WHY IS JUDICIAL SEPARATION BETTER THAN DIVORCE?

Marriage is one of the most important social institutions of human society. Marriages are decided in heaven and arranged on earth. It is a solemn practice     which involves two individuals. But sometimes two people fail to coordinate with one another which might lead to adverse circumstances. According to Hindu marriage act 1955 section 13 part 1 either party can apply for a decree of divorce on the grounds specified in the section A wife has additional rights to apply for dissolution of marriage under section 13 part 2.Judicial separation is quite different from divorce. While in divorce all the rights and duties of a couple towards one another come to an end. In judicial separation only cohabitation ends other rights and duties still exist. A couple is free to reside under different roof after judicial separation but still has certain rights and duties.

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RTI for Change…

I had Recently filed an RTI in Tihar Jail, Regarding number of prisoners who are in jail because of failure of police to file a charge sheet against them within a period of 90 days of their detention, Under section 167(2), if a charge sheet is not filed within prescribed time then bail of these prisoners becomes their right, but due to financial and other difficulties they unable to excercize their right. My intention is to find how many of unfortunate prisoners are there in Delhi jail of Tihar,how we can help them to excercize their right..Today only I got the response from Tihar jail, They have transferred my application to commissioner of police…If you need help in filing RTI, Please contact me–here

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Precautions to prevent cheque bounce

If a cheque given to you by someone has bounced here are the precaution which you may take before dealing with the cheques or money transactions to avoid any fraud.

1. Name and complete address of the person who has given you the cheque- It is important if a third person is giving you a cheque, you must take a copy of his photo I.D which is a conclusive proof of his residence, because the person who you are dealing with will not be liable in case during that transaction the cheque is bounced.

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Coal Scam: Comic way to understand it

Well for those who are unable to understand the Coalgate and want to understand it in a simple hilarious way, here read this post…
Actors
Coal-everybody understand this black gold, it’s an important resource for power, steel, cement production so a resource of strategic importance…[That’s why this coalavaridi]
Central Government-UPA/NDA they have power to allocate coal blocks to companies who are either Central government companies or companies who are involved in production of cement, steel, power etc.[Rahul Baba, Manmohan ji, Abb ki baar Modi Sarkar have power to allocate coal]
State governments-No major role to play in allocation of coal [But important bali ka bakra]
Supreme court [Sabka baap] which declared coal allocation by central government as illegal.

Story
Once upon a time in the year 1993, then government [not modi Sarkar at that time], SAID CHALO ABB PRIVATISATION KARTE HAI SAB CHEEZO KAA, LETS MAKE MORE MONEY.LETS BRING ACHE DIN, so what the then government did was they changed the policy for coal allocation and formulated a new policy for inviting private players for mining of coal etc. The then central government laid the foundation of screening committee.
SCREENING COMMITTEE MEI SAB MINISTERS HEE BETHTE HAI JO YEH DECIDE KARTE HAI KI KISKO COAL BLOCK DIYA JAYE AUR KISKO BABAJI KA THULLU.
Now the entire dispute is related to this screening committee, screening committee wale log meeting karte hai hai aur coal blocks bant te hain.[SCREENING COMMITEE] CHALO KOYLE KII KHAAN BANTEE, PAR AS THERE WAS A MINDSET IN THE COUNTRY BEFORE MODI SARKAR, MERA KYA AUR MUJHE KYA, TOH WHAT THE SCREENING COMMITTEE GOT A CORRUPT MINDSET. So what they did was [BHAIYA JO PRIVATE COMPANY PAISA DEGI USKO KOYLE KI KHAAN BAAKI SABKO RAM RAM].As of total 36 meetings were held TILL DATE AUR KISI KO BHI PAKDA DIYA COAL BLOCK BINA KOI JAANCH PARTAL KEY BINA KOI VERIFICATION KAY.
Thus ek coal scam ka khulasa hua
YEHI CHEEZ SC MEI AAYI.
[CENTRAL GOVERNMENT]Aree bhaiya meine kya kara, state government se poocho wo hee dete hai license coal block dene ka [AS USUAL PASSING THE BUCK]
[SC]- CHALO STATE GOVERNMENTS SE POOCHTE HAI-[STATE GOVERNMENT] WAH KENDRA KI SARKAR WAH, [SCREENING COMMITTEE TUMHARI], MINISTERS TUMHARE,KHAYA PAISA TUMNE,GADHE HUM BANE.
[SC]-> [Central government] DESH KI JANTA ULLU NAI BETHI, ABHI KHOLTE HAI TUMHARA KACHAA CHITTHAA-TUM LOGO NEY APNI CHAHCHA TAU KI COMPANIYON KO AISE COAL BLOCKS DIYE HAI JAISE KOI DIWALI KA TOHFAA DETA HO[SCREENING COMMITTEE] MEI SAMOSEE AUR CHAYE KHATE KHATE COAL BLOCKS DEDIYE, BINA DEKHE KI KONSI COMPANY KYA HAI NAA KOI RULES DEKHE NAA KOI PROCESS FOLLOW KARA.KISI KO BHI DEDALA KOYLA YEH KOYLA TUMHARI BAAP KI JAGIR NAI HAI.
SC found that the coal blocks allocated from 1993 to till date were not as per the rules and procedure.

Why LGBT Sex is an alien issue for Indian Society….

Recently there was lot of hue and cry related to the unconstitutionality of IPC-377, which actually penalizes LGBT sex in the country, yes its an age old law and it should be scrapped but then why did SC did not realize this fact and upheld the constitutionality of IPC 377?

Here are the broad reasons.

1. No Illegality in IPC 377 Per Se-:

Th Sc held that there is no illegality in IPC 377,this is because of the fact that Indian society as a whole fail to recognize the community named as LGBT, LGBT community is an alien concept in rural India and in conservative urban India, Here in India when there is so much division on the basis of caste, Khap panchayats, how can even one think of an advance concept of LGBT when Indian society is even not prepared to give up old traditional caste system.

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COME MAKE IN INDIA

Prime Minister today at his independence day speech invited citizens to participate in accelerating manufacturing in India, But Mr. Prime Minister first is the creating an ambient environment in the country to implement your “Come Make in India” plans.

 

Here are the few areas which would be a hurdle for the Prime Minister’s Come Make In India scheme.

1. Land Acquisition-: Current prevailing law on land acquisition is not favorable for the entrepreneurs who wish to set up manufacturing units. The process of acquiring land is cumbersome and require lots of red tape. Example is case of TATA NANO factory, when lots of politics associated with land acquisition how can one set up a factory in various states.India needs more manufacturer friendly processes for land acquisition.

2. Red Tape-: India is a country where you need to go through lots of processes to set up your own  manufacturing hub, there is the need to simplify the same.There is no point a manufacturer waits for years to start actual manufacturing because of cumbersome processes as the Idea is “Come Make in India” not “Come and wait in India”.

3. Corruption

Red Tape along with corruption in various departments is a double jeopardy for the manufacturers, this is the reason why many manufacturers are not setting up in India.PM modi today was silent on the issue of corruption, he should clarify his stand on corruption. 

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Getting threatening calls from wife to lodge false 498a?

I have received lot of queries regarding many people that their spouse is threatening them to lodge false cases, raising certain demands etc etc.

Here are the few tips and case law which could help to you engineer your evidence better in order to fight such frivolous cases.

Sec-65B of evidence act talks about the admissibility of the electronic evidence, Electronic evidence is very much admissible like any documentary evidence.

 

So next time you receive any threatening call kindly record the same in your mobile phone, Nowadays smartphones have lots of apps to record clearly,please buy a paid app, which can support many formats, such that either the mobile phone or CD prepared from such mobile phone can be exhibited in the court. Remember it is always better to exhibit mobile phone to tackle any kind of objections see-: Sri. P. Padmanabh vs Syndicate Bank Limited, … on 15 November, 2007. With the advent of technology you are in the better position to craft your case.

 

Independence Day Free Legal Aid Program-8 Aug-16 Aug

This independence day get a respite from your legal issues, from LexSpeak.

For promoting access to justice and facilitating legal awareness LexSpeak offers Free Legal aid on any issues concerning any matter pertaining to law.

Vande Matram!!

 

For Legal Queries Click Here

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*This Free Legal Aid program is not an advertisement and is intended towards creating legal awareness among the people.

Why its better to give Divorce

Marriages are made in heaven and divorces are made in courts.Relationships are complex and they do end up sometimes. Nowadays in Indian society, divorces are common and it’s no longer a taboo.Divorces are painful but it’s better to give divorce than to suffer in a relationship which is source of grief.

Here are the few signs which would be the signs to end the relationship.

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Prepared to Quash 498a False case!!

Quashing of 498a is not easy, a petition under 482 CrPC is often filed in the HC if a person is aggrieved by a false case, here are the points which would cause rejection of your petition under 482 CrPC

1.No defect in FIR

If the FIR disclose an offence prima facie in nature then HC has no power to quash the petition under 482 CrPC, Under 482 CrPC HC has no power to go into evidence.

2. No Lapse in procedure

If the HC is satisfied that trial court has followed all the procedure then HC may not interfere in the findings of the trial court.

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