LegalCrystal – Blog

Women’s Day special

Posted by Rekha PrasadcloseAuthor: Rekha Prasad Name: Rekha Prasad
Email: rekha@legalcrystal.com
Site: http://blog.legalcrystal.com
About: High Court Advocate, Author at LegalCrystal-Blog, Mobile : +919480117568See Authors Posts (103) under General

SEX  SELECTION Before conception or thereafter, the Sex Selection  amounts to Violation of Woman’s right to life. It violates Article 39(e) of the Constitution which states the principle of state policy that health and strength of woman is not to be abused.

Sec.2 of Prenatal Diagnostic Techniques Regulation and Prevention of Misuse Act(57 of 1994) which  imposes ban on sex selection do not violate equality clause of the Constitution.  Facts and figures shows decline in number of girls as compared to number of boys! If use of said techniques are not banned it would result in unprecendental imbalance in male to female ratio having disastrous effect on society!

Though sex selection before conception would not amount to female foeticide indirectly same result is achieved.  The whole idea behind sex selection before pre-conception is to go against the nature and secure conception of a child of one’s choice.  It can prevent birth of a female child it is as bad as foeticide.[NOC 244 (Bom) (DB)(D)]

COURT SHOUT!

Posted by Rekha PrasadcloseAuthor: Rekha Prasad Name: Rekha Prasad
Email: rekha@legalcrystal.com
Site: http://blog.legalcrystal.com
About: High Court Advocate, Author at LegalCrystal-Blog, Mobile : +919480117568See Authors Posts (103) under General

It s Morning, a ver y good morning. Finished all mundane activities and got ready, exactly by 8 a.m. The Advocate is in the Office.  Clients crowd everywhere.  All the files for the day arranged Court Hall number wise [High Court] , and lo wer Cou rt files according to the Building (venue) and the floor(storey) wise and jurisdiction wise.  Attending to clients one by one and advising appropriately.  Some need extra counseling and so me are very smart.  All objections/ I.A.s/ Defense/ and the new filings according to the Court(venue) wise arranged to file the same and all the receipts with C.R. number to collec t the copies applied are kept in the bag in tact.  And all the sewing kits required to comply in the office are kept inside the Court Bag.  All supporting citations Xeroxed and the affidavits to be attested before filing and the process to be paid in the counters, copy the applications to be filed and keep the money ready to obtain D.D’s./ in respect of court fees to be paid or Cost imposed for delay in filing Objection/defence or leading evidence.  Court Dairies in the Bag without fail and a Big list of follow up work , i.e, fill missing hearing dates on the files, look into court files in some cases to know the exact position,  File memo for postings, vakalath, copy applications etc. etc.

Assigning/allotting the work to young colleagues according to their experience and availability and interest to share the burden of ‘court shout’.

After a great ordeal of road traffic the Advocate arrived!

Its 10.30 – In the High Court jumping* from one Court Hall to another according to their listing. Though made a wise choice (list) of Courts to be attended according to the ‘time of reach’  it happens so, it depends on the availability of the other advocates listed earlier to ours or a particular judge arrives late or the advocates seek time or some advocates/judges will have to spend more time for detailed deliberations in some cases or if some judge is on leave, the same is assigned to some other judge and the same will be called after the cases for that particular court is called and heard.  Some cases are listed for 2.30.  Some cases waiting to be attended in the list no.2,3,4,5 so on… sometimes moving fast through the list otherwise at the end adjourned or sometimes ordered randomly!

*jumping with the anxiety of getting an Order of injunction or Order of vacation of injunction/ or ordeal of seeking time to get cogent additional evidence / to get appropriate citations / to make a move for compromise or to get thoroughly prepared or to escape from presenting the case before a particular judge because many a time the decision also depends on the temperament/sensitivity and perception /application of mind of particular judge. Anxiety of getting the case filed dismissed for whatever reason the court finds it appropriate!   Anxiety of protecting the clients interest amidst all loose ends and odds inherent in the case.  Anxiety of keeping all the points intact in all the cases to be represented and being ready for the attacks of the opposite side.  Anxiety of urgent matter which needs final disposal not reaching even at the end!

Amidst all these fight calling junior colleagues over mobile to find out what happened in each of the courts and managing the time to jump from High Court to City Civil Court to Magistrate Court to Mayo Hall to Consumer Forum Cunningham road to Seshardripuram to Cauvery Bhavan and after attending ‘kept by’ evidence matters and arguments, back to High Court.

Its 4.30-5p.m., the Advocate leaves for evening office. Clients overcrowded. Some for new consultation and some for tomorrows hearing.  Attending to the clients and preparing for the next day : all typing work, research work, List of High Court cases etc. etc. Its 9.00p.m. and finally its time to go home and attend to the family needs!

************

Required documents for Bank Loan to construct a House

Posted by Rekha PrasadcloseAuthor: Rekha Prasad Name: Rekha Prasad
Email: rekha@legalcrystal.com
Site: http://blog.legalcrystal.com
About: High Court Advocate, Author at LegalCrystal-Blog, Mobile : +919480117568See Authors Posts (103) under General

TAGS:BANK LOAN / CONSTRUCTION LOAN / DOCUMENTS FOR HOME LOAN IN INDIA /  LINKS:  US / UK / JAPAN / GERMANY / AUSTRALIA

• LAYOUT PLAN OF THE SITE

• ALLOTMENT LETTER FROM APPROPRIATE AUTHORITY.

• APPROVED BUILDING PLAN.

• “NO ENCUMBRANCE CERTIFICATE “FROM APPROPRIATE AUTHORITY.

• COMMENCEMENT CERTIFICATE.

• A DETAILED ESTIMATE OF COST OF CONSTRUCTION AND PHASES OF CONSTRUCTION.

• NO OBJECTION CERTIFICATE TO MORTGAGE THE PROPERTY.

A bank appoints a technical officer to evaluate a home loan application. The technical officer verifies the original documents, title certificates, clearance certificates, guarantees, security documents, income certificates, address proof etc.  Further, all the furnished information is cross checked with the records and documents submitted.  Each bank may have different criteria.  As such, the required documents may also differ from case to case.

OTHER USEFUL LINKS:

India :

http://www.gharabari.com/doc%20for%20Home%20loans.asp

US :

http://www.wikihow.com/Get-a-Construction-Loan-(US)

Germany :

http://www.goftp.com/qna/What_kind_of_documents_do_i_need_to_appy_for_a_loan-qna4832.html

Japan :

http://www.loanpage.com/questions/what-kind-of-documents-are-required-for-a-loan.aspx

Australia :

http://www.xinc.net.au/home_loans/documentation.html

Impotency of husband

Posted by Rekha PrasadcloseAuthor: Rekha Prasad Name: Rekha Prasad
Email: rekha@legalcrystal.com
Site: http://blog.legalcrystal.com
About: High Court Advocate, Author at LegalCrystal-Blog, Mobile : +919480117568See Authors Posts (103) under Civil Law

TAGS: IMPOTENCY / ANNULMENT OF MARRIAGE / HINDU MARRIAGE ACT S.12(1)(a) / TRIPURA FAMILY COURTS RULES

Dear Readers

Here is a case where the High Court of Guwahati held that:

Oral evidence of wife which alone can be basis for a decree for annulment of marriage [A marriage annulment is a legal procedure that dissolves a couple's marital status by establishing that a valid marriage never existed. In effect, it nullifies the marriage.] under Hindu Marriage Act, if the same inspires confidence and there is no good reason to discard the same. And an adverse inference can be drawn from conduct of husband in avoiding medical tests.

[ excerpts from:2008(1)AKAR(NOC) 11(GAU.)=AIR 2007 GAUHATI 178-AgartalaBench]

Petition for ‘annulment of marriage’: Ground is non-consummation of marriage owing to impotency [chronic inability to attain or sustain an erection for the performance of sexual act. sterility, esp. in the male.] of husband hence medical test of husband directed. Only allegation of newly wed bride is that marriage could not be consummated owing to impotence of husband. The husband raised a plea of financial predicament to undertake journey to appear before medical expert.

The Hon’ble Court observed that The expenses incurred in obtaining opinion of expert as provided in Rule 18(3) of Tripura Family Courts Rules(2002) do not include the expenses of the parties for undertaking journey to appear before the expert. It is the expenses which may be incurred in examining the expert for obtaining opinion. In other words, if the expert is required to attend the Court, all the expenses would be borne by the Court from the fund allocated by the State Government. There is, however, a rider below Rule 18(3), which provides that if the expert is a public servant, the Family Court shall issue a Court certificate as issued by other Courts to official witnesses. The experts already in the Government service shall not, however, be entitled to get any remuneration for their opinion and they shall be duty bound to help the Family Court. Thus a plain reading of the said provision would give an impression that the appellant husband who was directed to appear before the expert in the Hospital at Kolkata was not entitled to the expenses for undertaking journey to Kolkata. His prayer for fund from the Family Court is liable to be rejected. The husband being a Class one gazetted officer is earning a handsome salary. Such a plea of financial predicament raised by him is not acceptable. This conduct of the husband indicates that he was not interested to clear the charge coming from his own wife that he was sexual impotent. And a newly married wife cannot be expected to tell her mother that her husband is impotent. No collusion between husband and wife and nothing to show that the husband and wife were on bad terms. Sole testimony of wife cannot be discarded for want of corroboration. Quality not quantity would determine sufficiency of evidence as provided by S.134 of Evidence Act. Proposal of wife for separate living not sufficient enough to forbid husband from cohabitation if proposal was not dragged to serious acrimony [bitterness, animosity, spitefulness, asperity, spite.] There was nothing to show that the husband and wife were on bad terms. Expert opinion about impotency is important, though it is not always mandatory if other sufficient evidence is on record. Decree of nullity of marriage can be passed. And compensation or permanent alimony can be given in case of nullity of marriage. The Court may either direct a gross sum or monthly or periodical sum as permanent alimony and maintenance.

[hope the above article helps the common man to understand the sensitivity of the situation by looking at the observation of court about the behavior and conduct of the parties and the importance of adducing quality evidence.]

http://www.ehow.com/about_5347597_causes-impotence-young-men.html

image source*

Illegitimate children will have right only in properties of parents and none else

Posted by Rekha PrasadcloseAuthor: Rekha Prasad Name: Rekha Prasad
Email: rekha@legalcrystal.com
Site: http://blog.legalcrystal.com
About: High Court Advocate, Author at LegalCrystal-Blog, Mobile : +919480117568See Authors Posts (103) under Civil Law

TAGS: ILLEGITIMATE CHILD, Sec.16 OF HINDU MARRIAGE ACT, PROPERTY RIGHT, INTESTATE, BASTARD

WHO IS AN ILLEGITIMATE CHILD UNDER HINDU LAW? WHAT ARE HIS/HER PROPERTY RIGHTS?CAN AN ILLEGITIMATE CHILD FILE A SUIT FOR PARTITION? WHAT IS DYING INTESTATE?

[This is an excerpts from the citation 2008(6)AIR Kar R 267- a judgment delivered by the Hon’ble Justice N.Kumar of High Court of Karnataka ]

Marriage according to Hindu Law is holy union, it is not a contract but a ‘samskara’ or ‘sacrament,’ though polygamy was not permitted, a second marriage was allowed in a restricted sense and that too under stringent circumstances. And Monogamy was the rule and ethos of the Hindu society which rejected the second marriage altogether. The influence of religion in all marriage did not allow polygamy to become a part of Hindu culture. Therefore noting the various enactments which dealt with the marriage through out the length and breadth of this Country, it became necessary for the parliament to amend and codify the law relating to marriage among Hindus and that is how the enactment of Hindu Marriage Act 1955 was passed.

Though Prior to the Hindu Marriage Act 1955 there was no prohibition for a Hindu to have more than one wife, all the children born to the wives were treated as legitimate children and members of joint family or co-parcenery. Only a child born to concubine was treated as an illegitimate child. Each one of these legitimate children had a right to maintain a suit against their father for partition and separate possession of their legitimate share either in the joint family property or in the co-parcenery property.

After the passing of the Hindu Marriage Act 1955 a prohibition was imposed on the Hindus to enter into second marriage during the life time of the spouse. The personal law of Hindus to that extent ceases to have effect. The Act had over riding effect and the Personal Law of Hindus in so far as the marriage are concerned stood amended in terms of the Act. Therefore second marriage of a Hindu during the life time of the spouse is prohibited and such a marriage was declared as void. A son born to the said void marriage was deprived of a right under the Traditional Hindu Law because the provisions of the Act, excluded the application of personal law in this regard and under the Hindu Succession Act, 1956, for short hereinafter referred to as “Succession Act”, because he was not a legitimate son. The Parliament after noticing this injustice done to an illegitimate child for a folly of its parents thought of introducing Section 16 of the Act. It reads as under:

…continue reading the article -> Illegitimate children will have right only in properties of parents and none else