adultery, crime, law, india

Adultery is not a Crime in India, Supreme Court rules

Nov 29th, 2018 Constitutional Law, Criminal Law, Uncategorized Prerana 18 min read

Introduction to the Law on Adultery in India Meaning and History: Adultery is derived from the Latin word ‘adulterare’, wherein ‘ad’ means ‘to or towards’ and ‘alter’ means ‘to change something, make different in some way’. For the purpose of better understanding, adultery means consensual sexual intercourse during the subsistence of the marriage between one spouse and a person of the opposite sex, not the…

India, National, Flag, Hoist

What you need to know before hoisting an Indian National Flag in your building!

May 3rd, 2018 Constitutional Law Prerana 11 min read

Whether one can hoist an Indian National Flag in his/her premises? With respect to whether one can hoist an Indian National Flag, it is important to note the Hon’ble Supreme Court’s opinion in the Naveen Jindal Case, wherein it was held that “the right to fly the National Flag freely with respect and dignity is (i) a fundamental right of a citizen within the meaning…

#minor #shareholder #guardian #companylaw #companiesact #companiesact2013 #companiesact1956

Can A Minor be Shareholder in A Company?

Jul 13th, 2017 Corporate Law Prerana 8 min read

Minor as Shareholder in a Company: A minor being incompetent to contract as per Indian Contracts Act, 1872 cannot become a shareholder of the Company. However, a minor acting through his/her legal guardian may become a shareholder. Under Companies Act 2013, a minor cannot become shareholder of a company unless shares are either: (a) gifted, (b) transferred or transmitted to them by an adult In…

What you need to know about the Triple Talaq in India

Apr 17th, 2018 Constitutional Law Prerana 8 min read

Historic Hearing on Triple Talaq: The Constitution Bench of the Supreme Court on 18th May, 2017 had reserved its judgment on Triple Talaq after a 6 days long hearing. The Bench consisted of Chief Justice J S Khehar, and Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer belonged to Sikh, Christian, Parsi, Hindu and Muslim community respectively. Interestingly, while all judges…

Career Talk: Smita Singh, Partner, Ashok Dhingra Associates, Gurgaon

May 12th, 2017 Career Talk Prerana 6 min read

Smita Singh is presently Partner at Ashok Dhingra Associates (“ADA”), currently based out of Gurgaon. She is leading practice group in Indirect Taxes and Goods and Service Tax. She also handles matters pertaining to Customs and Trade Laws, Regulatory Laws, Money Laundering and Anti-Corruption Laws, providing both litigation and the advisory services. Smita also advises clients in relation to structuring operating model and providing options…

divorce, marriage, irretrievable breakdown of marriage, cruelty, ground for divorce, filing of false cases, section 125 of CrPC, Section 498A

Filing false cases against spouse is cruelty and ground for divorce

Apr 24th, 2017 Civil Law, Criminal Law Prerana 7 min read

Divorce Case: Mrs. Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes  A case of Irretrievable Breakdown of Marriage and mental cruelty by wife in the form of false allegations against the husband Facts: The husband and wife were married as per Christian rites on 28/12/1987. They had two daughters. In 2005, husband filed a petition for divorce on the grounds of cruelty and desertion. He…

Triple Talaq, Muslims, anti-constitutional, shah bano, shayara banu

Triple Talaq still haunting the Muslim Women

Apr 10th, 2017 Constitutional Law Prerana 12 min read

Triple Talaq “This Article has been written by Tanu Rathor, student of Delhi Metropolitian Education affliated to Guru Gobind Singh Inderprastha University.” The “so-called” triple talaq is an absurdity that militates against the words and spirit of the Quran –Tahir Mahmood A five-judge bench would be set up by Supreme Court to hear and decide on the question raised by NDA government relating to the…

Ganga, Yamuna, legal entity, legal rights, legal persons, high court of uttarakhand

Rivers Ganga and Yamuna now have the same rights as you!

Apr 6th, 2017 Constitutional Law Prerana 8 min read

Rivers Ganga and Yamuna now persons in the eyes of law! This Article has been written by Anushree Soni, student of L.A.Shah Law College, Ahmedabad The holy waters of Ganga and Yamuna are now declared, in a red-letter judgment, in the High Court of Uttarakhand to be a living entity, vesting in them fundamental rights and duties. Facts: The issue dates back to the year…

maternity, maternity benefit, maternity leave, labour, labour law, child, child bearing, working woman, woman workforce, maternity benefit act, 1961, maternity benefit (amendment) bill, 2016

Maternity Benefit (Amendment) Bill 2016: Boon or Bane?

Mar 14th, 2017 Civil Law Prerana 5 min read

Maternity Benefit: Maternity Benefit Act, 1961 is applicable to every factory, shop or establishment, where 10 or more people are or were employed at any given point of time in the preceding 12 months. It is an Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. The Maternity Benefit…

maintenance, alimony, divorce, tax, taxability, income, relative, ex-spouse

Is Maintenance received after divorce Taxable?

Mar 9th, 2017 Civil Law Prerana 5 min read

Maintenance: Maintenance signifies the legal obligation to provide financial support to one spouse from another spouse after marital separation or divorce. Law on divorce has been previously covered by Legal Parley here. Taxability of Maintenance: Whether this Maintenance in the hands of the receiver is taxable can be ascertained after understanding the meaning of ‘income’ under Section 2(24) of Income Tax Act, 1961. While, maintenance…

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