General Exceptions (76-106)

Of Hurt (319 to 338)

Of wrongful restraint and wrongful confinement (339 to 348)

Of wrongful restraint and wrongful confinement (339 to 348)

Of Hurt - 319 to 338

Of Hurt - 319 to 338

What is Grievous Hurt?

Of wrongful restraint and wrongful confinement (339 to 348)

Is finding of civil court that agreement is not a forged document a ground for quashing of criminal proceedings under Section 482 Crpc ?

Types of Injunctions ? What are the three pillars of Temporary Injunction?

How to prove claim of Prescriptive Easement ?

To know about Easement - Click here

What is Easement ? Type of Easement?

Whether mother in law can initiate proceedings against daughter in law ?

Senior Citizen's Rights In India

  

1. Provisions have been made in the Constitution of India to preserve the rights of those aged above 60. Since these articles are part of Chapter IV of the constitution which corresponds to Directive Principles, they cannot be enforced by a court of law as stated in Article 37, however, they are the basis upon which any legislation is drafted.

2. Article 41 of the Constitution secures the right of senior citizens to employment, education and public assistance. It also ensures that the state must uphold these rights in cases of disability, old age or sickness. Meanwhile, Article 46 asserts that the educational and economic rights of the elderly must be protected by the state.

3. As per rights guaranteed under the National Policy for Older Persons, 1999, all Indian citizens aged above 60 are entitled to a 30 per cent concession in ticket prices while travelling with the Indian Railways. The concession is 50 per cent for women aged above 60 along with the provision for separate counters and other services including berth requests. 

4.Section 88-B, 88-D, and 88-DDB of the Income Tax Act of India allow senior citizens to claim a discount in tax. The elderly are also entitled to get higher interest on tax saving plans apart from having a wide variety of LIC policies and post office saving schemes to choose from. 

Maintenance and Welfare of Parents and Senior citizens Act, 2007, S.23 -- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer.

(ii) Maintenance and Welfare of Parents and Senior citizens Act, 2007, S.23 -- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation of an atmosphere as opposed to the one demanded by a senior citizen would be sufficient to attract S.23 of the Act.

(iii) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in providing amenities and physical needs to transferor - It does not stipulate condition of providing maintenance should be part of such transfer.

(iv) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act.

(v) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as expressed before him to elicit truth.

(2020(1) Criminal Court Cases 141 (Kerala)

For more info: Click Here 

Senior citizens tax benefits: Click Here

Procedure, Conditions and documents required for Court marriage under Special Marriage Act, 1954

Place of solemnizing marriage under special marriage act in Jaipur - 

Additional District Magistrate - IV, Jaipur (The Marriage Officer For The Purpose Of Solemnization Of MarriagesUnder The Special Marriage Act, 1954)

>>> No wedding notice to couple's house on register marriage: Rajasthan High Court<<< Kuldeep Singh versus State of Rajasthan and Ors., 2018

All you need to know about Consumer Protection Act, 2019

Kinds of Costs under CPC, 1908

Can registering authority inquire into the title while registering the document ?

Also, See >>> Whether Sub Registrar can cancel the registration of registered document?

Whether Sub Registrar can cancel the registration of registered document?

Also, See >>> Can registering authority inquire into the title while registering the document?

In case, If the registration relates to Waqf property the jurisdiction goes to Waqf Tribunal and does not rest with the Civil Court.

Ten facts about ancestral property you must know !!!

Types of mortgage loans in India

Mortgage loans in India are available under 6 different mortgage types. Under Section 58(a) of the Transfer of Property Act, 1882, mortgage’s definition stands as a specific immovable property’s transfer of ownership to secure payment of funds against it, extended as a mortgage loan in the form of credit.

Do Stamp papers have any validity ?

Modes of transfer of property

Difference between Pledge, Hypothecation and mortgage

Where to file petition for divorce and maintenance ? कोनसे न्यायालय में भरण पोषण व विवाह विच्छेद / तलाक़ की याचिका पेश करे ?

What is domestic violence > Part - I

What reliefs can be granted- DV act >Part - II

   Procedure of court under DV Act >Part - III

Also, watch Law relating to Maintenance under Indian Law > Click Here

POCSO court or SC/ST court ? When SC/ST Child is victim of rape.

Who decides if a bill is money bill ? Types of Bill ? Procedure? Difference between?

Modes of Acquiring and losing Indian Citizenship

 PROVISIONS FOR ACQUIRING CITIZENSHIP ARE LISTED UNDER THE CITIZENSHIP ACT, 1955.

1.     By Birth: o    Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents. o    Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth. o    Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth. 2.     By Registration:  Citizenship can also be acquired by registration. Some of the mandatory rules are: o    A person of Indian origin who has been a resident of India for 7 years before applying for registration. o    A person of Indian origin who is a resident of any country outside undivided India. o    A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration. o    Minor children of persons who are citizens of India. 3.     By Descent: o    A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth. o    A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth. o    If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth. 4.     By Naturalisation: o    A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act. The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation. 5.  By Incorporation Citizenship by incorporation of territory is provided in section 7 of the act: “If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory; and those persons shall be citizens of India from the date to be specified in the order.

 For more information Click here

    PROVISIONS FOR LOSING CITIZENSHIP ARE LISTED UNDER THE CITIZENSHIP ACT, 1955.

1.   Voluntary Renunciation:  If an Indian citizen wishes, who is of full age and capacity, he can relinquish citizenship of India by his will. When a person relinquishes his citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of 18, he may resume Indian citizenship. 2.     By Termination:  The Constitution of India provides single citizenship. It means an Indian person can only be a citizen of one country at a time. If a person takes the citizenship of another country, then his Indian citizenship ends automatically. However, this provision does not apply when India is busy in war.  3.     Deprivation by Government:  The Government of India may terminate the citizenship of an Indian citizen if; (i). Citizen has disrespected the Constitution (ii). Has obtained citizenship by fraud (iii). The citizen has unlawfully traded or communicated with the enemy during a war. (iv). Within 5 years of registration or naturalisation, a citizen has been sentenced to 2 years of imprisonment in any country. (v). Citizen has been living outside India for 7 years continuously.

Indian Constitution : Emergency provisions & procedure

Whether Hindu succession amendment Act 2005 is repealed by Repealing and Amending Act, 2015?

How a constitution amendment bill becomes an Act

Article 368. Power of Parliament to amend the Constitution and procedure therefor.

Important Case laws in the light of Indian Constitution

Difference between Common Law and Civil Law