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Irretrievable Breakdown of Marriage-New ground for divorce under Section 14 of the Hindu Marriage Act, 1955 suggested by the Law Commission s 217th Report
The Law Commission of India in its 71st Report title "The Hindu Marriage Act, 1955 - Irretrievable Breakdown of Marriage as a Ground of Divorce" recommended amendments in the Hindu Marriage Act to make irretrievable breakdown of marriage as a new ground for granting divorce among the Hindus. The Commission examined the extant legislations as well as a number of judgments of the Supreme Court and High Courts on the subject and has expressed the view that "irretrievable breakdown of marriage" should be incorporated as another ground for granting divorce under the provisions of the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. This had been previously held in the case of Naveen Kohli v. Neelu Kohli in 2006.
Supreme Court awards compensation of Rs. 1 crore to victim in a claim for medical negligence
The honourable apex court has awarded exemplary damages of Rs. 1 crore to the victim – a software engineer who suffered permanent disability (partial paralysis and other disabilities) due to medical negligence at a government hospital in the state of Andhra Pradesh. The High Court of Andhra Pradesh had awarded compensation of Rs. 15 Lakhs. However, it was increased from Rs. 15 lakhs to Rs. 1 crore by the Supreme Court.
President appoints new judges for Delhi High Court
Letters of appointment of Ms Indermeet Kaur Kochhar and her husband Mr A K Pathak were issued by the President here today. Both would be sworn in as Judges of the Delhi High Court. Mrs. Kochhar was the district and session Judge of Union Territory of Delhi, while Mr Pathak, was the district Judge of Karkardooma Court.The President has also appointed Mr Ajit Bharihoke, presently Registrar General of the Delhi High Court, and Mr V K Jain secretary, General of the Supreme Court, as Judges of Delhi High Court.
Legalight Solutions (India) Pvt. Ltd. collaborated with Vidhi Sanchalan
Legalight Solutions has entered into collaboration with Vidhi Sanchalan, a public charitable trust which aims at spreading legal awareness. Together, Legalight Solutions and Vidhi Sanchalan plan to increase legal awareness and also resolve disputes effectively.
Report of Retired Justice B.N. Srikrishna on the clashes between lawyers and police that occurred in the High Court of Tamil Nadu at Chennai.
The Honourable Supreme Court Bench led by Chief Justice of India K.G. Balakrishnan had directed the formation of a high powered committee to inquire into the clashes that occurred between lawyers and police in the Madras High Court. The Committee headed by retired Supreme Court Judge B Srikrishna has submitted its report on the clashes. In the report, former Justice B.N. Srikrishna has noted that the lawyers misbehaved and thereby incited the Police officers to resort to lathi charge. In the report, it was also suggested that the Advocates Act, 1961 be suitably amended to ensure better discipline on part of lawyers.
Bar Council of India introduces age bar for admission in law colleges
The Bar Council of India, the primary body which regulates the legal education sector in India has introduced age bar for admission into law colleges in India. As per the new rule, students applying for the 5 years integrated law course will not be eligible if above the age of 20 and students applying for the 3 year law course will not be eligible if above the age of 30. However, SC/ST and OBC students are eligible till they reach the age of 22 and three-year course till the age of 35. This new rule has created havoc among the legal community, students and teachers likewise.
Right To Information Act 2005
Art. 19(1) (a) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression. Further Article 19(2) restricts by stating that nothing in Art. 19(1) (a) shall effect the operation of any existing law or prevent the state from making any law in so far, as such law imposes reasonable restriction on the exercise of the right conferred by the said sub-clause.
The right to impart and receive information is a species of the right of freedom of speech and expression guaranteed under Art. 19(1) (a). Taking the Judicial verdict rendered by Hon'ble Supreme Court of India and High courts in a right perception, Indian Parliament passed the RIGHT TO INFORMATION ACT 2005, which came into effect from 15.06.2005. This enactment set out its objectives in the Preamble, which aims to promote transparency and accountability in the working of every public authority. The Act entitled the citizen to know the details of governance subject to certain limitation.
To know more about the Act, readers are advised to read the Act before they seek information, as the subject matter produced here is not exhaustive. Further they are requested to refer the judgment rendered by Hon'ble Supreme Court in the case of Akhil Bharat Goseva Sangh(3) Vs. State of A.P. and other reported in 2006 (4) SCC 162.
The Protection Of Women From Domestic Violence Act 2005
The Act has been enacted for the protection of women from domestic violence and further for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The Act has come into effect from 17.10.2006.
Taking into consideration existing criminal and civil laws and the statute prevailing in India, it was proposed to enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21 of Constitution of India to provide a remedy for protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.
Women who are married and staying with husband and his parents, sisters, brothers and are living together, sharing the household can seek remedy under the Act in the event of domestic violence. Further, even the adopted daughter, or sister or even mother can seek remedy under the act against the person who abused them.
The Act defines the expression "Domestic Violence" to include actual physical abuse, sexual, verbal emotional threat or economic harassment by way of unlawful dowry demands to the women of her relatives would also be covered under the definition.
The Act also provides for the protection of women and her rights guaranteed under the contract of marriage or under the relevant statute depending upon each case.
To know more about the Act, readers are advised to read the Act before they seek protection, as the subject matter produced is not exhaustive.
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