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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 15)

Court Marriage in India

How to do Court Marriage Introduction Court marriages in India are documented and solemnized under the Special Marriage Act, 1954. An Indian man and woman can solemnize Court marriage irrespective of their religion. An Indian and a foreign citizen can also solemnize Court marriage. Unlike traditional marriages, Court marriages do not require any rituals or ceremonies. So, the process of Court marriages in India is relatively simple. The parties directly apply to the marriage registrar for the performance and registration of marriage and subsequently receive the certificate. Essentials conditions Firstly, there should be no existing valid marriage of the parties with any other person. ...

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HINDU MARRIAGE IN INDIA

Marriage in India is treated as a sacrament. It has evolved from the concept of union of souls and body of which the main aim is to procreate. The objective is to legally recognize the union between two people, generally, a man and a woman, in which they are united sexually, cooperate economically, and may give birth to, adopt, or rear children. In India, it is considered to be a permanent union however it may be dissolved through divorce or separation. Marriage among Hindus The marriages among Hindus are governed by the Hindu Marriage Act, 1955. According to the Act Hindus shall...

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Process for Adopting a Child in India

Introduction                                                                                                 If a baby is not a blessing for you right now……..                                                                                    ...

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DRUNKEN LAWS IN INDIA

Introduction In today’s World, the offence of Drunk and Drive is very common. Nowadays, most of the youngsters are taking alcohol on a daily basis, without even knowing their side effects. People not only consume alcohol but after ingesting it, they mostly are not in their senses after that. They drive as they want to go pub, or to go home, or roam with their friends in the societies, or else to go from one place to another for fun. This is not only harmful to themselves but also harmful for other common people who are on the road, or who have...

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MOTOR VEHICLES AMENDMENT BILL, 2019

Introduction The Motor Vehicle Act came with the objective of amending the laws related to motor vehicles. As per Section 2(28) of the Act, a motor vehicle "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a...

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SECTION 65B OF INDIAN EVIDENCE ACT WITH REGARDS TO VARIOUS CASES

Section 65B of Indian Evidence Act, 1872 states the process of the admissibility of electronic records to be used as evidence for a trial. The mode and manner of the permissible effects of section 65B have always been in question. However, the Apex Court has always tried through different judicial pronouncement to resolve the procedural conflict. The recent case Shafhi Mohammad v. State of Himachal Pradesh decided by the Supreme Court has led the confusion as to what is the appropriate procedure for the admission and appreciation of electronic evidence under Section 65B read with Section 62 and 63 of the Indian Evidence Act, 1872. In the year...

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Does Criminal Complaint for settling Civil Dispute is an abuse of process of law?

The Supreme Court bench comprising of the Justices Aruna Mishra, S Abdul Nazeer and MR Shah passed an order in an appeal against a verdict of the Delhi High Court. The main issue raised in the matter before the Supreme Court was whether the filing of a criminal complaint about settling the civil dispute amounts to an abuse of process of law or not? Facts of the Case A person (Respondent No. 1) agrees into an agreement to sell in respect of house instituted at WZ1179, Plot No. 11, Rani Bagh, Shakur Basti, Delhi with two other people (Respondent No. 2 &...

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AYODHYA DISPUTE: BEGINNING TO PRESENT

The Ayodhya Dispute is the core of the communal rift among the Hindus and the Muslims. It has been more than five decades that the dispute has constantly caused some or the other issues in the country. The said matter has taken up the center stage since the appointment of the new Chief Minister of Uttar Pradesh, Mr. Yogi Adityanath. The total land involves a plot of 2.77 acres in Ayodhya, Uttar Pradesh. The conflict lies between the claims of the Hindus and Muslims. The Hindus claim emphasizes on the fact that the plot was the birthplace of...

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Can Section 149 IPC be charged without invoking Section 141 IPC?

The Supreme Court answers this question in an appeal raised to it from the decision of the Punjab and Haryana High Court. The bench of the Supreme Court for this case comprised of Justice Sanjay Kishan Kaul and KM Joseph. The appellants of the case were charged under Sections 148, 302, 307, 325 read with Section 149 of the IPC and Section 449 of the IPC. The question in the particular case was that if someone is charged under Section 149 of Indian Penal Code, 1860, is it necessary to invoke him under Section 141 of IPC also? The Court while answering to...

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Jammu and Kashmir (Reorganisation) Bill, 2019 Passed

On 5th August, 2019 the Central Government with political and legal precision, led a move in the Rajya Sabha to end the special status of Jammu & Kashmir, which became part of Union of India on 26th October 1947, through the “Instrument of Accession” (IOA) signed by the then ruler Hari Singh . Through this IOA it had its Constitution and framed own laws in all areas except defense, external affairs, and communications. By the end of the day, as per the order, President Ram Nath Kovind has exercised his power under Clause 1 of Article 370 and came out with...

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