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Hello friends, today we shall discuss the common grounds on which the parties  in marriage (registered under Hindu Marriage Act),  who are willing to part ways, can resort to. In settled judgement it is already said that institution of marriage requires tolerance, cooperation and sacrifice among both of them. However in current times, due to difference of opinions people tend to part ways with each other for a better and peaceful life.   Common Grounds for divorce Cruelty  Adultery Desertion  Unsoundness of mind  CRUELTY As per law no party can take advantage of the other. Most cases in India filed in courts are alleged to be arising from cruelty. Now what amounts to cruelty in one case may not amount to the same in the other. It depends upon set of circumstances varying from case to case. Thus no specific defination of the term cruelty can be made out. Although this defination covers both physical as well as mental cruelty. Cruelty is to be distinguished f...

The term "Transfer" as defined under Section 5 of the Transfer of Property Act requires it to be inter vivo which means transfer by one living being to another. Section 6  puts an embargo, stating that all things are transferrable except those mentioned therein. Section 7  stipulates that person must be competent to transfer. Section 122-129 in Chapter VII of the Transfer of Property Act deals with the topic of gift. Section 122 defines a "gift" as a transfer of certain existing movable or immovable property made voluntarily and without any consideration by one person to another. The person by whom the transfer is made is called "the donor" and the other person who receives the gift is called "the donee". Most important term in this definition is the word "existing" i.e no one can transfer any property which might be acquired in future. Secondly gift involves no consideration it means it should be given out of love and affection.  G...

Hello friends today we will discuss the cases of defamation, where harm is caused to a person’s reputation by another and the steps which that person might resort to. Person here may be a company or an association of persons, etc . A Defamation must fulfill 3 primary conditions: The statement made should be untrue and malicious.  It should be presented as a fact It should be made or published to harm the reputation of other. There are two forms of defamation in general, which can be termed as: Slander  It means defamation by certain    oral mode. Libel on the other hand comprise of situations where some words, representations, diagrams or pictures are being used to hurt the reputation of a person. Eg. 2012: Chris Cairns vs Lalit Modi GENERAL EXAMPLES OF DEFAMATION  a.    In case a person is dead, in such an event mere imputation causing harm to the reputation of that person if he was alive or even harm being caused to his family or relatives, amo...

Hello friends, today we shall discuss in brief about the two common phrases used in legal terminology SUB SILENTIO and PER INCURIUM . We all know that in case a particular point is settled by way of judgement or otherwise, then the same has to be followed by courts similar or inferior in hierarchy to the said court. This concept is well verse with the basic principles enshrined in the Constitution of India.  One basic similarity among the two concepts discussed here are that both these concepts are being used to distinguish between judgments. In other words, in case one of the above referred terms are applicable in a particular case in such a scenario the said judgement shall not be taken as a good precedent. This means that one can take recourse to any of the above referred terms as a defense mechanism.                                             ...

 In today's time of "Digital India", cheque has become a major source of financial transactions. But cheque bounce have also become a major problem, as payments are not on the spot like cash. Yet most of us are completely unaware of the legal process in case of check bounce. So friends today we are going to discuss the legal process in case of check bounce. 1) Common reasons for check bounce are:  i. Difference in signature,  ii. There is not enough money in the account,  iii. Account is closed,  iv. Stop Payment by the debtor,  v. Difference between words and amount,  vi. When the account has been frozen by the government or the court. 2) As soon as the cheque is bounced, the cheque holder has to demand the amount by sending a legal notice, either personally or through his lawyer, within 30 days of the issue of return memo ( a 'return memo' is given  by the bank to the payee stating why the cheque has been bounced) . 3) The notice should inform t...