freelawbydjure

[freelawbydjure]

Supreme Court transfers to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST on online gaming companies

Today (April 05, 2024), the Supreme Court (SC) transferred to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST (Goods and Services Tax) on online gaming companies. The bench also tagged all these pending petitions with a petition pending in the SC filed by GamesKraft. The matter was heard today by a three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The SC bench posted the matter for hearing in the last week of April 2024. Online gaming companies such as Dream 11, Head Digital Works, and Games 24X7 have also filed petitions before the SC against the imposition of 28% GST on online gaming companies. Earlier on December 15, 2023, the SC refused to pass an interim order against GST demand notices to e-gaming companies and posted the matter for hearing on January 08, 2024. While hearing the matter on January 08, 2024, the top court sought response from the Centre Government on a batch of petitions challenging the constitutional validity of the imposition of 28% GST on online gaming companies. Today, the SC bench transferred all the pending petitions in High Courts related to the matter to itself and posted them for hearing in the last week of April 2024.

Also Read: Supreme Court Latest Updates

Also Read: Legal Articles

Also Read: Legal News

[freelawbydjure]

Bharatiya Nyaya Sanhita, 2023

 Introduction

Bharatiya Nyaya Sanhita, 2023 In India, IPC 1860 is the principal law on criminal offences covering those affecting the property, the human body, public order, defamation, public health, and offences against the state. The longstanding IPC criminal law has been amended several times over the years to add new offences, change the quantum of punishment, and amend existing offences. Moreover, several Law Commission reports have recommended amendments to the IPC on subjects such as food adulteration, offences against women, and the death penalty. To transform the criminal justice delivery landscape of India, the Bharatiya Nyaya Sanhita Bill 2023 was proposed which consists of 358 sections whereas the IPC 1860 consists of 511 sections. Minister of Home Affairs Amit Shah introduced the Bharatiya Nyaya Sanhita Bill in the Lok Sabha on August 11, 2023. Further, the BNS Bill was withdrawn on December 12, 2023, and the Bharatiya Nyaya (Second) Sanhita Bill, 2023 was introduced in the Lok Sabha. On December 20, and 21, the Bharatiya Nyaya (Second) Sanhita Bill, 2023, was passed in the Lok Sabha and Rajya Sabha respectively. Further, the Bharatiya Nyaya (Second) Sanhita Bill, 2023, received the assent of India’s President Droupadi Murmu, on December 25, 2023. Read More: https://www.freelaw.in/legalarticles/Bharatiya-Nyaya-Sanhita-2023 Visit our Website: www.freelaw.in for Free Supreme Court Judgments, Supreme Court Judgments, Legal News, Supreme Court Latest Updates

[freelawbydjure]

Domestic Violence Act, 2005

Introduction

What is Domestic Violence?

Domestic violence refers to one person seeking to gain power and control over another through physical, emotional, sexual, verbal, or economic means. It is a form of violence that occurs within the context of a domestic setting, such as a marital or cohabiting relationship. Domestic violence can manifest as physical assaults, threats, intimidation, coercion, isolation, and manipulation, causing significant harm to the victim’s physical, psychological, and emotional well-being. It also includes child abuse, honor-based abuse such as female genital mutilation, honor killing, and all other forms of abuse by an intimate partner. Domestic violence is a violation of human rights and reflects the unequal power dynamics and gender-based inequalities that persist in society.

In India, matters related to domestic violence are governed by the Protection of Women from Domestic Violence Act, 2005. Section 3 of the Protection of Women from Domestic Violence Act provides the definition of Domestic violence, which states that “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it,

Harms or injures or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse; or

Harasses, harms, injures, or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clauses (a) or (b); or

Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

Through this, the question “What is covered in domestic violence?” can easily be answered that is: Domestic violence generally includes Physical (beating, rape), Mental, Emotional, Economic, or Financial abuse.

What are the objectives of the Domestic Violence Act, 2005?

The Protection of Women from Domestic Violence Act was enacted by the Parliament on September 13, 2005, and extends to the whole of India. The main objective of enacting this Act is “to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.” Some other objectives of the Act include,

To prevent domestic violence by creating awareness about the issue and promoting a societal shift towards non-violence.

To ensure that those who commit acts of violence are brought to justice and face appropriate legal consequences.

To establish a comprehensive legal framework to address domestic violence that provides survivors of domestic violence with legal remedies, protection orders, and access to support services.

To provide medical assistance, counseling, shelter, and rehabilitation facilities to help survivors rebuild their lives and regain their independence.

Click here to read more Also Read: Supreme Court Latest Updates, Legal Articles, Legal News

Visit Our Website: freelaw.in

[freelawbydjure]

Kidnapping and Abduction: Key Differences

Introduction

Kidnapping

Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often with the intent to demand a ransom or exert control over the victim for various reasons. It typically involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical and psychological well-being. Now, let us understand, ‘What are the types of kidnapping?’ Under Section 359 of the Indian Penal Code, 1860, Kidnapping is divided into two types, kidnapping from India and Kidnapping from lawful guardianship.

Types of Kidnapping

The aforementioned types of kidnapping are provided under Sections 360 and 361 of the IPC.

Kidnapping from India

Section 360 of the IPC defines ‘kidnapping from India’ as “Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.” The main essentials that amount to this offence include,

to convey an individual beyond the limits of India whereas the offence under this section does not apply until the person reaches not only a foreign territory but also his destination.

to take such an individual or person without his own or any legally authorized person’s (on behalf of the person) consent.

Provided that the offence is not restricted to persons of unsound minds or minors but can be perpetrated against any male or female, major or minor, irrespective of their age and nationality.

Kidnapping from lawful guardianship

According to Section 361 of the IPC, ‘kidnapping from lawful guardianship’ means “Whoever takes or entices any minor under 16 years of age if a male or under 18 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.” The main elements that amount to this offence include:

take or entice a person, minor, or person of unsound mind.

such a person must be under 16 years and 18 years if male and female respectively.

take or entice such a person out of the keeping of the lawful guardian.

the process to take or entice a person should be done without the consent of the lawful guardian.

Abduction

Unlike kidnapping, abduction is not a crime in itself but the addition of intention to cause other offences make it a punishable offence. It encompasses a broader spectrum of scenarios. In general, abduction refers to the act of taking someone away by force or deception, but it may not necessarily involve the intention to harm or exploit the individual. Under Section 362 of the IPC, the term ‘abduction’ is defined as “Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.”

Consider this scenario: A divorced couple has joint custody of their child, and there exists a court-issued order that outlines the visitation rights of the non-custodial parent. If the non-custodial parent takes the child and retains custody without the custodial parent’s consent or in defiance of the court order, it may be classified as abduction according to legal standards.

Click Here to read more…

Also Read: Supreme Court Latest Updates

Also Read: Legal Articles

[freelawbydjure]

Legal Rights of Persons with Disabilities in India

Introduction

What is disability?

In general, disability refers to a condition or impairment that may limit a person’s physical, sensory, intellectual, or mental abilities, leading to difficulties in performing everyday activities. Disabilities can be congenital (present at birth) or acquired due to illness, injury, or other factors. From a medical perspective, disability is often classified into different categories based on the nature and extent of the impairment. The medical model of disability focuses on the individual’s physical or mental condition and views disability as a personal deficiency. It emphasizes medical interventions, treatments, and rehabilitation to alleviate or manage the disability.

However, the understanding of disability has evolved beyond the medical model to embrace the social model of disability. The social model recognizes that disability is not solely a result of individual impairments but is also shaped by the societal and environmental barriers that hinder full participation and inclusion. According to this model, disability is seen as a social construct that arises from the interaction between individuals with impairments and an inaccessible or discriminatory environment. In order to remove barriers, promote inclusivity, and empower individuals with disabilities to participate actively in all aspects of life, the rights-based approach is highlighted. In India, the Rights of Persons with Disabilities Act, 2016, reflects this evolving understanding of disability by emphasizing the rights and entitlements of persons with disabilities and promoting their inclusion in society.

As per Section 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, ‘Person with disability’ is defined as “a person suffering from not less than forty percent of any disability as certified by a medical authority.” and Section 2(s) of the Rights of Persons with Disabilities Act, 2016, defines a ‘Person with disability’ as “a person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.”

Also read: The Mental Healthcare Act, 2017

What are the Rights of Persons with Disabilities under the RPWD Act, 2016?

The Rights of Persons with Disabilities (RPWD) Act was commenced in 2016 whereas the enactment of this Act replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act was enacted to “give effect to the United Nations Convention on Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.” This Convention formulates certain principles to empower persons with disabilities including:

“Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

Non-discrimination;

Full and effective participation and inclusion in society;

Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

Equality of opportunity;

Accessibility;

Equality between men and women;

Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.”

In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, seven conditions of disabilities were identified which include, hearing impairment, blindness, leprosy cured, locomotor disability, low vision, mental illness, and mental retardation. In 2016, this Act was replaced by the Rights of Persons with Disabilities (RPWD) Act which expanded the categories of disabilities from 7 to 21. The added list of disabilities includes dwarfism, acid attack victims, speech and language disabilities, muscular dystrophy, specific learning disabilities, hard of hearing, autism spectrum disorders, blood disorders such as thalassemia, sickle cell anemia, and hemophilia, cerebral palsy, chronic neurological disorders such as Parkinson’s disease and multiple sclerosis, and multiple disabilities. The primary objective of this Act is to ensure that disabled people are able to live a respectful and dignified life. Also, it helps in protecting disabled people from any discrimination and ensures their political, economic, and social participation.

Click here to read the full article Visit our Website : www.freelaw.in

Also read: The Writ of Quo Warranto

[freelawbydjure]

Legal Considerations for Landlords: Rent Control Act and Eviction Laws in India

What is Rent?

Rent is a periodic payment made by a tenant to a landlord in exchange for the use and occupation of a property. It is typically agreed upon in a lease or rental agreement and can vary based on factors such as location, size, amenities, and market demand. According to Section 194-I of the Income-tax Act, 1961, the word “rent” is defined as “any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of any land or any building (including factory building), together with furniture, fittings and the land appurtenant thereto, whether or not such building is owned by the payee.”

Who is the Tenant?

The tenant is an individual who occupies a property under a lease or rental agreement. They pay rent to the landlord in exchange for the right to use and possess the property for a specified period of time, as outlined in the rental contract. According to Section 2(n) of the Model Tenancy Act, 2021, “Tenant, whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any premises is payable to the landlord under a tenancy agreement and includes any person occupying the premises as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made.”

Who is the Landlord?

The landlord is the owner or legal entity that owns a property and grants the right to use and occupy it to a tenant in exchange for rent. The landlord is responsible for maintaining the property, ensuring it meets legal requirements, and upholding the terms of the lease or rental agreement. As per Section 2(a) of the Model Tenancy Act, 2021, “landlord, whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include — (i) his successor-in-interest; and (ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, on account of or on behalf of or for the benefit of, any other person such as minor or person of unsound mind who cannot enter into a contract.”

What is the Rent Control Act of 1948?

The Rent Control Act of 1948 is an Indian legislation that was enacted to regulate and control the rents and eviction of tenants in certain areas. The act aimed to protect tenants from arbitrary rent increases and unjust evictions by imposing restrictions on landlords. It established rent control authorities to determine fair rents, specified grounds for eviction and provided certain rights and safeguards for tenants. The act has been amended over the years, and its provisions may vary across different states in India.

What is a rental agreement in India?

In India, a rental agreement, also known as a lease agreement or rent agreement, is a legally binding contract between a landlord and a tenant. It outlines the terms and conditions under which the landlord rents out a property to the tenant. The rental agreement typically includes details such as the names of the landlord and tenant, property address, rent amount and payment terms, duration of the lease, security deposit, maintenance responsibilities, utility charges, and any specific rules or restrictions. It serves as a reference document that helps protect the rights and obligations of both the landlord and the tenant during the tenancy period.

Read More >>>>> Also Read: An Overview of Rental Agreement, Rights of Tenant & Landlord | The Model Tenancy Act, 2021

Click Here to read more free Legal Articles

Visit Our Website: www.freelaw.in

[freelawbydjure]

TAKING CARE OF YOUNG MINDS: THE IMPORTANT PART OF SOCIAL-EMOTIONAL LEARNING (SEL) AT KIDS KINGDOM PRESCHOOL IN BELLANDUR, BANGALORE

Introduction:

In the bustling suburb of Bellandur, Bangalore, parents are always looking for the best places for their kids to grow and learn. With a unique mix of daycare and preschool services, Kids Kingdom Preschool stands out as a leader in early childhood education. We’re going to talk about what makes Kids Kingdom unique: their dedication to Social-Emotional Learning (SEL) and all the great things it can do for kids’ minds.

WHY SOCIAL-EMOTIONAL LEARNING (SEL) IS IMPORTANT IN PRESCHOOL:

Also Read: Top 5 best picture books for kids in 2023

THE BENEFITS OF SEL IN PRESCHOOL:

1. Building Strong Foundations:

Emotional intelligence is built on SEL, which teaches kids how to notice and deal with their feelings. The SEL preschool program at Kids Kingdom is meant to help kids become more self-aware and empathetic, which is the first step toward good social skills.

2. Enhanced Communication Skills:

At any age, communication is very important, and Kids Kingdom knows this from a very young age. SEL activities for toddlers are carefully planned to help kids communicate clearly both verbally and nonverbally, which helps them learn language and social skills.

3. SEL for Early Childhood Development:

Early childhood is a very important time for brain growth. Kids Kingdom’s SEL program works on both cognitive and emotional development to help kids make a smooth transition to formal schooling.

Click Here To read Full Blog Read More: Also Read: Tips for working mothers

[freelawbydjure]

Non-examination of Investigating Officer : How much Fatal for Prosecution

Investigation

An investigation is a systematic and organized process of gathering information, evidence, and facts to uncover the truth or establish the circumstances surrounding a specific event or situation. It involves the diligent examination, analysis, and evaluation of available resources and sources to discover relevant details and establish a comprehensive understanding of the matter at hand. Investigations can be conducted by law enforcement agencies, private investigators, or other professionals with the aim of solving crimes, resolving disputes, uncovering misconduct, or obtaining information for decision-making purposes. The process typically involves various techniques such as interviews, research, surveillance, and forensic analysis to uncover the truth and provide a basis for further action or resolution. Investigations are conducted only by those police officers or any other professionals who have been assigned the case. In order to conduct the investigation, the Magistrate has the power to authorize any other person to investigate the case on his behalf. The investigating officer has to maintain a ‘Case Diary’ which includes detailed information about what was observed throughout the investigation as well as it includes the starting and closing time of the investigation. After the registration of FIR, the line of investigation is decided in relation to the case that is whether there is eyewitness or any circumstantial evidence.

Eyewitness: One who has seen the occurrence of an incident.

Circumstantial evidence: Something that connects various circumstances to the crime such as previous animosity, threats, and last seen theory.

At different stages of investigation, three types of reports are to be prepared that are listed as follows:

A preliminary report is to be submitted to the Magistrate from the officer-in-charge of a police station, as mentioned in Section 157 of CrPC.

An investigation report is to be submitted from the subordinate officer to the officer-in-charge of the police station, as mentioned in Section 168 of CrPC.

A final report is to be submitted to the Magistrate after the completion of the investigation, under Section 173 of CrPC.

Click Here to Read more: https://www.freelaw.in/legalarticles/Non-examination-of-Investigating-Officer-How-much-Fatal-for-Prosecution

Visit our Website www.freelaw.in for Free Supreme Court Judgments, Supreme Court Judgments, Legal News, Supreme Court Latest Updates

[freelawbydjure]

Equal Remuneration Act, 1976 

The Equal Remuneration Act, 1976 is an important legislation in India that prohibits discrimination in terms of remuneration on the grounds of gender. Click Here to read to Article: https://www.freelaw.in/legalarticles/Equal-Remuneration-Act-1976

[freelawbydjure]

The Prevention of Corruption Act of 1988 is a crucial legislation enacted by the Indian Parliament, it came into effect on September 09, 1988

The Act defines corruption and its various forms, including bribery, abuse of power, and illicit enrichment.

Click here to read: https://www.freelaw.in/legalarticles/Prevention-of-Corruption-Act-1988

[freelawbydjure]

Prevention of Corruption Act, 1988

Introduction

The Prevention of Corruption Act of 1988 is a crucial legislation enacted by the Indian Parliament, it came into effect on September 09, 1988, to combat corruption and promote integrity in public administration. In the pre-1988 era, India lacked a comprehensive law specifically targeting corruption. The absence of a robust legal framework hindered the effective prosecution of corrupt individuals and fostered a culture of impunity. Recognizing the need to address this pressing issue, the Indian government enacted the Prevention of Corruption Act of 1988 to provide a specialized legal framework for combating corruption. With the enactment of this Act, the provisions of the Prevention of Corruption Act, 1947 (which acted as a model for its enactment) were consolidated.

The Act defines corruption and its various forms, including bribery, abuse of power, and illicit enrichment. It covers public servants, both in the government and public sector undertakings, who engage in corrupt practices. In India, there is no law that specifically prohibits bribery in the private sector. However, the same can be done through the Companies Act, 2013 which penalizes ‘Fraud’ in connection with the company affairs. The Prevention of Corruption Act, 1988, safeguards the rights of individuals and aims to prevent the coercive practice of demanding substantial payments from citizens by government officials in exchange for completing official tasks. This practice, commonly referred to as bribery, is deemed illegal by the Indian government.

The Prevention of Corruption Act of 1988 has undergone an amendment to address emerging challenges and strengthen the fight against corruption. The amended Act is known as the Prevention of Corruption (Amendment) Act, 2018. This amendment introduced several crucial changes, including the criminalization of bribe-giving, the protection of public officials from malicious or vexatious complaints, and the establishment of special courts for speedy trials of corruption cases. It also introduced provisions for the attachment and confiscation of property acquired through corrupt means. These amendments aimed to enhance the Act’s efficacy and streamline the judicial process. This article aims to provide a comprehensive understanding of the Act, its key provisions, and its significance in curbing corrupt practices.

Click Here To Read The Full Article

Read More: Legal Articles Also Read: Supreme Court Latest Updates, Legal News Explore Supreme Court Judgments for Free

[freelawbydjure]

Dowry Prohibition Laws

Introduction

In India, the dowry system has a long history that dates back centuries. It is a traditional practice in some cultures, including India, where the bride’s family provides gifts, money, or property to the groom or his family at the time of marriage. While hearing the S. Gopal Reddy vs. the State of A.P. case, Justice Dr. AS Anand held that “The curse of dowry has been raising its ugly head every now and then but the evil has been flourishing beyond imaginable proportions. It was to curb this evil, that led the Parliament to enact The Dowry Prohibition Act in 1961.” According to Section 2 of the Dowry Prohibition Act, ‘dowry’ means “any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before [or any time after the marriage] [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.”

It is given as a form of financial support as mentioned in Section 6 of the Dowry Prohibition Act (Dowry to be for the benefit of the wife or her heirs) but can lead to social issues, exploitation, and gender-based violence. Some of the most common dowry crimes against Indian women include cruelty, abetment to suicide, domestic violence, dowry death, female foeticide, no education for girls, and fraud. According to Statista Research report on ‘reported dowry death cases in India from 2005 to 2021’ it has been observed that 6.8 thousand cases in India were reported regarding dowry death in 2021. The anxiously increasing number of dowry death cases has awakened the need for laws to prevent and prohibit them. This article provides a brief discussion of different laws related to Dowry in India and punishment as per the law for those who accept, demand, or give dowry.

Laws related to Dowry in India

There are several laws in India that aim to prohibit and combat the dowry system, which is a social issue prevalent in some parts of the country. Here are some key legislations related to dowry:

The Dowry Prohibition Act, 1961

The Act was enacted on May 20, 1961, in order to ‘prohibit the giving or taking of dowry’. It is applicable to the whole world except the State of Jammu and Kashmir. This is the primary legislation that makes the giving or taking or demanding of dowry, directly or indirectly, illegal. The act also penalizes anyone who abets or aids in the giving or taking of dowry. Section 3 of the Act illustrates the penalty for giving or taking dowry, it states “If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years and with fine which shall not be less than fifteen thousand rupees, or the amount of the value of such dowry whichever is more…” Not only this, any individual who demands dowry is also punishable under the provisions of this Act. According to Section 4 of the Dowry Prohibition Act, “If any person, demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to two years and with fine which may extend to ten thousand rupees…” This means that either of the parties demanding dowry is penalized.

Along with this, Section 4A of the Act penalizes the one who offers any property or money as consideration for the marriage of his son, daughter, or any other relative via advertisements. The one who does the same is punished with imprisonment not less than six months but which may extend to five years or a fine extending to 15,000 rupees. Any agreement related to the give or take of dowry is addressed as void as per Section 5 of the Dowry Prohibition Act. In addition to this, Section 7 of the Act defines ‘Cognizance of offences’ where “no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.” Also, the cognizance of an offence should be taken by the Court only when the report is mentioned by the victim, the parents, or any other relative of the victim. Moreover, the punishments mentioned in Sections 3 and 4 of the Act are made hasher with Section 8 of the Dowry Prohibition Act which makes the offence cognizable and non-bailable. As per Section 8A, “Where any person is prosecuted for taking or abetting the taking of any dowry under Section 3, or the demanding of dowry under Section 4, the burden of proving that he had not committed an offence under those sections shall be on him.”

Click Here To Read The Full Article

Read More: Legal Articles Also Read: Supreme Court Latest Updates, Legal News Explore Supreme Court Judgments for Free

[freelawbydjure]

Hindu and Muslim Law of Succession: Key Differences

Hindu Succession Law

In India, the inheritance and succession of property among Hindus (including Sikhs, Jains, and Buddhists) is governed by the Hindu Succession Law. Under the law, a Hindu man’s property is distributed among his immediate family members equally, including his wife, children, and grandchildren. In the absence of children, the property is shared by the wife, mother, and siblings. The history of Hindu Succession Law has witnessed several significant changes. Prior to 1956, Hindu women had limited rights to inherit property. In 2005, the law underwent substantial amendments to remove gender-based discrimination. The amendments granted daughters equal rights as sons in ancestral property and expanded the scope of inheritance for women. If a Hindu dies intestate (without a will), the property is divided as per the law.

Muslim Succession Law

In India, the principles of Islamic Shariah govern Muslim Succession Law. According to the law, a Muslim’s property is divided among his or her legal heirs. The heirs are classified into two categories: sharers and residuaries. Sharers are entitled to a fixed portion of the estate, which includes spouses, children, parents, and grandparents. Residuaries receive the remaining portion of the estate after the sharers have received their shares. The shares of the heirs are determined based on specific rules and proportions outlined in Shariah. The aim of the law is to ensure fair distribution of the deceased’s property among eligible heirs in accordance with Islamic principles.

Key Differences

Source of Law

Hindu Law: Hindu Law is a codified law where the inheritance and succession of property in the Hindu religion is dealt with under the provisions of the Hindu Succession Act, 1956. This Act is not applicable in the case of marriages performed under the provisions of the Special Marriage Act, 1954. The Hindu law of succession for property is primarily derived from ancient Hindu scriptures or religious texts including the Vedas, the Manusmriti, and the Dharmashastra. Along with this, customary practices, legislative enactments, and various judicial decisions also play a significant role in influencing the Hindu law of succession.

Muslim Law: It is not a codified law. In general, there are four main sources of the Muslim Law including the Quran, Sunna, Ijma, and Qiyas. The Muslim law of succession for property is derived from the Quran, the Hadith (sayings and actions of Prophet Muhammad), and the consensus of Islamic jurists. The Muslim law of succession is a component of the Muslim Personal Law, which encompasses various aspects of personal life for Muslims, including marriage, divorce, and inheritance.

Click Here To Read The Full Article

Explore Supreme Court Judgments for Free

Also Read: Legal News

Visit Website: Free Law

[freelawbydjure]

Alibi vs. Witness: Key Differences in India

Learn the difference between these two important legal concepts at freelaw.in.

[freelawbydjure]

Alibi and Witness: Key Differences

Introduction

Part I: Alibi — The Defense’s Shield

An alibi is a powerful legal defense strategy employed in criminal trials. At its core, it aims to provide evidence that the defendant was not present at the scene of the crime when it occurred. The term ‘Alibi’, as it is, is neither defined in the Indian Penal Code nor the Indian Evidence Act, 1872. It was recognized as a Rule of evidence under Section 11 of the Indian Evidence Act. Along with this, Section 103 of the Indian Evidence Act also deals with the Plea of Alibi. It states that “The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.” Here are the key aspects of an alibi:

Absence at the Crime Scene: The fundamental premise of an alibi is that the defendant, at the time of the alleged criminal activity, was located elsewhere. This absence is crucial to create reasonable doubt in the minds of jurors or the presiding judge.

Establishing Reasonable Doubt: Alibis are introduced to raise doubts about the defendant’s culpability. By proving that the defendant could not have committed the crime due to their presence elsewhere, the defense aims to undermine the prosecution’s case.

Corroborative Evidence: Alibis often involve presenting corroborative evidence, such as witness testimonies, documents, or surveillance footage, to support the defendant’s claim of being at a different location during the alleged crime. This evidence bolsters the credibility of the alibi.

Burden of Proof: In most legal systems, the burden of proving an alibi falls on the defense. This means that the defense must provide convincing evidence to establish the alibi’s credibility.

Challenging the Alibi: The prosecution, in response, may challenge the alibi by presenting contradictory evidence or undermining the credibility of the alibi witnesses.

Part II: Witness — The Eyes and Ears of the Court

In contrast to an alibi, a witness is a person who provides firsthand knowledge or testimony related to an event or situation in a legal proceeding. Here comes a question, ‘who may testify?’ The same is defined efficiently under Section 118 of the Indian Evidence Act, which states that “All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.” Witnesses can be called by either the prosecution or the defense, and they serve various roles:

Click Here To Read The Full Legal Article Search High court & Supreme Court JudgmentsSupreme Court Updates