LEXIS AND COMPANY

  WILL By P.Hema The owner of an immoveable property when dies declaring the distribution of his property to his legal heirs as he wishes, then such a document is called as a Will which shall come into effect only after his death. Applicable laws: The Indian Succession Act, 1925 Indian Registration Act, 1908 The Hindu Succession Act The Indian Succession Act deals with two kinds of wills: Privileged will Unprivileged will Privileged will is the will which is made by the soldiers of expedition or warfare and hence they need expeditious procedure. Whereas unprivileged will is a will other than the privileged will.  Execution of privileged will Privileged wills may be in writing or may be made by word of mouth. If the instrument purporting as will is written wholly or in part by another person and not signed by the testator, the instrument shall be deemed as testator’s will, if shown that it was written by the testator’s directions or that he recognized it as his will. If it appears on th

 Prohibition of Child Marriage (Amendment) Bill, 2021 The Bill named as ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ is an amendment to the ‘Prohibition of Child Marriage Act, 2006’ which also replaced the ‘Child Marriage Restraint Act, 1929’. It talks about raising the legal age of marriage for girls from 18 years to 21 years which will also bring them at par with the legal age of marriage for boys set at 21 years. Also, it will have an overriding effect on all the provisions and sections mentioned under the personal law such as: a) Indian Christian Marriage Act, 1872 b) Parsi Marriage and Divorce Act, 1936 c) The Muslim Personal Law Application Act, 1937 d) The Special Marriage Act, 1954 e) The Hindu Marriage Act, 1955 f) Foreign Marriage Act, 1969 Whatever it is mentioned above, does not provide for any uniform minimum age of marriage for both men and women. This was basically introduced in the Lok Sabha on the recommendations of the Niti Aayog Task Force. Now, it has been

  The idea is to become big , you want to expand and grow. Be it private or public company  , using personal money to grow and expand is now being eliminated Companies could be in a situation where they can franchise out , but most of the companies today pursue to merge to optimise your ability to do better business at this cost. They directly aim at the scale of business, the bigger you are , the bigger share you have , more you could dominate the price and consumers , basically control the market. In this Article we would read in brief about mergers. In this rapid growing and highly competative world , everyone is aiming big and high , and now with the voracious competition , every company want to multiply their scale of size and economy . Merger now has been inculcated as an option to be opted for in their expanding and growing tool. As, merger acts as a multiplication to current assets and profit. A lot happens when a merger occurs including certain employees getting let go , certa

  CONCEPT OF CONTEMPT OF COURT  BY NUPUR GARG INTRODUCTION  In India, under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal contempt, it is generally felt that the existing law relating to contempt of courts is somewhat uncertain, undefined and unsatisfactory. The jurisdiction to punish for contempt touches upon two important fundamental rights of the citizens, namely, the right to personal liberty and the right to freedom of expression. It was, therefore, considered advisable to have the entire law on the subject scrutinized by a special committee. In pursuance of this, a committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtaining in our own country and various foreign countries. The recommendations, which the committee made, took note

  Case Analysis of V.K. Kumaresan v. P.Jayasaleen By Shweta Nair On 19 February 2020 , a judgement was passed in the High Court of Judicature by Justice S.Vaidyanathan at Madras. V.K. Kumaresan , an advocate had filed petition for relocating case which is awaiting before the main Sub-Ordinate Court in Vellore to the Subordinate Court in Ranipet. In this case, the respondent named P.Jayaseelan who was a doctor had given his house for rent charging monthly Rs.1800 to the petitioner in the Vellore district. But payments for the rent were irregular and the house had become a dumping yard which inflamed the respondent. The Doctor demanded Advocate to empty his house but he rejected. The respondent filed an interim application for retrieval of debts. Rental Arrears of Rs. 1,94,000 was deposited before the court. An application was filed again for the vacating of premises; advocate disproved stating that the arrears were already paid by him. The retrieval of arrears worth Rs.2,44,000 were r

  Case Analysis Navtej Singh Johar vs Union of India & Ors By: Anjali Tiwari Facts of the case Consensual sex between gays was classified as a "unnatural offence" under Section 377 of the IPC, and thus was made illegal. It discriminates against a minority primarily on the basis of their sexual orientation, which is similar to sex discrimination. In Suresh Kaushal and Anr Vs. NAZ Foundation and Ors, the section was challenged. It is claimed that it is in violation of Articles 14, 15, and 21 of the Constitution. In response, the Supreme Court issued an ambiguous ruling, indicating that the decision to decriminalize homosexuality should have been decided by Parliament rather than the courts. The courts can only do so if the statute is proven to be in violation of constitutional provisions beyond a reasonable doubt. Furthermore, the court stated that because fewer than 200 cases have emerged in 150 years, there is insufficient evidence to declare that section 377 IPC is ultra

  APPLICABILITY OF RES JUDICATA IN INTERIM APPLICATIONS It is well settled that Section 11 of the CPC is not the foundation of the principle of res judicata, but merely a statutory recognition thereof and hence, the provision is not to be considered exhaustive of the general principle of law. According to the Explanation VII of the Section 11, CPC, this provision also applies not only to suits but also to the issues in the same suit. Along these lines, this teaching of Res Judicata is a basic idea dependent on open policy and private interest. It is imagined in the bigger public interest, which requires each & every litigation to conclude. It, along these lines, applies to civil suits, execution proceedings, arbitration proceedings, taxation matters, writ petitions, authoritative orders, interim orders, criminal proceedings, and so on Standard litigation being a party or asserting under a party of a previous suit can't maintain a strategic distance from the pertinence of sectio

 SCHEMES OF WORKERS’ PARTICIPATION IN MANAGEMENT HISTORY Participation of workers in the management of industrial enterprises has been considered for many decades by the Indian government to be an effective means of ensuring industrial peace and promoting increased productivity. To this end, the Government of India has taken several steps to promote participation in management. In 1947, the Industrial Disputes Act required the formation of bipartite Works Committees. 1 In India the idea of workers' participation was actually supported and encouraged by legislation, by incorporating it in the Industrial Disputes Act, 1947, which provided for establishment of Statutory Committees called Works Committees. SCHEMES Since then, there have been some significant developments in the matter of implementation of this concept. There are five distinct stages of participative management in India: i. Works Committee (Chapter II, Section 3 of the Industrial Disputes Act, 1947): The Industrial

  Custodial torture and violence Custodial violence is referred to as the violence, torture, rape or death of the person while he/she is in the police of judicial custody. This torture can be physical or mental. According to National Human Rights Commission (NHRC), a total of 1,067 people died in custody in the first five months of 2021. On average, 5 custodial deaths occur every day. Annual Report on Torture 2020 released by the National Campaign Against Torture (NCAT) reported that the highest number of custodial deaths were reported from Gujarat and Uttar Pradesh with 11 custodial deaths each; followed by 10 in Madhya Pradesh; nine in West Bengal and so on. India is the world’s largest democracy. The increased no. of custodial deaths raises a huge doubt on its police system. The police department, which is supposed to prevent crime and disorder is put to a big question here. Peter Benenson, founder of Amnesty International rightly said: The candle burns not for us, but for all those