Know Your Law

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Know Your Law: Irretrievable breakdown of Marriage
Know Your Law: Sandeep Shenoy, Advocate, Mysore When the marriage between the spouses becomes an empty shell and there is no possibility of any repair, we should take it that the parties have reached the stage of irreparable breakdown. And when there are all thorns in marital relations and not a single rose left, there is no other alternative than to leave the company of each other with maximum care and without bitterness, distress and humiliation. The law of the land is never sealed in a book; it grows and develops. And any law, which does not change or improve with growing needs and changes in the society becomes static and if we may say so, is dead law. Read On

V Swaminathan: Ignorance of Law - Is no Excuse, or Is It Bliss?!
Ignorance of law is no longer regarded as a serious shortcoming or blemish. On the contrary, ignorance, be it partial or total, or genuine or feigned, has come to be looked upon as bliss; an eternal one at that. The reason, as may be easily inferred is, more often than not, one of convenience. In today's scenario, with mostly professional politicians dominating and calling the shots in the political arena, ignorance of law - invariably not genuine but feigned, increasingly glorified and imbibed - has come to be largely followed from a practical point of view. Also, perhaps, in today's given political and social environment, is found more suited. Read On

Custody of Children
The father had remarried and had a son from his second wife. It was quite probable that more issues may be appearing in due course. The step – motherly treatment is proverbial in this country. In the court also minor refused to go to his father. The father was likely to have not much time left to look after his son, who would be left with his step mother. Read On

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Know Your Law: The laws relating to Retrenchment
Retrenchment means the termination where the employer of the service of the workman, for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include: a. Termination by the way of punishment inflicted pursuant to disciplinary action. b. Voluntary Retirement of the workman. Read On

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Know Your Law: Restitution of Conjugal Rights
There is a very popular proverb that one can take the horse to a water tank, but you cannot force him to drink water. The provision of Restitution of Conjugal Rights in the Hindu Marriage Act seems to be a similar one. After solemnisation of marriage under the Act if one of the spouse abandons the other without reasonable excuse, the aggrieved party has a legal right under section 9 of the Hindu Marriage Act, 1955 to file a petition in Read On

Know Your Law: Divorce under Hindu Law - 2
An act of mental cruelty is far more severe and dangerous than an act of physical violence. The eye opener cases of mental cruelty are Mohit Bhatnagar Vs Sangeeta Bhatnagar and Deepak Johri Vs Kum Kum Johri, the case of Mohit Bhatnagar has since been decided by the Matrimonial Court after 7 years of long battle and the case of Deepak Johri is still pending in the High Court of Delhi. Read On

Know Your Law: Divorce under Hindu Law
The British Government frowned upon any effort to make radical changes in the provisions of Hindu Law, although Hindu reformers were agitating for such changes from time to time. The Hindu Marriage Act, 1955 came into existence, eight years after the independence of the country. Section 13 of the Hindu Marriage Act deals with the grounds on which the parties can seek a decree of divorce from a competent court having jurisdiction to entertain such petition. Read On

What/How is money laundered?
Layering and Integration. In the initial or placement stage of money laundering, the launderer introduces his illegal profits into the financial system, by breaking up large amounts of cash into less conspicuous smaller sums that are then deposited directly is to a bank account, Read On

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The offences relating to elections
Bribery (Section 171-B): Whoever- 1. Gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or Accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery". Read On

Law relating to Defamation Part 2
It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. A performance may be submitted to the judgment of the public expressly or by acts on the part of the author, which imply such submission to the judgment of the public. Read On

Law relating to Defamation Part 1
1. A says: "Z is an honest man; he never stole B's watch"; intending to cause it to be believed that Z did steal B's watch. This is defamation unless it falls within one of the exceptions. 2. A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it falls within one of the exceptions. 3. A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it falls within one of the exceptions. Read On

Cruelty by husband or relatives of husband- Section 498-A
Section 498 A of Indian Penal Code was introduced by Criminal Law (Second Amendment) Act of 1983, which came into force with effect from 25th December 1983. This section reflects the anxiety to extend protection to the weaker spouse. Let us see what Section 498 A speaks about; "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine". Read On

Revocation of offer
Revocation means "cancellation". Revocation of an offer means its withdrawal by the offeror. An offer may be revoked at any time before the offeree accepts it. Revocation of an offer means after acceptance will be ineffective. If it to be effective, it must be communicated before the dispatch of the letter of acceptance. Section 5 lays down "a proposal may be revoked at any time before the communication of its acceptance as against the proposer". An offer is made irrevocable by acceptance. Revocation may be express or implied. For example, Mr. Sunil proposes to Mr. Sridhar that he will sell his car. Mr. Sunil can revoke his offer before Mr. Sridhar posts his letter of acceptance. Read On

Acceptance and its ingredients
A contract is formed when an offer is accepted. The offeree's willingness to be bound by the terms of the offer is known as "acceptance". Section 2 (b) of the Contract Act defines acceptance as "when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a promise". Thus acceptance is the assent or consent given to a proposal. Read On

Offer and its essentials
A proposal is an expression of will or intention to do or not to do something. It is also called an "offer". It is one of the essential elements of an agreement. It is the very basis of the contract. It becomes a promise when it it accepted. Section 2 (a) of the Contract Act defines the proposal as "when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other, to such act or abstinence, he is said to make a proposal". The person making the proposal is called the proposer or offeror or the promisor. The person to whom the proposal is made is called the offeree or promisee. Read On

Giving false evidence
Section 191 of Indian Penal Code provides "Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence". Read On

Cheating
Section 420 of Indian Penal Code provides that "Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine". Read On

Unlawful Assembly
The member of an unlawful assembly shall be punished with imprisonment of either description for a term, which may extend to six months, or with fine, or with both. The offence is cognizable, bail-able, non-compoundable and tri-able by any Magistrate. Section 144 of IPC states that whoever, being armed with any deadly weapon, or with anything which, used as a weapon offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine or with both. Read On

Anticipatory bail
Anticipatory bail In simple terms "Anticipatory bail" means, "bail in anticipation of arrest". Section 438 of Criminal Procedure Code states as follows;
1. When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section, and that Court may, if it thinks fit, direct that in the event of such arrest he shall be released on bail. Read On

Law and maintenance of wives
In a leading case, the claimant was a Hindu woman; she was not legally wedded wife of Christian married man. They were living together for years. The man was evidencing her to be living that she was his wife. The child was also born out of their union. The Court did not allow her claim of maintenance, as she was not legally wedded wife. However, the Court directed the husband to pay Rs.30000/- as damages for the misdeed committed by him. Read On

Proclamation and attachment
If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant can not be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. Read On

Warrant of Arrest
If the person summoned fails to appear before the Court, the warrant of arrest will be issued against him. Every warrant of arrest issued by a Court shall be in writing and signed by the presiding officer of such Court and shall bear the seal of the Court. Every such warrant shall remain in force until it is cancelled by the Court, which issued it, or until it is executed. Read On

Summons
Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. The summons shall be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. Every person on whom a summons is so served shall sign a receipt on the back of the other duplicate, if so required by the serving officer. When a person sought to be summoned is employed abroad the Court can send summons to the concerned embassy for the official purpose. Read On

LAW AND CONTRACTS: Sandeep shenoy
The agreement must create legal relationship between the parties. If there is no intention on the part of parties to create legal relationship, there is no contract. An agreement to dine at a friend's house is not an agreement intended to create legal relations and therefore, is not a contract. A father promises to pay his son Rs.200 every month as pocket allowance. Later he refuses to pay. The son cannot recover it as it is a domestic agreement and does not intend to create legal relations. Read On

LAW AND AGREEMENTS: Sandeep shenoy
An agreement is an accepted proposal. It gives birth to a contract. It is the basis of a contract. It establishes relationship between the parties. It is a promise or a set of promises. It is defined as "every promise or set of promises forming consideration for each other". It may be social, religious or legal agreement. An agreement to play cards or to go to a movie is an example of social agreement. A social agreement does not create any legal obligation between the parties. Hence it is not enforceable in a court of law. Religious and moral agreements are also not enforceable at law. Read On

LAW AND CUSTOMS: Prof. M.S.Venugopal
In the earlier days of the evolution of legal system custom was the primary source of law. But in modern times its place is taken by significantly legislations and contracts. According to Savigny, a German jurist "Custom is to the community and law is to the state". According to him, like language custom evolves from the conscience of the people and any persons cannot create it. Even today custom plays a significant role in family life. Even modern societies, particularly in the field of religion are having rituals and ceremonies, which govern the conduct of the people. Read On

LAW AND ITS SOURCES-Part 2: Prof. M.S.Venugopal
In a democratic set up, the best set up that human ingenuity has yet has yet evolved law making by the parliament is of utmost value. In the parliamentary system the arbitrary and whimsical influence of instinctive approach to human problems is limited. The representatives of people not only represent the community as such but they also represent various diversified interest. The social engineering of balancing of interest and allocation of priorities is possible by consensus in spite of the superficial conflicts. Moreover the social psyche feels that it is involved in the process of legislation, which is utmost important in compelling the compliance with law, which the author believes as a significant component in the legal system. Read On

LAW AND ITS SOURCES: Prof. M.S. Venugopal
Practically speaking, law has to be enforced. There are various agencies of enforcement of law. Enforcement of law has to be done in two important areas. One is the enforcement of criminal justice and the other is the enforcement of civil justice. Criminal justice is enforced by infliction of punishment by the state and civil justice is upheld by recognition of legal rights and by compelling the performance of obligations and when specific performances are not possible and feasible by compelling the payment of damages. Read On

LAW AND DEMOCRACY : Prof. M.S. Venugopal
Really speaking, there cannot be any distinction between knowing law and knowing democracy. Of all the political and legal systems that man has evolved and suffered, Democracy seems to be the best intact. The spirit behind a democratic system and a legal system is the same, viz. to give scope for the best among men and for the best among values. Read On

LAW AND PHILOSOPHY: Prof. M.S. Venugopal
My contemplation with regard to this topic is on the basis of a statement made by Friedman in a textbook of Jurisprudence. The essence of the statement is, that law stands some where between Philosophy and politics. One starts to think on the basis of a definition and hence you are inclined to know how I define the term Philosophy to establish the relationship between Law and Philosophy. Read On

LAW AND MORALITY : Prof. M.S. Venugopal
When the present writer began to contemplate about this topic, he assumed that he would
be distinguishing between these two terms and would be asserting the inclusion of certain
principles of morality in a legal system. Read On

KNOW YOUR LAW: Prof. M.S. Venugopal
Law is one of the oldest institutions of the society. It is as old as human society itself. When Aristotle considered man as a social animal, he was of the view that man is bound by the compulsions within the society. Read On

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