LEXIS AND COMPANY

 CODICIL By P.Hema A codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. A codicil has to be executed and attested like a Will. A codicil is similar to a Will and is governed by the same rules as a Will. The Indian Succession Act 1925 defines Codicil as an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will. A codicil is an addendum of any kind to a will. Codicils means to alter, change, add or subtract from the provisions in the will. They can be used to keep a will and testament current and up to date. Codicils must be created by the original creator of the will. They are separate documents in and of themselves and can lead to either minor or major changes in the will. All codicils must meet the same legal administrative requirements as the original will and testament, and they must each affirm that the ori

  LCC IN THE US BEING AN INDIAN The first thing I would check if I would have to form an LLC in the US being an Indian would be the capacity to seek visa . Potential to seek visa and open an bank account for the LCC in the US would be the first priority and step . Opening an Bank account with the US would be that integral part of the process as it would push further process easily . Who can form an LCC in the US Even the foreigner can form an lcc in the US . It’s no mandatory that he/she has to be a citizen of Procedure of forming LCC by a foreigner It is a few step process which one need to adhere with after taking care of the VISA . One first himself or herself needs to be determined about the formation of LCC in the US and the research work about their own formation should be hundred percent completed as it Would give them a clear view or picture and give them an upper hand in the states selection process and they won’t get confused or lead astray while completing the process of for

  Origin and development of IPR It is an ancient concept, it is not a modern concept it may be new with regards to IPC , CpC . We have always given recognitions to people who are talented intellectually capable of creating innovation. Till date they have always got recognition and they’ve always got the respect in the society and accordingly the financial or commercial benefits coming out of that invention .So an Italian inventor got the first modern patent in 1421 .Robin Jacob pressure of intellectual property as ancient as it can be traced back to as early as 600 BC . -In the 6th century BCE ,Sybaris in Ancient Greek use to get one year of protection on culinary inventions which were created by bakers -The first patent related to law was pinched during the year 1623 , it was not directly related to IPR but was related industry specific monopoly .Establish , the statue of Monopolies emboldened select groups of individuals to control their industry. Thus, publishers owned most of the r

 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 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   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 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

  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 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 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 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 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