Feb 17, 2020
Tips for Calling in a Lawyer When You Really Need One
TIPS FOR CALLING IN A LAWYER WHEN YOU REALLY NEED ONE
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Tips for Calling in a Lawyer When You Really Need One
TIPS FOR CALLING IN A LAWYER WHEN YOU REALLY NEED ONE
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Wrongful restraint a person is not only a violation of his right to move but it is also an offence under the Indian Penal Code under section 339
A BETTER UNDERSTANDING OF WRONGFUL RESTRAINT AND PUNISHMENT FOR WRONGFUL RESTRAINT
Wrongfully restraining a person is not only a violation of his right to move but it is also an offence under the Indian Penal Code. The Indian penal Code under section 339 defines wrongful restraint as “whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. (Exception) The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z”.
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Cognizable offences are regarded as more serious and heinous offences as compared to non-cognizable offences
KNOW THE DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE OFFENCE
The present legal structure is diverse as it not only classifies the laws in force but also classifies offences into two types namely;
1. Cognizable and
2. Non-cognizable
Generally speaking, cognizable offences are regarded as more serious and heinous offences as compared to non-cognizable offences. However, the Code of Criminal Procedure has elaborately marked out the difference between cognizable and non-cognizable offences. Section 2(c) of the Code of Criminal Procedure defines the cognizable offence as an offence for which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. While as section 2(l) defines the non-cognizable offence as an offence for which a police officer has no authority to arrest without warrant.
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Owing to the sensitive nature of currency and coins the Indian Penal Code has made counterfeiting of Indian coins a punishable offence
KNOW THE CRIMINAL LIABILITY FOR COUNTERFEITING INDIAN CURRENCY:
The currency of every nation has its own value and plays a vital role in the development of the nation at both the national and international level. Owing to the sensitive nature of currency and coins the Indian Penal Code has made counterfeiting of Indian coins a punishable offence.
Cruelty by husband and the relative of the husband under Section 498A makes it a punishable offence
Know the Legal Consequences of Cruelty by Husband or Relatives of Husband
Besides the various legislations enacted by the Parliament from time to time, the Indian Penal Code makes cruelty by husband and relatives of husband a punishable offence. This provision was inserted in the Code by means of an amendment and was not originally present in the Code. Section 498A makes cruelty by husband and the relative of the husband a punishable offence. It lays down that if a husband or the relatives of the husband of a woman subject her to cruelty then such a husband or the relatives of the husband shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
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Under Muslim law, the provision for pronouncing talak has been laid down but at the same time, it is an uninhibited aspect of the Muslim Law
India is known for its religious and cultural diversity throughout the world. The spice of religious diversity is also witnessed in the laws prevalent in India. Marriages in India are governed by the personal religious laws of each religious community. Among Muslims, the institution of marriage is governed by the Muslim personal law based on the Quran and Sharia. Under the Muslim law, marriage is also known as Nikkah and is defined as a civil contract and not a pure sacrament. On the other hand, Hindus marriage is regarded as a sacrament and till a very long time was also regarded as an indissoluble union. However, the same is not true for marriage among Muslims as the law defines Nikkah as a contract which has the object of procreation and legalization of children. Since it’s well settled that marriage is a dissoluble union the law not only lays down the essentials of a marriage but also lays down the procedure for the dissolution of a marriage.
Under Muslim law, the provision for pronouncing divorce has been laid down but at the same time, it is an uninhibited aspect of the Muslim Law. A unique feature of divorce under Muslim law is that usually no judicial or non-judicial authority is needed to effect dissolution of marriage. It was only in the year 1939 the concept of judicial divorce was introduced in the Muslim law after the enactment of the Dissolution of Muslim Marriage Act.
Immovable property shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth
PROPERTY LAWS IN INDIA
Laws are highly important for the smooth functioning of our day to day lives. The economic developments have had a huge impact on property transactions. Before understanding the laws related to the property it is highly important to understand the meaning of property. In legal terminology, the property has a very wide and a diverse meaning and includes within its ambit a bundle of rights. Quite often in simple terminology property is said to consist of rights and interests which a person has to the exclusion of others. Transfer of Property Act is the main law which governs the transfer of property and its related transactions whether the transfer is by means of hereditary inheritance or by buying and selling of the property. However, beyond the Transfer of Property Act the Registration Act, 1908 also deals with the property in India and makes registration of immovable property mandatory. Recently the RERA Act was enacted by the Parliament which governs the transactions in the real estate sector.
Writ petition is a petition of court, asking a court to intervene in lower court's decision. There are 5 writs which can be issued by the Supreme Court and the High Courts
WRIT PETITION
The Supreme Court and High Courts in India have been vested with the power to issues appropriate directions, or orders or writs for the enforcement of the fundamental rights.
Various writs which can be issued are:
Habeas Corpus: This writ is issued in form of an order calling upon a person by whom another person is detained to bring the person before the court and let the court know why the authority has detained the person.
Mandamus: This writ is an order by the superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty.
Prohibition: This writ is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice.
Certiorari: This writ is issued by a superior court to an inferior court to prevent an excess or abuse of the jurisdiction
Quo Warranto: This writ is issued to call upon a holder of the office to show to the court under what authority he holds the office.