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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 17)

CHILD ADOPTION LAWS IN INDIA

There are many childless couples in India who because of some reason for medical disability cannot have a baby. On the other hand, there are many children in the orphanage who do not have parents because of some reason. Therefore, child adoption laws help in both ways. This two-way process has facilitated childless parents to have a child of their own and an orphan child to have parents, shelter and secure life. Legislations governing the Adoption Laws In India, there is a defined legal process that provides legitimate rights to both the adopted child and adoptive parents. The aim of these enactments...

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TYPES OF MORTGAGES

Mortgage In today’s time, there are many ways in which credit can be taken and Loan is one of them which is being used widely. The mortgage is one way of lending money to someone regarding which they will keep their immovable property with you. Section 58 of the Transfer of Property Act, 1882 defines the mortgage and its different types. As per section 58 of the Act, a mortgage is the transfer of an interest in a specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan. And it can be an existing...

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TRACK ON ILLICIT TRADE OF TOBACCO IN INDIA

A QUICK OVERVIEW Apart from any other business of drugs, tobacco is one of the product obtained from the natural tobacco leaves. In India, and in any other country, people have become way dependent on drugs, nicotine, and similar things. This somehow shows that tobacco is one of the easiest measures used for addiction. Drug manufacturers use tobacco in cigarettes, and even directly. Generally, many people fall into the trap of addiction and it becomes way difficult for them to overcome this situation.  Hence, to put an end and to control the habit of addiction in youth and people, the Ministry of finance and...

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PROCESS OF ATTACHMENT OF BENAMI PROPERTY

INTRODUCTION Whenever we hear the word Benami, the first thought which strikes our mind is something not having its real owner. Be it property or any other movable or valuable property. For a better understanding of this process, we will refer to the provisions given under the Act. The act duly states the process of attachment and confiscation of the properties. It reads as: Section 24- If the Initiating Officer has reason to believe any person is benamidar,  he will issue a notice to: Benamidar, and Beneficial owner (if they know identity). The Initiating Officer with the approval of the Approving Authority...

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Representations and Warranties in Insurance

(a) Representation Every information given by a proposer for insurance to the insurer during the negotiation is a representation. A representation may be a representation as to a matter of fact, expectation or belief. If made as to a matter of fact, it is true if substantially correct. If made as to a matter of expectation or belief, it is true if made in good faith.' Representations include either written or verbal statements made by the proposer in connection with the proposal or the medical examination. The proposer's answers to the various questions in the proposal and personal statement are all representations on the...

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Free Legal Aid

Introduction India is a country where even today more than half of the population of India is below the poverty line. Since they are also the part of the Indian Society, therefore it is necessary to make the rules and regulation for the upliftment. The government of India has the power to make laws which will help the needy and the poor. Right to provide free legal aid is one. Free legal aid means providing free legal services to the poor and the needy. These services are being provided because people cannot afford the services of an advocate for the...

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Essentials of a Valid Contract

Introduction When parties agree on certain terms and conditions, they make an agreement. When the agreement has to be enforced by law, then a contract has to be made. Section 2(h) of the Indian Contract Act, 1872 defines a Contract. It is an agreement enforceable by law. An agreement is every promise and every set of promises, forming consideration for each other. A proposal, when accepted, becomes a promise. Enforceable by law An agreement, to become a contract, must give rise to a legal obligation or duty. An agreement may be social agreement or legal agreement. But only those agreements which are enforceable in a...

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LAW OF SEA

Introduction We study different types of laws for e.g. Indian Penal Code, Code of Civil Procedure, 1908 etc which have the implications of the acts mentioned under them as per the law of land. These laws do not apply when the offence has been committed on the sea. Law of the Sea is a part of the public international law. It is a body of customs, treaties international law that concerns the principles and rules by which public entities, especially states, interact in maritime matters, including navigational rights, sea mineral rights, and coastal waters jurisdiction and maintain the peaceful relations on...

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Corporate Governance and the World Bank

Overview. The report of the World Bank on corporate governance is a landmark when we trace the evolution of the theory of corporate governance. It can trace the complicity of the concept of corporate governance from the report of the world bank, therefore, the corporate governance base on the sets of principle such as fairness, accountability, transparency and responsibility and this principle universally apply. The government structure will be stronger and sound if there is a good partnership between the public and private sector. The emphasis of the report is that to win the initiatives of corporate governance the efforts should be...

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WOMAN’S ESTATE AND HINDU WIDOW’S REMARRIAGE ACT, 1856

Section 2 of the 1856 Act provides that the rights and interests in certain properties which a widow gets from her husband as limited estate, shall cease upon her remarriage and shall devolve as if she had died. Does this property also become her absolute property? And if so, will her remarriage afterwards leads to its forfeiture? It has been held that her estate becomes her full estate by virtue of S. 14 of the 1956 Act. If there is any inconsistency between the two enactments then 1956 Act will have overriding effect as per S. 4 of that Act which leads to the irresistible conclusion...

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