Author Archive

Protection of Women from Domestic Violence

Protection of Women from Domestic Violence

The Protection of Women from Domestic Violence Act, which came into existence from 26-10-2006, is a remarkable piece of legislation in the history of Independent India. It is considered as an achievement of various human rights activists and women’s groups. Domestic Violence is a gender specific violence, directed against women, and it occurs within interpersonal [...]

SUCCESSION CERTIFICATE

SUCCESSION CERTIFICATE

A District Judge within whose jurisdiction a deceased person resided at the time of his death or within whose jurisdiction any part of his property was found may grant the Succession Certificate under the Indian Succession Act. Application to the District Judge shall contain the details which include the time of the death of the [...]

WRITS

WRITS

Article 226 of the Indian Constitution confers upon the High Courts wide powers to issue orders and writs to any person or authority. Before a writ or an order is passed, the party approaching the court has to establish that he has a right and that right is illegally invaded or threatened. High court can [...]

RESTITUTION OF CONJUGAL RIGHTS

RESTITUTION OF CONJUGAL RIGHTS

Section 9 of the Hindu marriage Act, 1955 provides for restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of [...]

Restrictions on …agricultural lands

Restrictions on …agricultural lands

In Karnataka there are many restrictions on the holding or transfer of agricultural land by persons or families. No person who, or a family which has an annual income of not less than two lakhs rupees from sources other than agricultural lands shall be entitled to acquire any agricultural land, whether as landowner, landlord, tenant [...]

Ownership of Apartments

Ownership of Apartments

Each apartment, together with its undivided interest in the common areas and facilities appurtenant to such apartment, is a heritable and transferable immovable property. An apartment owner may transfer his apartment and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartments by way of sale, mortgage, gift, exchange [...]

RIGHT OF PRIVATE DEFENCE

RIGHT OF PRIVATE DEFENCE

Chapter IV of the Indian Penal Code, 1860 contains some interesting rights available to a citizen, from sections 96 to 106 under the caption, “Right of Private Defense”. This is an exceptional area where the law permits the victims to react, when they themselves or their fellow beings are subjected to an offence. In fact [...]

OFFENCE OF CHEQUE BOUNCING

OFFENCE OF CHEQUE BOUNCING

Section 138 of the Negotiable Instruments Act 1881, was introduced in the year 1989 which made the dishonor of cheques, for various reasons, enumerated therein, a punishable offence. The present punishment is imprisonment for a term, which may extend to two years or with fine, which may extend to twice the amount of cheque, or [...]

ARE PARENTS ENTITLED FOR MAINTENANCE?

ARE PARENTS ENTITLED FOR MAINTENANCE?

We hear about children claiming maintenance from their parents, wives seeking maintenance from their husbands, but it is very uncommon to have heard parents claiming maintenance from their children. In the present technology driven society where children fail to take care of their parents, this is a valuable right available to aged and infirm parents, [...]

ANTICIPATORY BAIL

ANTICIPATORY BAIL

The Code Of Criminal procedure 1973, provides the valuable right of Anticipatory Bail to a person who apprehends arrest in a non bailable offence. This power t enlarge a person on anticipatory bail is vested only in High Court and Court of Sessions. After a person is enlarged on anticipatory bail in connection with an [...]

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