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Adultery with reference to Christian and Hindu Law

 Adultery with reference to Christian and Hindu Law Adultery as defined under Section 497 of the Indian Penal Code, 1860, means whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery.” The key ingredients of adultery are: An act of sexual intercourse outside marriage and the intercourse should be voluntary Adultery as a ground for divorce under Hindu Law: Under Hindu Marriage Act, 1955 adultery is a ground for divorce under Section 13(1)(i). According to it, adultery is an act of voluntarily indulging into sexual intercourse out of marriage. Thus, it becomes necessary for the petitioner to prove that he/she is married to the respondent, and the respondent made voluntary sexual intercourse with another person. Adultery was treated as an immoral act before the enactment of t

Utility of Nuclear Deterrence Theory

  Utility of Nuclear Deterrence Theory The nuclear deterrence theory was put forward by  Bernard Brodie . During the bombings of Hiroshima and Nagasaki, the nuclear weapons were merely treated as a better version of conventional weapons but eventually, these came to be thought of as ‘the absolute weapon’ which led the idea of deterrence to emerge. Brodie stated that in order to create a link between deterrence and emerging non-military threats, there is a need to come up with a mechanism that would encompass present and future military and non-military threats. The focus of nuclear deterrence theory was that the imminent destruction that is guaranteed with the use of nuclear weapons coupled with the risk of retaliation would deter states from using them.  One of the major examples of this theory is the  Cuban missile crisis of 1962 . Both the sides, U.S and USSR had huge stockpiles of nuclear weapons and a nuclear war between both nations seemed inevitable. The world was divided into t

Patenting

  Patenting   The patent is the protection provided on a new invention or discovery. A patent is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to the problem. To get a patent, technical information above the invention must be disclosed to the public in the patent application.  Patenting is provided for a limited no. of years, this ensures that no one else can copy the invention or the discovery so made. The patenting has three types of laws, such as utility patent, design patent  and plant patent, The patent utility is known for its invention, this type of patent is granted to new machines, manufacturers, improvement, investment strategy, tools, chemicals, etc.  In the US the period for such a patent is 20 years from the date of the application filed. In this, the owner pays certain maintenance fees. This type of patent takes 2-3 years to get granted. Design patent, issued in connection with new, original, and ornament

Moot competitions, Legal aid, and Internship Important for Students

 Moot competitions, Legal aid, and Internship Important for Students Law is one of the most famous and reputable careers. It is a five-year course which not only involve theoretically but also practically. A lawyer doesn't only learn from his books and teachers but through internship and competition are other avenues for knowledge. As a law student, in my view, I believe it is important for the aspiring student to have an all-rounder experience, to begin with, there are various completions such as debate, MUN, article writing, research, client counseling, etc. But the most important completion which gives an idea of litigation is moot competition. Moot completion is a competition, wherein the students participate in groups of three. The student plays the role of advocate or researcher. The participants are given a case 3 months before the competition, they prepare the case's memorandum, which states all the facts and arguments of the case. Mooting helps the students, to

Marriage and its legal concequences

  Bottom of Form Top of Form Bottom of Form Marriage and its Legal Consequences                 India is a secular country in which citizens have the constitutional right to practice and propagate any religion they wish. In India, there are a variety of religious personal rules that govern marriage. Marriage is a sacred covenant that binds two individuals together for their entire lives. Marriage was originally viewed as a social institution to prevent men from engaging in unlimited polygamy and to establish paternity for their children. The state has made rules to control every element of human life over the years, and marriage is no exception. Marriages in India are governed by the personal laws of the religion practised by the parties to the marriage. The Special Marriage Act of 1954 and the Foreign Marriage Act of 1969, respectively, govern inter-religious and inter-national weddings. As a result, we have laws that govern the necessary elements for lawful marriage, grounds for divo

Adultery

  Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well. Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual are believed to be followed.  Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:- This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands. The section was ignorant on the matter of the adulterous act of the husband. Adultery

Difference Between Act of God and Inevitable Accident

  Difference Between Act of God and Inevitable Accident By Shagun Mahendroo Elements of Act of God The occurrence must be natural which could not be predicted or prevented by human foresight. Occurrence must be extraordinary which cannot be guarded against. There must not be any human intervention. In the case of Nichols v. Marshland , the defendant had artificial lakes on his land. He had made all the safety measures to prevent any disturbance to others. But one day a very heavy rainfall occurred which resulted the water from banks of the lake to escape and enter into the land of plaintiff thus damaging his land. Held: The court took the decision in the favour of defendant as the heavy rainfall was something not reasonably foreseeable and no human intervention was involved. The defendant here is not liable because damage caused by heavy rainfall is an Act of God. Elements of Inevitable accident The occurrence should have been unforeseeable. The event must be out of scope and there sh

article 38 and 39 of the indian constitution

 ARTICLE 38 AND 39 OF THE INDIAN CONSTITUTION INTRODUCTION INDIAN CONSTITUTION AND ITS PREABLE TALKS ABOUT SOCIALIST WHICH IS THE BASIS OF THE DEVOLOPMENT OF SOCIAL STRUCTURE IN THE NATION . SOCIALISM MEANS SOCIAL DEVELOPMENT AND INCLUSION OF ALL THE VARIED SECTIONS OF THE SOCIETY WHICH WILL CONTRIBUTE FOR THE DEVELOPMENT OF THOSE AND TO INCLUDE THEM IN THE MAINSTREAM STRATA . ARTICLE 39 OF THE CONSTITUTION LAYS DOWN SIX DIRECTIVE PRINCIPLES THAT FOCUS ON ENSURING EAQUAL MEANS OF LIVELIHOOD TO THE PEOPLE OF THE NATION . ARTICLE 39A WHICH WAS INDUCED THROUGH AN AMENDAMENT ACT OF 1976 PROPOSED A MANDATE FOR THE STATE TO TO PROVIDE JUSTICE AND FREE LEGAL AID TO THE PEOPLE . SCOPE OF ARTICLE 39 A WHICH PROVIDES FOR FREE LEGAL AID BY THE STATE TO ENSURE JUSTICE TO THE PEOPLE , THE ARTICLE IN ITS PREROGATIVE TALKS ABOUT THE REASONABLE , FREE AND VALUABLE JUSTICE , ANY DENIAL TO THIS WILL LEAD TO THE QUESTIONS UNDER ARTICLE 21 OF THE CONSTITUTION . ARTICLE 21 WHICH TALKS ABOUT RIGHT TO LIFE T

An Arrested Person's Rights

  An Arrested Person's Rights By Shagun Mahendroo 1 - The right to know why you were arrested. Article 22(1) of the Indian Constitution states that no police officer may detain or arrest a person without first informing the accused of the basis for his detention or arrest. According to Section 50 of the Code of Criminal Procedure (CrPC), every police officer who has the authority to arrest someone without a warrant must inform the person being arrested of the offence for which he is being arrested, as well as any other necessary grounds for the arrest. This is a police officer's obligation, which he cannot decline. The person/police official arresting a person is required by Section 50A of the CrPC to tell any of his relatives or acquaintances who may have an interest in the arrest. In circumstances where a police official authorises his junior to arrest a person without a warrant, Section 55 of the CrPC mandates that the arrested person must be notified of the order of delegat

Doctrine of Effective Nationality

  DOCTRINE OF EFFECTIVE NATIONALITY Right of a refugee (right of individual) to enter into a nation Statelessness of an Individual – International Law: The intimate relation between individual and state, recognized by international law, is apparent from the rules on diplomatic protection, but authoritative exposition of the nature of nationality on the international plane has lately elaborated that relation. The need for certain links between an individual and a state as a basis for conferring nationality was emphasized by various members of the International Law Commission in the debates on elimination and reduction of statelessness. The final development of this work was the adoption by a United Nations Conference in 1961 of a Convention on Reduction of Statelessness, which rests conferment, renunciation, and deprivation of nationality on various social links between individual and state. In its judgment in the Nottebohm Case, the International Court of Justice expounded the principl

Delhi Riots

  DELHI RIOTS After the Citizenship Amendment was passed in the Parliament, a widespread criticism was faced all over the country. Some of the politicians arranged made speeches at the gathering against Anti-CAA protestors, instigating them to the attacks against them. This led to the attacks and riots against many Muslims in the Delhi. The Pro-CAA protesters led attacks against Anti-CAA protestors after inspiring from the speeches of the politicians. No politician came to stop the riots. Many mosques, madrasahs, houses, and shops belonging to Muslims were burnt, destroyed and robbed. Many Muslims were killed and some went missing. Many of the Muslims in the riot hit area were terrified and some of them, even evacuated their residences and settled at different places. There was no immediate police action, which resulted in this severe loss. Even after the CM of Delhi, Arvind Kejriwal, ordered Police to take action, they failed to do so. Thus, Army had to intervene to resolve the issue.

AI in law

  AI in law Artificial Intellect (AI) is the machine-led intelligence that enables computers to perform tasks considerably more quickly than humans. It is also known as machine learning. Specifically, it is concerned with the discipline of computer science that has made it substantially easier for key activities to be completed in the blink of an eye. Artificial Intelligence and the Law: Artificial intelligence (AI) is currently one of the most talked-about issues in the world of technology. Recent advances in artificial intelligence have resulted in a significant increase in research and development across a wide range of subjects, including law. In today's world, most individuals are familiar with the phrase Artificial Intelligence (AI). AI systems are made up of a number of different components, starting with a control unit that receives and processes input and progressing to a processing component that makes decisions based on the information received. The concept of a human-li