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RIGHT TO EQUALITY (ARTICLE-14)

“The State shall not deny to any Person Equality BEFORE 
THE LAW OR EQUAL PROTECTION LAWS with in the territory of India."
     This provision aims at establishing Equality of status
in the preamble and guarantees to all persons, including
women and children, The right to equality in law. 
     Article 14 is general provision & has to be read subject to 
the other provisions with in the part -III on Fundamental 
rights. Hence, any law making provision for women and 
children under Article 15 (3) cannot be challenged on the
ground of contravention of Article14. The special provisions
made under these provisions must be with in reasonable limits.

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Essentials of Valid Hindu Marriage (Family Law-1)


Hindu Marriage 

The traditional view of family law is that it is essentially about marriage and its consequences. If a couple is married they automatically have certain rights and duties. 

The Hindu Marriage Act 1955 provides for essential conditions for:-
     The validity of a Hindu Marriage, 
     Registration of Hindu Marriages, 
     Restitution of Conjugal rights, 
     Judicial separation, 
     Nullity of Marriage, 
     Divorce etc.,
Essentials of Valid Hindu Marriage:
Under the Hindu Marriage Act ,1955 certain conditions are necessary for a valid Hindu Marriage. Those conditions have been laid own in Sec 5 and 7of the Act. Section reads as follows:-

By virtue of section 5 of the Hindu Marriage Act 1955, a marriage will be valid only if:-

     both the parties to the marriage are Hindus. If one of the parties to the marriage is a Christian or Muslim, the marriage will not be a valid Hindu marriage. “A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

1.neither party has a spouse living at the time of the marriage;
 
2.at the time of marriage, neither party:-

      a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
      b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
      c) has been subject to recurrent attacks of insanity or epilepsy
 
3. the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage;

4. the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two

5.the parties are not sapindas (one is a lineal ascendant of the other) of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Hindu Marriage Act section 5  lays down five conditions for a valid marriage. They are:
 1. Monogamy (Sec 5 Clause (1))
This provision Prohibits bigamy .The marriage should be monogamous. Under the Hindu Law a person can validly marry if he or she is either unmarried or divorced or a widow or a widower. If at the time of the performance of the marriage rites and ceremonies either party has a spouse living and the earlier marriage had not already been set aside, the later marriage is void. A bigamous marriage is null and void and

Internal Seminar: ANANTHA COLLEGE OF LAW, TIRUPATI photos (TOPIC: Live-In relationship) Dt:25th January 2014




Extortion ( IPC.Section:383 to 389 )


IPC Sec: 383 (Extortion)

     Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits" extortion". 


Illustrations:-
 
  1. A threatens to publish a defamatory libel concerning B unless B gives him money. He thus induces B to give him money. A has committed extortion.
  2. A threatens B that he will keep B' s child in worngful confinement, unless B will sign and deliver to A a promissory note binding B to pay certain monies to A to B sings and delivers the note. A has

joint tortfeasors

     Two or more persons whose negligence in a single accident or event causes damages to another person. In many cases the joint tortfeasors are jointly and severally liable for the damages, meaning that any of them can be responsible to pay the entire amount, no matter how unequal the negligence of each party was. Example: Harry Hotrod is doing 90 miles an hour along a two-lane road in the early evening, Adele Aimster has stopped her car to study a map with her car sticking out into the lane by six inches. Hotrod swings out a couple of feet to miss Aimster's vehicle, never touches the brake, and hits Victor Victim, driving from the other direction, killing him. While Hotrod is grossly negligent for the high speed and failure to slow down, Aimster is also negligent for her car's slight intrusion into the lane. As a joint tortfeasor she may have to pay all the damages, particularly if Hotrod has no money or insurance. However, comparative negligence rules by statute or case law in most jurisdictions will apportion the liability by percentages of negligence among the tortfeasors (wrongdoers) and the injured party's.

Essentials of the Torts of Defamation

(This article suitable for questions like:- 1.  What are the essentials of the torts of defamation? Refer to decides cases ( LL.B 1st Sem, S.V.University March 2012 Q.No.10)

ESSENTIALS OF DEFAMATION:

     1. WORDS MUST BE DEFAMATORY

     2. REFERENCE TO THE CLAIMANT 

     3. PUBLICATION

1) WORDS MUST BE DEFAMATORY

The statement must be defamatory. According to Lord Atkin, the statement must tend to lower the claimant in the estimation of right-thinking members of society generally, and in particular cause him to be

actus non facit reum nisi mens sit rea

      Translated in « an act does not make a person guilty, unless the mind is guilty» or blameworthy is the base of the actus reus and mens rea doctrine. « Mens rea »  or « guilty mind » is the most difficult to prove of the components of the criminal liability because ‘guilty‘, or ‘blameworthy’ can have different meanings dependant on the offence. An act can be completed but no liability falls on the defendant if he can disprove mens rea by a good defence or reasonable mistake.The difficulty of proving mens rea resides in the fact that you have to draw conclusions from what the defendant did or said before, during and after the event. Mens rea is there to show that the defendant is « doubly guilty » : first, of

Preamble is a key to open the mind of the makers of the Constitution

suitable for question of:
1. It is often said that Preamble is a key to oen the mind of the makers of the Constitution - Elucidate (Constitutional law S.V.University LL.B. 1st sem March 2012 Q.No.10) 

Introduction:

The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India.
Though, by itself, it is not enforceable in Court of Law , the Preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous .  

The Preamble to our Constitution serves, two purposes:

      (a) It indicates the source from which the constitution derives its authority:

      (b) It also states the objects which the constitution seeks to establish and promote.

The words- We, the people of India. adopt, enact and give to ourselves this Constitution?, thus, declare the

Freedom of Movement (Article 19) (Constitutional Law-1)

Article 19: Protection of certain rights regarding freedom of speech, etc:

The freedom of movement is guaranteed by the constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country's territories. There are certain exceptions such as Scheduled Tribes areas and army areas.


Freedom of Movement The freedom of movement is guaranteed by the constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country's territories. There are certain exceptions such as Scheduled Tribes areas and army areas.

 © 2009-2013 http://www.gktoday.inThe freedom of movement is guaranteed by the constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country's territories. There are certain exceptions such as Scheduled Tribes areas and army areas.

© 2009-2013 http://www.gktoday.in
The freedom of movement is guaranteed by the constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country's territories. There are certain exceptions such as Scheduled Tribes areas and army areas.

© 2009-2013 http://www.gktoday.in

doctrine of eclipse (Constitution law-1)

 This doctrine is applicable to pre-existing laws only. It implies that an existing law which violates fundamental right is not dead or void per-se but only becomes unenforceable. "It is over shadowed or eclipsed by the fundamental rights and remains dormant but it is not dead." If by subsequent amendment fundamental rights are amended in such a way as to give way to these laws, then these laws will again become active.