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JUDICIAL SEPARATION AND DIVORCE UNDER SMA, 1954

When a married couple reaches a point in their relationship where it becomes extremely difficult for them to continue in each other’s company, they can seek judicial separation or divorce. Judicial Separation is when the couple is not living together but is still married. The couple is still husba...

PERMANENT ALIMONY UNDER PERSONAL LAWS

In a married couple, when chooses to leave each other’s company and opt for separation, the economically weaker party has the right to seek some monetary consideration for his/her sustenance. The monetary consideration is known as alimony or maintenance. Maintenance is when a weaker party to the m...

NULLITY OF MARRIAGE UNDER SMA, 1954

Introduction Marriage, as an institution, is extremely important to our society. It legally binds the two parties and creates legal obligations and rights. Every marriage that has been solemnised and registered under the Special Marriage Act, 1954 is a valid marriage. However, certain situations may...

What is Restitution of Conjugal Rights

INTRODUCTION Marriage is a sacrament that binds two persons together and makes them legally obligated to one another. When two parties come together and get married, the consequence of such marriage requires both the parties to live with each other. Marriages entitles the couple to companionship, co...

First Information Report (FIR): The Underpinnings of the Criminal Justice Delivery System

“A criminal proceeding is not a proceeding for the vindication of a private grievance but it is a proceeding initiated for the purpose of punishment to the offender in the interest of the society.” The object sought to be achieved by registering the earliest information as FIR is inter alia twof...

INHERENT POWER OF COURTS UNDER CPC

According to the oxford dictionary, the word “inherent” means “the basic permanent part of something which cannot be removed”. So by that definition, the term ‘inherent’ refers to something having a permanent, absolute, indivisible, essential, or distinguishing property. Court’...

Arbitrability of IP Disputes

Arbitration is one of the popular and structured forms of Alternative Dispute Resolution mechanisms in India. It is a way to avoid court proceedings and arrive at settlements, without any judicial proceedings. The disputes under arbitration are decided by an arbitrator who renders the ‘arbitral aw...

SEDITION & UAPA – Are These Provisions License to Abuse Power?- Complete Article

ORIGIN OF FREEDOMS & LIBERTIES AND RELIGIOUS PERSPECTIVE Human beings with unique abilities and capabilities of thinking, understanding, imagining, forming associations, and devising the rationale, have made them the most distinct, evolved, and successful species on this Planet. The origin of fr...

SEDITION & UAPA – Are These Provisions License to Abuse Power? – Part 4

ARE THESE PROVISIONS LICENCE TO ABUSE POWER ? In 2019, the petitions were filed to contest the constitutional validity of Sections 35 and 36 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) as amended in 2019 where it was prayed that Sections 35 and 36 be struck down and declared unconstitut...

SEDITION & UAPA – Are These Provisions License to Abuse Power? – Part 3

UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 India’s wars with China and Pakistan resulted in severe UAPA; there is no opportunity for anticipatory bail, and the minimum punishment is five years, with the maximum being life imprisonment. In terms of bail, the prosecution need simply establish a ...

SEDITION & UAPA – Are These Provisions License to Abuse Power? – Part 2

HISTORY OF REPRESSIVE LAWS AND TRIALS IN THE INDIAN CONTEXT Origin of Sedition (Section 124 A, IPC): The original Indian Penal Code, 1860 drafted by Lord Thomas Babington Macaulay did not have Section 124 A, IPC (Section 113 of the old code). When the matter came up for consideration in 1870, Sir Ja...