Maintenance: Under Indian law, the right to maintenance is civil in nature but it is also placed under the criminal code and can be pursued therein. Under Hindu law, a wife has a right to be maintained during her lifetime as per the provisions of the Hindu Adoptions and Maintenance Act, 1956. In what can be called an attempt to reinforce the conservative idea of a Hindu wife, an “unchaste” wife is not entitled to separate residence and maintenance.
Showing posts with label 2016. Show all posts
Showing posts with label 2016. Show all posts
Tuesday, July 10, 2018
Friday, June 29, 2018
UNIFORM CIVIL CODE [PART 1]
RISHEE RHUDRA AND SHUBHAM APARAJITA
SYMBIOSIS LAW SCHOOL, PUNE
(First Published on Volume 01 Issue 03, November 2016)
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ABSTRACT
India is a country of diverse culture with distinct religions. They are being governed by different laws in relation to marriage, divorce and some other aspects. In the recent days there has been chaos in the Muslim community regarding the following of their personal laws. Many other religions also have some stigma related to their personal laws. In the current paper we would like to highlight some aspects of women and personal laws with regards to different personal laws with a brief history and legal perspective of uniform civil code.
Tuesday, June 26, 2018
BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 2]
MADHUR JHAVAR AND HARDIK GAUTAM
INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT)
(First Published on Volume 01 Issue 02, July 2016)
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[CONTINUED FROM PART 1]
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HISTORICAL BACKGROUND AND SOCIAL EXCLUSION OF THE TRANSGENDER
In the ancient religious and other Hindu mythological texts, the transsexual evidences have been witnessed in many incidences of Ardhanarishwara, Ramayana, Mahabharata1 and also their position was much stronger in Mughal era where they guarded the ladies and the children and were in fact respected. The existence of Transgender community ‘third gender’ is witnessed from more than 4,000 years with the ancient myth that they have the special power to bring luck and fertility.2
Saturday, June 23, 2018
BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 1]
MADHUR JHAVAR AND HARDIK GAUTAM
INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT)
(First Published on Volume 01 Issue 02, July 2016)
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[Pexels.com]
ABSTRACT
India is a democratic country giving utmost priority to the rights of people, not differentiating on the basis of their gender while framing laws, giving emphasis to the rights of the suppressed class is wholly a different matter and out of the scope of the paper. Now when we raise a question what genders are to be considered? For answering this sort of question one must know what a transgender is?
Tuesday, June 19, 2018
WOMEN ENTREPRENEURS- CHALLENGES AND SOLUTIONS WITH FOCUS ON SMEs [PART 2]
ABHIJEET KUMAR PANDEY
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,
VISAKHAPATNAM
(First Published on Volume 01 Issue 02, July 2016)
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[CONTINUED FROM PART 1]
Obstacles for Women Entrepreneurship in India:
· Lacking certitude: Though woman may be having the required capability and skill to venture into the global market, they are still not progressing to a great extent due to social stigma and the lack of support from their families. This results in them losing their confidence while managing the business.
Monday, June 18, 2018
WOMEN ENTREPRENEURS- CHALLENGES AND SOLUTIONS WITH FOCUS ON SMEs [PART 1]
ABHIJEET KUMAR PANDEY
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,
VISAKHAPATNAM
(First Published on Volume 01 Issue 02, July 2016)
Abstract
As India has paved its way from being a land of snake charmers towards becoming a well-established economy, the status and empowerment of women has been a very important issue in the Indian society. As of today, it can be said that the status of women has changed and they have been contributing to the country’s economy, though in a very less percentage.
Sunday, June 17, 2018
HON’BLE MR. JUSTICE T.S. THAKUR (TEERATH SINGH THAKUR) - A BIOGRAPHY
NAMRATA CHOUDHARY & RUCHITA VERMA
SIDDHARTHA LAW COLLEGE, DEHRADUN
(First Published on Volume 01 Issue 02, July 2016)
Born on 4th January 1952, Justice T. S. Thakur was elevated to be the 43rd Chief Justice of India. He previously was Chief Justice of Delhi High Court. Since 17thNov. 2009 he has been an acting judge of Supreme Court. Justice Thakur has been serving Indian legal system, a way back from 1972 were he was first enrolled as a pleader. He started his carrier under the chamber of his father Late Shri Devi Das Thakur.
Saturday, June 16, 2018
THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 2]
ABHIGYAN MAHARISHI
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,
COLLEGE OF LEGAL STUDIES, DEHRADUN
(First Published on Volume 01 Issue 02, July 2016)
Circumstances destroying or weakening the binding force of the precedents.
a) Abrogated decisions- A decision ceases to be binding if a statute or a statutory rule, inconsistent with it is subsequently enacted or it is reversed or overruled by a higher court. Reversal occurs when the same decision is taken on appeal and it is reversed by the appellate court. Overruling occurs when the higher court declares in another case that the precedent case was wrongly decided and it is not to be followed.
Friday, June 15, 2018
THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 1]
ABHIGYAN MAHARISHI
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,
COLLEGE OF LEGAL STUDIES, DEHRADUN
(First Published on Volume 01 Issue 02, July 2016)
Abstract
Ratio Decidendi, a term that every lawyer hunts for its clear and precise meaning. Although it is a difficult task to search for ratio of a case, but those who succeed in doing so, are supposed to have a good and in depth knowledge of a case.
Thursday, June 14, 2018
EMPOWERING SANTHARA THROUGH LAW [Part 3]
NAYAN JAIN AND HARSHITA TOMAR
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
(First Published on Volume 01 Issue 03, November 2016)
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[Picture Courtesy: Pexels.com]
1.1. Santhara is not Euthanasia
The most imperative recognizing highlight between Santhara and willful extermination is that, euthanasia is mainly motivated by physical reasons i.e. to dispose of the physical agony and enduring. Unexpectedly, the fundamental reason for Santhara is otherworldly i.e. the cleansing of soul.
EMPOWERING SANTHARA THROUGH LAW [Part 2]
NAYAN JAIN AND HARSHITA TOMAR
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
(First Published on Volume 01 Issue 03, November 2016)
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[Picture Courtesy: Pexels.com]
Acaramga is the first set of discourses of Mahavira whose history can be traced back 2500 years prior. It is the principal ordinance of Jains, similar to Vedas of Hindus, Bible of Christians, Quran of Muslims and so on. It expresses that:
EMPOWERING SANTHARA THROUGH LAW [Part 1]
NAYAN JAIN AND HARSHITA TOMAR
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
(First Published on Volume 01 Issue 03, November 2016)
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[Picture Courtesy: Pexels.com]
ABSTRACT
May death be Auspicious!
History of Jainism can be traced back to 2,500 years ago and it still prevails in India. It is mainly represented by nonviolence (ahimsa). Jainism proscribes violence against all living things. It necessitates mendicants as well as laymen to be veracious vegetarians. The practice of fasting unto death i.e., santhara is celebrated as pious-ritual in Jainism though they are strictly against violence.
Wednesday, June 13, 2018
INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 3]
GAURI SHRIKHANDE
ARMY INSTITUTE OF LAW, MOHALI
(First Published on Volume 01 Issue 03, November 2016)
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INTERNATIONAL ENFORCEMENT
It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958, an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to the New York Convention.
INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 2]
GAURI SHRIKHANDE
ARMY INSTITUTE OF LAW, MOHALI
(First Published on Volume 01 Issue 03, November 2016)
ARBITRAL TRIBUNAL & RES JUDICATA
The arbitrators which determine the outcome of the dispute are called the arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith.
INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 1]
GAURI SHRIKHANDE
ARMY INSTITUTE OF LAW, MOHALI
[Picture Courtesy: Pexels.com]
(First Published on Volume 01 Issue 03, November 2016)
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ABSTRACT
As an alternative dispute resolution mechanism, the arbitration provides speedier settlement of commercial disputes, whether domestic or international in character.
Tuesday, June 12, 2018
THE ROAD FROM CODIFICATION TO IMPLEMENTATION: A CRITICAL VIEW OF VISHAKA GUIDELINES TO THE PRESENT LAW
ANNIE MAMPILLY
NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES (NUALS), KOCHI
(First Published on Volume 01 Issue 03, November 2016)
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[Picture Courtesy: Pexels.com]
ABSTRACT
"Frailty, thy name is woman", was the ignominy heaped upon women of Victorian Era by William Shakespeare in 'Hamlet'. This ignominy garners momentum even today. This submission lays focus on the long road from codification of a law to the practical implementation of the same with reference to the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Monday, June 11, 2018
A LEGAL ANALYSIS OF THE MERCHANT OF VENICE WILLIAM SHAKESPEARE
HARSH MAHASETH
NALSAR UNIVERSITY OF LAW, HYDERABAD, INDIA
(First Published on Volume 01 Issue 02, July 2016)
The Merchant of Venice is a Shakespearean play which revolves around a loan taken by a Venetian Christian merchant, Antonio, from a Jewish money-lender, Shylock. A conditional agreement was made between both of them that Shylock was to extract a pound of Antonio’s flesh which is closest to his heart if he is unsuccessful in returning the loan amount on time.