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

                                Cyber Extortion As the lives of people are moving forward at a fast pace, developments in technology is also taking place. And it is not only in India or in some other particular country, it is happening worldwide. With these developments taking place, crimes are also increasing with that. Now, the people have made a business to stalk a person and then attack on them virtually. After attacking, they blackmail them and extort money or some other thing in return to stop doing what they were doing. This is known as Cyber Extortion. In this, they first capture the computer, software or any network, generally through the kind of ransomware and distributed denial-of-service and then gain the necessary information regarding it. After that, it is used for blackmailing. There are many types of Cyber Extortion which take place in the society such as: Ransomware- In this kind of attack, first the attacker tricks the victim into opening a particular website or a cor

                  Anticipatory Breach of Contract As mentioned in the Section 39 of the Indian Contract Act, 1872, ‘When one party to the Contract (defaulter party) fails to fulfill its contractual obligations or the portion of promises written in the contract either by words or conduct, the other party (aggrieved party) have this option to terminate the contract and claim damages and compensations from them’. This is also called as Anticipatory Breach of Contract. There are two types of Anticipatory Breach of Contract as mentioned in the Indian Contract Act, 1872. They are: Express Repudiation- In this kind of Anticipatory Breach of Contract, there is a clear communication from one party to the Contract where they are unwilling to perform their contractual obligations or portion of the contract. It is a clear refusal. Implied Repudiation- It is a kind of Anticipatory Breach of Contract, where there is no specific communication of refusal but it is quite evident from the words or actio

 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