Types of divorce petitions: Divorce with mutual consent Divorce With Mutual Consent: When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and…
HOW PRECEDENTS ARE USED BY JUDGES OF SUBORDINATE COURTS According to article 141 of constitution of India, decisions of supreme court are binding on high courts. But two questions which arise are as follows: In case conflicting opinion between two benches, decision of which bench is to be followed as binding precedent? The supreme court…
The Hindu Succession Act 1956 did not confer any rights for the daughters to inherit the ancestral assets. Only brothers were taken into consideration as the only heirs. However, this has modified with a change that came into impact on September 9th, 2005 and was seen as a large victory for the women who’re now…
THE CURRENT PROBLEMS ABOUT THE LAW OF MALICIOUS PROSECUTION- The proceedings for malicious prosecution can only be initiated if the plaintiff who files the case of malicious prosecution was tried for the false charges by a tribunal or court of law. But even in proceedings at the police level, grave amount of injury to the…
INTRODUCTION The nominative definition of malicious prosecution is an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages for the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause[1] The court defined the term ‘Malicious…
Introduction An unlawful entry by a person into a private property of an individual is known as trespass. Any person who enters the property of another without the owner’s permission is said to have committed the offence of criminal trespass. In all the countries, trespass against the property has been recognized as a civil wrong.…
“I LIVED MY WHOLE LIFE FOLLOWING OTHERS’ WISHES. LET ME FOLLOW MY OWN WISH IN MY DEATH.” MERCY KILLING KNOWN AS EUTHANASIA Euthanasia, also known as euthanasia, act or apply of painlessly golf shot to death persons laid low with painful and incurable unwellness or disabling physical disorder or permitting them to die by withholding treatment…
Article: DOWRY SYSTEM IN THE INDIAN SOCIETY In India, the marital custom of dowry is widely spread. Dowry is the transfer of wealth has from the bride’s side to the groom’s side. It includes clothes, appliances, automobiles, property, jewellery, money, furniture etc. Traditionally, there have been many reasons for the establishment of this technique. It…
The supreme law of the country in a democratic system is the constitution. The word constitution has a French origin which is usually used to refer to law and order. Constitution of India starts with a preamble with the phrases “we the people” and talks about the values of the constitution which are equality, liberty,…
TRADE MARK LAWS- CIVIL AND CRIMINAL REMEDIES Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. A trademark is a word, phrase, symbol and…
