendly so that they can avail themselves it. The procedure followed is as follows:Medical Examination of the Child - After it is acknowledged that an off... Read More

Post By Advocate Jobee Paul

How to Deal with False Cheque Bounce Case?

How to Deal with False Cheque Bounce Case?

How would you deal with a False Cheque Bounce Case?The victim in such cases need not worry much about it as it is a false accusation and generally easily proved with the valid documents that there was enough balance or fund in the bank account of the issuer which would ensure there was no cheque bounce. Some important measures to take when a situation of false cheque bounce arises: Collecting all the important documents – The most wise and s... Read More

Post By Adv. Kishan

What are the Laws Related to Maintenance in India?

What are the Laws Related to Maintenance in India?

Section 125 of the Criminal Procedure Code, 1973 This section provides for maintenance not only to the wife but also to child and parents. Court can direct a husband who neglects or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to the wife, provided the husband has sufficient means. However, if the wife is living in adultery, or refuses to live with husband without any sufficient reasons, or living ... Read More

Post By Advocate Kajori Deb

What is Difference between Trademark and Copyright?
IPR

What is Difference between Trademark and Copyright?

Protection under CopyrightAs discussed earlier, copyright is granted only for the distinct and original work of the author. It is granted for such works that are artistic and creative in nature. These rights are exclusive and available only to the author or creator to restrict anyone from copying his work. There is also a DMCA ie Digital Millennium Copyright Act enacted by the United States of America. It condemns the cremation and scattering of ... Read More

Post By Advocate Gaurav Shukla

A Complete Guide on Domestic Violence

A Complete Guide on Domestic Violence

Legal Aspect of Domestic ViolenceDomestic violence (both mental and physical) is mentioned in Section 498 A of the Indian Penal Code, 1860. The nature of Domestic violence is essentially civil but the legislations prescribe that the courts have to proceed in such cases as per the Code of Criminal Procedure (CrPC). The law is made to protect the civil rights of women. However, it is not applicable to all domestic cases of various types. It means t... Read More

Post By Advocate Amit Kumar

A Purview of Cyber crimes in India including Its Way Out

A Purview of Cyber crimes in India including Its Way Out

Documents Required for Filing Various Complaints For Email Based ComplaintsA written statement briefing about the offenseA copy of the spam of suspected email received by the original receiverThe complete heading of the suspected emailHard and soft copy of the alleged emails along with headersThe soft copy should be a copy in a CD-R format Thefts Regarding Social Media ComplaintsA screenshot or copy of the alleged contentA screenshot or copy li... Read More

Post By Advocate Atishaya Kaushal

How is Property Dealt with In Case of Divorce?

How is Property Dealt with In Case of Divorce?

Who typically gets the house in a divorce?As the marital home is the ultimate and the exclusive asset of the spouse, it is necessary that the ownership of the property is cleared. It not only involves the married couple but also their entire family. They are emotionally attached to the property as well. But, the law is above all the emotions and hence the judge would give the decision of the house in favor of the owner of the house. We all know ... Read More

Post By Advocate Pooja M Sathe

Everything you should know about the Agriculture Bills, 2020

Everything you should know about the Agriculture Bills, 2020

What are the Features of the bills? The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020: This Bill replaces the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020.Trade of farmers’ produce: The bill permits inter-state trade of farmers’ produce outside: (i) the physical premises of market yards run by market committees formed under the state APMC Acts and (ii) other markets report... Read More

Post By Kumkum Sharma

Gambling and Casinos- Legal or Illegal in India?

Gambling and Casinos- Legal or Illegal in India?

The Public Gambling Act, 1867 ("Gambling Act") is the overall law administering gambling in India. Nonetheless, the state governing bodies, under the Constitution of India, have been depended with noteworthy administrative breathing space to frame state-explicit gambling laws. The Gambling Act is the central enactment which has been received by specific states in India and other states have enacted their own enactment to manage and oversee gaming... Read More

Post By Jonica E

Employment during the times of Covid-19

Employment during the times of Covid-19

Since the outbreak of COVID-19 pandemic in India, the unprecedented nation-wide lockdown mandating closure of commercial, private and industrial establishments (with limited exceptions) has been extended from time to time since 24.04.2020. The COVID-19 pandemic represents a major public health challenge and is having serious economic and social impacts. Special attention should be given to protecting migrant workers in the informal economy by pur... Read More

Post By Advocate Darpa Pattanaik

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Is Second Marriage without Divorce Legal in India?

Is Second Marria...

What is the Difference Between Divorce Decree and Divorce Certificate

What is the Diff...

Maintenance Under Section 125 of CRPC and the Domestic Violence Act

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Disposal of a criminal case in India

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