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Monday, August 26, 2013


Rajya Sabha approved a proposal to make divorce friendly for women as it provides for the wife getting share in the husband's immovable property after "irretrievable breakdown" of marriage.
The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband's inherited and inheritable property for the wife and children once the marriage legally ends.
The Bill allows both parties to file for divorce on the ground of "irretrievable breakdown" of marriage. Both parties have to live apart for at least three years before filing for such a petition.
Provisions have been made to restrict grant of a decree of divorce on ground of "irretrievable breakdown" of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.
Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.
Replying to a debate on the bill, Law Minister Kapil Sibal said it is a "a historic peace of legislation" in a patriarchal society like India where women, who constitute 50 per cent of the population, own only two per cent of the assets.
He said the divorce is "gender neutral" as either the wife or the husband can seek divorce. However, the right over property will not be gender neutral as wife can lay claim on husband's immovable property.
The Bill also provides that a court can take an ex parte decision on granting divorce if one of the two parties refuse to move a joint application.
As per the existing laws, the parties have to move a motion jointly between 6 and 18 months in case of divorce on grounds of mutual consent.
Courtesy- Indian Express

Friday, August 23, 2013

TAKING PHOTO ON MOBILE PHONE----AN ARTICLE ON THE BASIS OF A REAL STORYഅന്ന് ആനുവൽ ഡേ ദിവസമാണ് സംഭവം നടന്നത്. എല്ലാം കളർഫുൾ. ഉച്ചക്ക് ശേഷം സ്പോർട്സ്‌ ആയിരിന്നു.....

അന്ന് ആനുവൽ ഡേ ദിവസമാണ് സംഭവം നടന്നത്. എല്ലാം കളർഫുൾ. ഉച്ചക്ക് ശേഷം സ്പോർട്സ്‌ ആയിരുന്നു ...


നീതിയുടെ ഹീലിംഗ് ടച്ച്‌ കാത്ത്...Dalit Christians- Article on SC reservation for Dalit Christians.

സ്വതന്ത്ര ഭാരതത്തിലെ ഒരു കോടതി മുറിയാണ് രംഗം. മൊബൈൽ ഫോണിൽ ആരും അറിയാതെ കോടതിയിൽ നടന്നത് റെക്കോർഡ്‌   ചെയ്തു ഒരാൾ പുറത്തിറങ്ങി...

Read more... an article about the discrimination of Dalit Christians in India, for last six decades...

നീതിയുടെ ഹീലിംഗ് ടച്ച്‌ കാത്ത്...Dalit Christians

Tuesday, August 20, 2013

SARFESI ACT - The implications of the Act is really a nightmare to many poor debtors...

The Securitisation Act was introduced with a vigor to secure the unsecured assets. Obviously, the procedure for taking possession of the mortgage property become easier and less expensive for the Banks. But who is at the receiving end?
Now many banks are engaging third parties to property under their possession. The ordeal, mental and physical (threat) are unbearable as far as the illfated are concerned. Its purely like a private deal, even in the case of Nationalised Banks. Even a failure to pay a few installments may result in the initiation of the proceedings under the SARFESI Act..... its time to rethink about the rights and fate of illfated debtor.


The conviction in a criminal case...will it treat as an evidence in a civil case?

Conviction in a criminal offence is no evidence of fact as which that conviction was based in a civil case in which those facts are in issue or form the subject matter of the suit. But when conviction is based on a plea of guilty, that plea is relevant and to prove it, the judgment in the criminal case is admissible in evidence in the subsequent civil suit in which the facts give rise to the charge are in issue or form the subject matter of the suit...
Taylors Treatise - law of evidence Vol II 1931 Edition Para 1694.

Motor accidents claim- Even if the injured failed to produce hospital bills, compensation for treatment can be allowed..

Motor accidents claim- Even if the injured failed to produce hospital bills, compensation for treatment can be allowed..
Assume a situation where you were admitted in hospital and were undergoing treatment for the accident which you met, due to rash and negligent driving of some other person on the public road. You omitted to keep the bills of the hospital expenses and medicine. However, you proceed to get compensation from the Motor Accidents Claims Tribunal. During evidence, you have not produced the bills, because the same were not in your custody. Can the Tribunal award compensation for you in the particular head of hospital expenses ?
It was held in Muneera V. M D KSRTC, that even if the bills of hospital expenses are not maintained and produced before the Tribunal, notional compensation can be awarded to the injured. In the case in hand, the Division Bench of High Court of Kerala ordered to pay a compensation of Rs 20000/- towards the head of hospital expneses; even though no bills was produced by the injured/claimant.