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Child Custody Laws in India

Child Custody

Introduction: Concept of Child Custody When a divorce takes place between a father and a mother, a child is the one who is affected a lot. It is the hardest thing in the world - for a child to see his parents separate. Both father and mother are important for the development of a child so it becomes very difficult for the child to decide one person with whom he/she will live. There is particularly no law that tells about the custody of the child. The term child custody refers to a parent's rights and responsibilities towards their child. The application for...

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Income Tax Return

Income Tax Return

What is Income Tax and Income Tax Return? Income Tax is a tax levied and collected by the Central Government on an income of a person. Income-tax is calculated at specified rates on the total income of a person and paid directly to the Central Government. The provisions relating to the income-tax are governed by the Income Tax Act, 1961. An income tax return is a document that you file online to the state tax board reporting your income, profits, and losses of your business and other deductions as well as details about your tax refund or tax liability. There are different...

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Supreme Court on Financial Assistance as Dowry

In a recent decision, a Bench of the Supreme Court comprising of Justice Deepak Gupta and Justice Aniruddha Bose has held that seeking financial assistance from your wife or her family for the setting up of your business will be termed as dowry. During the contention, the accused stated he needed the money for the expansion of the business i.e his clinic and not as dowry. In an argument, the counsel for the accused also stated that in the judgment of Appasaheb & Anr. vs. the State of Maharashtra, it was stated that demand for money on account of some financial...

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Hospital to pay Rs 76 lakhs in Medical Negligence Case

Facts In the present case, Respondent No.2 /Complainant had to undergo cesarean and the baby was born pre-mature at 32 weeks. The doctor advised for intensive care of the baby at Maharaja Agrasen Hospital- Appellant No.1. At the time of admission, the baby was diagnosed as “32 weeks pre-mature” after 4 weeks of performing cesarean both the baby and the mother was discharged. No advice was given to the mother to have the Retinopathy of Prematurity test (ROP) carried out on the baby. Complainant brought the baby for follow up check-in multiple times and doctors held the baby’s condition...

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Attachment of Property

Attachment of Property

A civil suit is the inaction of one party, called a defendant, who causes the wrongful act to another, called a plaintiff. Harm is compensated by giving some kind of compensation to the aggrieved party. What differentiates the civil suit with that of the criminal complaint is that a civil suit is to compensate for the harm caused to the aggrieved, unlike the latter which emphasizes punishment for the wrongdoer. There are three stages of every civil suit: Institution of a suit, Adjudication of a suit and Implementation of a suit. The orders passed by the Court are executed at the...

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The Doctrine of Frustration

Doctrine of Frustration

There are some events in our life which are unforeseeable and are impossible to predict. In the case of contracts also some situations are beyond the control of a person. These kinds of situations performed by nature and therefore are unpredictable and cannot be controlled. These kinds of circumstances frustrate the purpose of the agreement or render it very difficult or impossible or as even illegal, to perform. E.g. a hall has been booked for a performance of a play. But before the date of the performance, the hall caught fire and was destroyed to an extent that the performance...

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First Information Report (FIR)

First Information Report

First Information Report is the earliest form of information recorded for the cognizable offence by an officer-in-charge of the police station. Information given under section 154 of the Code of Criminal Procedure is regarded as FIR. If the information given by the woman against whom an offence under section 326A, 326B, 354, 354A-D, 376, 376A-E, and 509 of Indian Penal Code is alleged then such information shall be recorded by a women police officer. Meaning of Cognizable Offence: An offence in which the police officer has the supreme authority of arresting without a warrant and to be able to start an investigation...

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Citizenship Amendment Bill, 2019

Citizenship Amendment Bill 2019

Yesterday, the citizenship amendment bill 2019 was passed in Lok Sabha. The bill was approved by 311 votes in the Parliament while 80 MPs voted against the bill. This bill seeks to amend the Citizenship Act 1955. As per the bill, Hindus, Sikhs, Buddhists, Parsis, Jains and Christians who migrated to India without travel documents from Pakistan, Bangladesh, and Afghanistan on or before December 31, 2014, will not be regarded as illegal migrants. This is proposed to be done by inserting a new proviso to Section 2(1) (b) of the Citizenship Act 1955. It is passed to protect and to ease...

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Advocate’s Day

In India, every year on December 3rd, 2019, Advocate’s Day is celebrated to mark the birth anniversary of Dr. Rajendra Prasad, the first President of independent India and a very eminent lawyer. He was born on 3rd December 1884 in Zeradei, in the Siwan district of Bihar near Chapra. He was awarded the master's degree in Law with the gold medal in 1915. He used to practice law in Bihar but in 1921 he was greatly moved by the dedication, courage, and conviction of Mahatma Gandhi and he quit as a Senator of the University in 1921 and was...

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Constitution Day: Our constitution is our pride

Constitution Day

Introduction Constitution Day is also known as Samvidhan Divas or National Law Day or National Constitution Day. The country celebrated the 5th Constitution Day or Samvidhan Divas on November 26. The Constitution Day was first celebrated in 2015 as a mark of tribute to the father of Constitution Dr. Bhim Rao Ambedkar. In 2019, it marks the 70th anniversary of the adoption of the Indian Constitution. History 26 November has its significance in the history of independent India because on 26 November 1949, the Constitution of India was adopted and it came in to effect on 26 January 1950. Dr. Ambedkar is the Father of...

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