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Author Archives: bizandlegis
Supreme Court to examine the delay in mercy petitions
The Supreme Court of India has taken up the question that if there is inordinate delay in disposing mercy petition before the president then the death sentence can be commuted to life imprisonment. This becomes very importance at this time when the mercy petition of Afsal Guru who was convicted for the parliamentary attacks in 2006 is still pending before the president. So it will be interesting to see what is court’s stand on the issue and would serve as a strong precedent for Afsal Guru’s case. Earlier the petitioners have said that they have spent more than a decade in solitary confinement waiting for the decision from the president which never came and has pleaded before the court that their death penalty must be commuted to life imprisonment.
European Union to modernize IP laws
The European Union has urged for better Intellectual property laws by centralizing it. EU had announced this stating that reforms are very much needed to protect against internet piracy, fake products ranging from car parts to health products. The EU feels the present IPR regime is outdated and needs to be modernized for better effectiveness and consumer protection.
Mubarak to face trials on killing protestors
Public property must be sold strategically to get best price: Supreme Court
Legal News – India
The Supreme Court has said to the authorities to sale the public property in such a manner that it fetches maximum price. PSU and Kerala financial corporation were directed to give guidelines for sale of such properties to maximize the auction prize.
US firms show strong rebound from economic woes
International Legal News
It was observed in a survey due to revenue rise partner numbers increase and an end of salary capping the overall economic performance is rebounding from the financial crisis. It is reported that due to increase in gross revenue in 2010 there is increase in three-quarters revenue per lawyer and profits per equity.
HINDU MARRIAGE ACT 1955
The Hindu Marriage Act was established in 1955 as part of the Hindu Code Bills under the leadership of India’s former Prime Minister Jawaharlal Nehru. Three other acts were also created during this time and they were Hindu Succession act (1956), Hindu Minority and Guardianship Act (1956) and the Hindu Adoptions and Maintenance act(1956).The main aim of the Hindu Marriage act was to modernize the current Hindu Legal tradition. This Hindu marriage act acted as a regulate personal life among Hindus, especially their institutions of marriage, its validity, conditions for in-validity, and applicability. This act of government of India extends to the whole of India except the state of Jammu and Kashmir, and applies also to Hindus Domiciled in the territories to which this act extends who are outside the said territories.
Summary on Indian Divorce Act, 1869
The act originally called the Indian Divorce Act was framed to cover all the Christians residing in India but excluding the princely states and the settlements occupied by Portugal and France. The act was mainly built upon the Matrimonial causes Act, 1857 which was applied in England. The Supreme Court has said that the principles and rules established by the House of Lords shall be applicable by the Indian courts in cases governed by the Divorce Act. Although the court expressed its displeasure by saying that incorporation of a statute cannot go this far. Even the Kerala High Court had to deal with issues regarding the application of English principles in deciding Indian cases. This was followed by the amendment of the act in 2001 where sec.7 was deleted which had expressly stated that principles of English courts ought to be applied but there were no alternative reference to principles mentioned which shall be applicable. There were no significant changes since the act was framed and hence the Indian law on Christian divorce had become one and the same as the one followed in England. The law commission of India had recommended some changes which was necessary to meet present requirements such as amendment to sec.10 of the act so that there are no discrimination based on gender for the grounds for divorce and also to simplify the procedures for divorce.