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Remedies against frivolous cases registered against students by the Police
by: Adv. Kishan Dutt Kalaskar 2021-05-14 12:50:16
by: Adv. Kishan Dutt Kalaskar 2021-05-14 12:50:16
by: Adv. Kishan Dutt Kalaskar 2021-05-03 14:55:05
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by: Adv. Kishan Dutt Kalaskar 2021-04-05 16:04:53
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Remedies against frivolous cases registered against students by the Police
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Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
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Kajal V/s Jagdish Chand
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NRI's Power of Attorney
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Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
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Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
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Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
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Police Interrogation
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The Negotiable Instrument Act 1881
Cheque Bounce Notice
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Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
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The Special Marriage Act, 1954
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What is a Stamp Paper?
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Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
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Rights of Tenant
Classification of various Collar Jobs
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Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
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Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
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Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
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Rights of Children in India
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New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
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Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
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National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
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The Growth of technology Patents in India
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A comparative study of the Indian, UK and the US Constitution
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All you need to know: Drafting a Legal Notice
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Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
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Prison Reforms in India
Consumer Protection ACT, 1986
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Delay of Condonation
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Misdiagnosis: A Medical Negligence?
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Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
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Common types of Medical Negligence
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Guidelines for the prescription of medicines
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Contempt of Court
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Medical Negligence in India
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Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: admin
Date:04 March 2020
Divorce
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Views:602
Likes:0Divorce means the dissolution of marriage. It is the process of terminating a marriage or marital status. The Hindu Marriage Act, 1955 govern Hindus (which includes Sikh, Jain, Buddhists). Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act, 1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act, 1939 & the Muslim Women Act, 1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. Moreover, there is also a secular law called the Special Marriage Act, 1954.
The Special Marriage Act, 1954 is enacted to provide a special form of marriage for the Indian people and all other Indian nationals residing in foreign countries, irrespective of the religion followed by either party. Personal laws do not govern marriages solemnized under the Special Marriage Act. The Special Marriage Act was drafted into the Indian legal system in the year 1954 as one of independent India’s most prominent secular measures. The Act was designed to be a legislation that governs marriages which could not be solemnized under the various religious customs. The Act applies to all Indian citizens, whether residing in India or abroad. The State of Jammu and Kashmir is excluded under the ambit of this Act, though residents domiciled in other states but residing in Jammu and Kashmir would qualify for these provisions.
Primary Objectives
The Special Marriage Act, 1954 has replaced the old Act III of 1872. There are three primary objectives of the Act:
Applicability
The Act applies to the following:
Conditions for Marriage
Marriages under this Act are endorsed based on the following conditions:
Court Marriage is a union of two souls where the ceremony of the oath is performed as per the Special Marriage Act-1954 before the Registrar of Marriage. It is registered in the presence of three witnesses; then a marriage certificate is issued by the Marriage Registrar appointed by the Govt. of India. Marriage is solemnized between man and women before the court of law.
Section 27 of the special marriage act mentions the provision for divorce in the following way:-
(1) A divorce petition may be filed to the district court either by the husband or the wife on the following grounds.
Void Marriage
A marriage under this Act will be deemed void if:
In this context, a petitioner refers to either of the party who wishes to abate his/her marriage with the other person, who is known as the respondent.
The right of the petitioner to file divorcé is affected in the event of the following circumstances:
The divorce by mutual consent is marked under two different section, i.e., Section 28 of the Special Marriage Act, 1954 and Section 13 B of the Hindu Marriage Act, 1955. In order to seek divorce by mutual consent, the parties must be living separately for at least one year and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criterion. The marriage must be beyond reconciliation, and presenting a petition for divorce together does not indicate amicability. Consent, however, must be free. If after six months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce.
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