Posts

  The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007: An Overview The legislation, Maintenance And Welfare Of Parents And Senior Citizens Act, 2007, is initiated by the Ministry of Social Justice and Empowerment ‘to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto’. This Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India. As per the Act, the term ‘senior citizen’ means ‘any person being a citizen of India, who has attained the age of sixty years or above’. In this article, we will explore important provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007.  Important Provisions of the Maintenance And Welfare Of Parents And Senior Citizens Act Section 4 (Maintenance of Parents And Senior Citizens) : It states that
Post a Comment
Read more

Karnataka High Court Issues Guidelines To SHOs On Summoning Persons U/S 35 BNSS

  Karnataka High Court Issues Guidelines To SHOs On Summoning Persons U/S 35 BNSS High Court of Karnataka Bangalore  Bench: Justice M. Nagaprasanna WP No 15125/2024 (GM-RES) REPORTED  DATE : 19/07/2024 Cause Title- Tavaragi Rajashekhar Shiva Prasad v. State of Karnataka & Ors The Karnataka High Court has issued guidelines drawing a check list to Station House Officers (SHOs) for summoning persons under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court was dealing with a writ petition filed by a man calling in question a notice issued by the Sub-Inspector of Police, Amruthalli Police Station under Section 41(1)(a) of the Criminal Procedure Code (CrPC). A Single Bench of Justice M. Nagaprasanna said, “In the light of the mandate of law under Sections 41 and 41-A of the Cr.P.C., which is now under Section 35 of the BNSS, it becomes necessary to the State to issue guidelines drawing a check list to all those Station House Officers, akin to what other states
Post a Comment
Read more

Consumer court orders ₹25k compensation to man who sued Kerala Matrimony over failure to find a bride

  Consumer court orders ₹25k compensation to man who sued Kerala Matrimony over failure to find a bride A district consumer disputes redressal forum (DCDRC) at Ernakulam, Kerala recently ordered Kerala Matrimony to pay ₹25,000 as compensation (apart from costs) to a man who alleged that the matrimonial services website had failed to deliver on its promise to find him a bride. District forum President DB Binu and members Ramachandran V and Sreevidhia TN passed the order on May 15 after concluding that there was a deficiency of service on the part of Kerala Matrimony. The forum added that the complainant was one of several 'victims' of the matrimonial website, going by public opinions from social media that were produced by the complainant to support his case. " The opposite party had given attractive displays to catch the attention of the seekers of required and had not provided necessary services to them and the opposite party have not produced any evidence to prove that
Post a Comment
Read more

Maintenance & Its Types Under Various Sections

 Maintenance & Its Types Under Various Sections What is Maintenance? Maintenance is a law under which a person, who is unable to maintain herself/himself for survival, takes financial help from his Guardian legally. The amount given by Guardian is called Maintenance. Wife can seek maintenance from her Husband, Children from Father, old parents from son or handicapped husband can seek maintenance from his wife. Types of Maintenance Add Maintenance We can understand this through an example. Wife has filed maintenance case on husband. During the proceedings, Wife is able to prove that she is unable to maintain herself on her own. In this situation, in first or second hearing, without any arguments Court will grant add maintenance to wife from husband’s side. Before the Judgment of the matter, wife will start getting add maintenance from husband. This is the power of Judge where they can put add maintenance on the party whether it is a Women Cell or Family Court. Interim Maintenance If
Post a Comment
Read more

Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim?

 Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim? Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.1957-1961 of 2024 Shivani Tyagi  Vs  State of U.P. & Anr.  Citation: MANU/SC/0353/2024, 2024 INSC 343. Dated: April 5, 2024 Having observed and held as above, we are deeply peeved on perusing the impugned judgment, for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration.  In the case on hand, a scanning of the impugned order would reveal that what mainly weighed with the Court is the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs through demand drafts, taking into account the evidence that the victim had incurred an amount of Rs. 21 lakhs for her treatment. Paragraph 10 of the impugned order would reveal t
Post a Comment
Read more

Whether prosecution under POCSO Act is maintainable if a person constantly watches child ?

Whether prosecution under POCSO Act is maintainable if a person constantly watches child ? IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1947 OF 2017 MANJU TEJBAL VISHWAKARMA AND ANR.  V/s. THE UNION TERRITORY OF DAMAN & DIU  CORAM : A. M. BADAR, J. DATE : 27th SEPTEMBER 2017 Citation: 2017 SCC ONLINE Bom 8895. Therefore, it will be appropriate to reproduce provisions of Section 11 of the POCSO Act, which reads thus :  11. Sexual harassment : A person is said to commit sexual harassment upon a child when such person with sexual intent­ (i)utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii)  makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii)  shows any  object to a child  in any form or
Post a Comment
Read more

What is the difference between judicial separation and divorce?

What is the difference between judicial separation and divorce? S 10 of Hindu Marriage Act provides for Judicial separation:- (1) Either party to a marriage, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. S 13 of Hindu Marriage Act provides grounds for Divorce:- S 13 of Hindu Marriage Act provides that  that if decree for judicial separation has been passed between the parties and that there h
Post a Comment
Read more