Law Adhyapana With Amisha

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University Department of Law) HINDU MARRIAGE https://depositphotos.com/vector-images/indian-bride-groom.html Marriage is considered as a sacrament or contract, which gives rise to a status of legitimacy to the husband and wife and the children of the marriage. Among Hindus marriage is necessary, every Hindu must marry. The man is incomplete without his wife. The Hindu Marriage Act 1955 laid down a detailed rules covering practically all aspects of marriage in a simplified form. Conditions Of A Valid Hindu Marriage Section 5 of the Hindu Marriage Act 1955, has laid down the condition relating to solemnization of a valid Hindu marriage. A marriage may be solemnized between a Hindu male and female, if the following conditions are fulfilled, namely : 1. Monogamy -   The husband or the wife shall not have a spouse living at the time of marriage. The intention is to prohibit bigamy, which...

This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law ( Calcutta University ).   Application Hindu law applies to :- Any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a lingayat or a follower of the Brahmo, Prarthana or Arya samaj; A person who is born of Hindu parents. If only one parent is a Hindu, a person can be a Hindu if he/she has been raised as a Hindu. Any person who is a Buddhist Jain or Sikh by religion; Any person abode in the territories to which this act extends who is not a Muslim, Christian, Parsi or Jew by religion. Any person who are not governed by any other religious law will be governed by Hindu law. Any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion. Key terms  1. Custom and Usage The term "custom" and "usage" signify any rule which having been certainly, continuously and uniformly observed for a long period of time and has obtain...

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University).

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University) People's Union for Civil Liberties [PUCL] vs. Union of India [AIR 1997 SC 568:(1997)1 SCC 301] Kuldip Singh and S. Saghir Ahmad,J B rief fact of the case: The petitioner, People's Union for Civil Liberties, a voluntary organisation filed a writ petition under article 32 of the contribution by the office of public interest litigation highlighting the incidents of telephone tapping in recent years. PUCL approached the Court on the basis of report on tapping of politicians' telephone by Central Bureau of Investigation (CBI). The petitioner head challenged the validity of Section 5(2) of the Indian telegraph act 1885 which authorised the state to intercept messages only on the occurrence of any public emergency or in the interest of public safety, if it is satisfied that it is necessary for experience and to do so in five given situations, in the interests of: The soverei...

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University). D.K. Basu vs. State of West Bengal [(1997) 1 SCC 417:AIR 1997 SC 610:1996(9) SCALE] Justice Kuldip Singh & Justice A.S. Anand Brief facts of the case: Dr. D.K. Basu, Executive Chairman of Legal Aid Services of West Bengal, a non-political Organisation address a letter to Chief Justice drawing his attention to certain news items published in the Telegraph, the Statesman and The Indian Express regarding deaths in police lockups and custody. This letter was treated as a writ petition by the court. Issue of the case: Whether, the crimes against persons in lockups or custody increasing day by day ? Whether, there is any arbitrariness of Policemen in arresting a person? Whether, there is any need to specify some guidelines to make an arrest? Judgement: The Apex Court assuming this letter as Public Interest litigation expressed its grave concern against such patent violation of...

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University). Vishaka vs. State of Rajasthan [AIR 1997 SC 3011 : JT 1997 (7) SC 384] J.S. Verma, C.J.I., Mrs Sujata V. Manohar and B.N. Kirpal, JJ  Brief facts of the case : Bhanwari Devi was a village level social worker (saathin) of a development program run by the state government of Rajasthan fighting against child in multiple marriages in villages. She was subjected to gang rape after she tried to stop Ramkaran Gujjar infant daughter's marriage, who was less than a year old. The Gujjar were well connected people which led to the harassment of Bhanwari Devi after getting raped. The doctor refused to examine Bhanwari Devi after getting raped. Even at the police station Bhanwari Devi was taunted throughout the night. Later on the complaint was lodged in the police station. The trial court acquitted the accused. Letter on the High Court stated that it is the case of gang rape. sever...