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The Indian contract and Act, 1872 discusses the voidable contracts and void agreements. On the basis of validity or enforceability, we have five different types of contracts as given below.

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All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

Essential Information

A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases. A legal notice is an intimation and thus carries the following information:

1. Precise statement and facts relating to the grievance for which the action is to be taken.

2. Alternatives/relief sought by the grieving party.

3. How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.

A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon the grievance.

A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court, if both of them are willing to compromise on the issue.

Filing a Legal Notice

A legal notice, although a simple document, requires precision and accuracy and use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal notice as per law and wording it as required for the particular issue.

1. The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent through a registered AD post.

2. After sending the notice, save the copy of the receipt sent. This may come in handy in case of filing for the court case.

3. Wait for a given period, before the filing of the court case.

4. Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.

Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.

A legal notice can be sent personally too. One can draft a legal notice, and authorised  it before sending it to the other party. However, since wording a legal notice is extremely important if the case reaches the court, and citing of aw under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party.

The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself.

Introduction

India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce.

As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society.

The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issues.

Applicability

The Act applies to all forms of Hinduism (for example, to a person who is a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or AryaSamam) and also recognises offshoots of the Hindu religion as specified in Article 44 of the Indian Constitution. Notably, these include Jains and Buddhists. The Act also applies to anyone who is a permanent resident in the India who is not Muslim, Jew, Christian, or Parsi by religion.

Although the Act originally applied to Sikhs as well, the AnandKarj Marriage Act gives Sikhs their own personal law related to marriage.

Although the Act originally did not apply to citizens in the State of Jammu and Kashmir, the effect of the J&K Hindu Marriage Act, 1955 made it applicable.

Conditions for marriage

Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable.

Void marriages

A marriage may be declared void if it contravenes any of the following:

1. Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
2. Either party is not of a Hindu religion.Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
3. Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
4. The parties are sapindas or within the degree of prohibited relationship.

Voidable marriages

A marriage may later be voidable (annulled) if it contravenes any of the following:

1. Either party is impotent, unable to consummate the marriage, or otherwise unfit for the procreation of children.
2. One party did not willingly consent. In order to consent, both parties must be sound of mind and capable of understanding the implications of marriage. If either party suffers from a mental disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not (or could not be) given. Likewise, if consent was forced or obtained fraudulently, then the marriage may be voidable.
3. The bride was pregnant by another man other then the bridegroom at the time of the marriage.

Ceremonies

Section 7 of the Hindu Marriage Act recognises that there may be different, but equally valid ceremonies and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom. These rites and ceremonies include the Saptapadi and Kreva.

Registering a marriage

A marriage cannot be registered unless the following conditions are fulfilled:

1. a ceremony of marriage has been performed; and
2. the parties have been living together as husband and wife

Additionally,the parties must have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.

Section 8 of the Hindu Marriage Act allowsastate government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register.

Registration provides written evidenceof marriage. As such, the Hindu Marriage Register should be open for inspection at all reasonable times (allowing anyone to obtain proof of marriage) and should be admissible as evidence in a court of law.

Divorce

Although marriage is held to be divine, the Hindu Marriage Act does permit either party to divorce on the grounds of unhappiness, or if he or she can prove that the marriage is no longer tenable.

A petition for divorce usually can only be filed one year after registration. However, in certain cases of suffering by the petitioner or mental instability of the respondent, a court may allow a petition to be presented beforeone year.

Grounds for divorce

A marriage may be dissolved by a court order on the following grounds:

1. Adultery – the respondent has had voluntary sexual intercourse with a man or a woman other than the spouse after the marriage.
2. Cruelty – the respondent has physically or mentally abused the petitioner.
3. Desertion – the respondent has deserted the petitioner for a continuous period of not less than two years.
4. Conversion to another religion – the respondent has ceased to be a Hindu and has taken another religion.
5. Unsound mind – the respondent has been diagnosed since the marriage ceremony as being unsound of mind to such an extent that normal married life is not possible.
6. Disease – the respondent been diagnosed with an incurable form of leprosy or has venereal disease in acommunicable form.
7. Presumption of death – the respondent has not been seen alive for seven years or more.
8. No resumption of cohabitation after a decree of judicial separation for a period of at least one year.

In addition, a wife may also seek a divorce on the grounds that:

1. In case of marriagesthat took place before the Hindu Marriage Act 1955 was enacted, the husband was already married and that any other wife of thehusband was alive at the time of the marriage ceremony.
2. The husband, after marriage, has been found guilty of rape, sodomy or bestiality.
3. Co-habitation has not been resumedwithin a yearafter an order for maintenance under Section 125 of the Criminal Procedure Code or alternatively, under the Hindu Adoptions & Maintenance Act 1956.
4. The wife was under-age when she marriedand she repudiates the marriage before attaining the age of 18 years.

Alimonies (permanent maintenance)

At the time of the decree of divorce or at any subsequent time, the court may decide that one party should pay to the other an amount for maintenance and support. This could be a one off payment, or a periodical (such as monthly) payment. The amount to be paid is at the discretion of the court.

Remarriage

Remarriage is possible once a marriage has been dissolved by a decree of divorce and no longer able to be appealed (whether there was no right of appeal in the first place, or whether the time for appealing has expired, or whether an appeal has been presented but dismissed

ARTICLE- 21PROTECTION OF LIFE AND PERSONAL LIBERTY – No person shall be deprived of his life and personal Liberty except according to procedures established by law.

Right to life and personal liberty includes Right to privacy as an integral part guaranteed under part – 3 of the constitution.

ARTICLE- 19 RIGHT TO FREEDOM – protection of certain rights regarding freedom of speech,- (1) All citizens shall have the right-

(a) To freedom of speech and expression;

(b) To assemble peaceable and with out arms;

(c) To form associations or unions or co- operative societies;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and

(g) To practice any profession, or to carry on any occupation, trade or business.

ARTICLE- 14 – RIGHT TO Equality

EQUALITY BEFORE LAW – The state shall not deny to any person equality before the law or the equal protection of the law with in the territory of India.

https://www.livelaw.in/columns/ram-jethmalani-and-the-emergency-147927

Ram Jethmalani:13 Things know About India’s Most Famous Defence

Here are some things that you ought to know about this maverick lawyer:

1. Born in 1923 in Shikarpur, Ram Jethmalani was a bright student and got a triple promotion when in school.

2. Ram Jethmalani obtained a law degree when he was all of 17 and practised law in Karachi until the partition of India. He chose to study law and pursue it despite opposition from his father.

3. Being the youngest lawyer in Sind, he had to persuade the then Chief Justice of Sind to pass a special resolution to relax the rules (which then mandated that a lawyer had to be 21 years or above), and allow him to practice.

4. He moved to Bombay just after India attained freedom in 1948 and started practising there.

5. In 1959, Ram Jethmalani appeared in the famous K.M. Nanavati vs. State of Bombay case. This was among the last cases to be heard as a jury trial in India, as the government abolished jury trials soon after.

6. He earned a reputation of being a ‘smuggler’s lawyer’ after he defended Haji Mastan, in a smuggling case.

7. He was elected a member of Parliament in the 6th and 7th Lok Sabha on a Bharatiya Janata Party (BJP) ticket from Bombay.

4. He moved to Bombay just after India attained freedom in 1948 and started practising there.

5. In 1959, Ram Jethmalani appeared in the famous K.M. Nanavati vs. State of Bombay case. This was among the last cases to be heard as a jury trial in India, as the government abolished jury trials soon after.

6. He earned a reputation of being a ‘smuggler’s lawyer’ after he defended Haji Mastan, in a smuggling case.

7. He was elected a member of Parliament in the 6th and 7th Lok Sabha on a Bharatiya Janata Party (BJP) ticket from Bombay.

8. He has served as Law Minister of India and also as Minister of Urban Development during the Prime Ministership of Atal Bihari Vajpayee. He later went on to contest the general elections of 2004 against Atal Bihari Vajpayee from the Lucknow constituency.

9. In 2013, Ram Jethmalani was expelled from BJP, for accusing it of being “silent against high corruption”

10. From defending the killers of the former Prime Minister Indira Gandhi to the Dalal street scammers Harshad Mehta and Ketan Parekh. From opposing the death sentence of Afzal Guru to representing clients like Dravida Munnetra Kazhagam MP Kanimozhi, he has defended them all with the same gusto and belief.

11. In 1987, at the age of 64, Ram Jethmalani announced his candidature for the President’s post. He also launched a political front and called it Bharat Mukti Morcha.

12. In 1995 he launched his own political party called ‘Pavitra Hindustan Kazhagam’, with a motto to achieve transparency in the functioning of Indian Democracy.

13. In more recent occurrences, he made news for having sent the Delhi Government a bill of over 1.5 crores for appearing for Chief Minister Arvind Kejriwal in a defamation suit.

Located on top of a cliff with a spectacular view of the Palea volcano, Nea Kameni, and the island of Thirassia, Oia is the most popular and arguably the most beautiful of all the picturesque villages of the Greek island of santorini. Only about 11 km from Fira, on the north of the island, Oia will charm you with its traditional stone houses lining the narrow streets, breathtaking blue-domed churches, and sunbaked verandas.

While the village has its share of taverns, souvenir shops, and cafes, Oia is more quiet and laid-back than busy Fira and most people enjoy its quaint beauty by slowly exploring its narrow streets. Stroll through the village’s small port of Ammoudi by descending 300 steps down the cliff, or visit colorful galleries showcasing art from the many artists who fell in love with the village and made it their home. Oia, Santorini is considered by many one of the prettiest places in the world. Best Beaches in Greece

More romantic getaways

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Abu Dhabi ,the capital of the United Arab Emirates, sits off the mainland on an island in the in the Persian (Arbain) Gulf . It’s focus on oil exports and commerce is reflected by the skyline ‘s modern towers and shopping megacenters such as Abu Dubai and marina malls. Beneath white- marble domes , the vast sheikh zayed Grand mosque features an immense Persian carpet , Crystal chandeliers and capacity for 41,000 worshipers .

#island # towers

Beautiful Nature Poems

When we take the time to examine the beauty of the world around us, we are able to see parallels within our own lives. One who in tune with nature is in tune with the practice of living. Nature moves in a spiral as do our personal lives. It is important to spend time in nature because in this way we can become aware of its wisdom. If we ignore the beauty of nature and spend all our time in an urban jungle, our stress levels go up and we begin to feel as if we are made out of the concrete that we see all around us.

# nature # water

Parliament on Tuesday approved the bill that makes instant TRIPLE Talaq a criminal offence , after the contentious legislation was passed by Rajya sabha following non- aligned BJD extending support and NDA constituent JD-U and AIADMK walking out.

Lok subha has passed the muslim women (protection of right on marriage) Bill last week and with Rajya Sabha now approving it , The practice of instant divorce by Muslim men will be punishable by jail term of up to 3 years .

The upper house passed the bill by 99 votes in favour and 84 against it.

It earlier rejected an opposition sponsored motion to send the bill to a Rajya Sabha selection committee with 100 votes against it as compared to 84 in favour .

The legislations that ban dowry and multiple marriages by Hindu men to justify the three-year jail term for Muslim men practices Triple talaq.

To Leader of the Opposition Ghulam Nabi Azad, who termed the bill as a politically motivated move to destroy Muslim households with domestic fights, the minister said the Congress leader should think of why his party could never win majority following the peak of 400-plus seats it won in 1984.

He saw the 1986 Shah Bano case, where the Congress did not stick its neck out to support women rights, as the main reason for the downfall of the party.

The law, he said, was not being brought due to the Supreme Court ruling of 2017 declaring talaq-e-biddat, commonly referred to as instant triple talaq, unconstitutional.

“I am a minister of Narendra Modi government and not Rajiv Gandhi government,” he said citing the Shah Bano case of 1986.

He said he cannot leave in lurch women who have been divorced by triple talaq via WhatsApp or other such means.

When Muslim world is trying to reform, why can’t a democracy do the same, he said.

Trying to shed anti-Muslim image, he said his party gave the nation a President from the same community.

On opposition charge of targeting Muslims, he said BJP may be getting a little less votes from the community but it considers them very much a part of the country and works on the principle of ‘sabka saath, sabka vikas, sabka vishwas’.

Prasad said the bill should not be seen through a political prism as it is a matter of humanity, woman empowerment and gender equality.

“More than 20 Islamic nations have regulated triple talaq,” he said.

Azad said the opposition has been forced to vote against the bill after the government did not accept their demand to send it to a select committee and make triple talaq a civil offence.

The triple Talaq could not make it through the Upper House earlier this year during the first term of Prime Minister Narendra Modi’s government, although it was passed by Lok Sabha.

The Bill was again passed by the Lok Sabha last week amid a walkout by several opposition parties including the Congress and the Trinamool Congress.

The opposition parties say in its current form, the proposed law could be misused to harass Muslims and wanted it to be reviewed by a parliamentary committee.

The closeness of death made belief – and its opposite- a pressing issue for the millions of men serving on the front and for those left behind at home. The soeity of the was day profoundly regious one, with Faith intregate into all aspects of life. Yet the religious picture of pre-war society was also a complex one , with a dense range of belief and superstition varying from village to village and region to region,as much as from one soul to the next. Russian serfs Punjabi volunteers , Lyonnias republican different in their belief ,unbelief, conformity and commitment as much as they sharing a common view of life and death.

Superstition and fatalism

It is hard for historians to measure, or even define, what Faith meant for men at the front . For societies deeply infused with religion tradition and practice ,it seems only natural that religious symbols were called upon during the intense experience of industrialised war. Stories of angels aiding wounded soldiers quickly took roots inthe population imagination – at home as well as at the front.

#Faith #people

The renewing of powerful nature

The beginning of spring could be not in accordance with the calendar one and till the middle of March looks rather like the end of winter .However,the high water in river and lake shows that the season is changed .The same situation happens with the raising temperature and,obviously,the longitude of a days.

In April nobody doubts that spring rules over the nature, bright blossoming, steady warm weather is the mostly visible attributes of month power .

Spring phenomena in nature

Spring leaves a mark on every around

As are many of urbanisation contemporary ,even the people whose work is more closely correlated to the nature can not afford themselves to stop to amaze of the metamorphosis.

The processes of the nature reincarnation ,spring demonstrations the highest level of delicacy. Melting snow allows the ground to be feet properly with the water and minerals,giving the way to get force hidden sprouts .

Animals in spring

The revival of animalistic force

The animals can happily given up their forced winter hibernation and think how to compensate the month of starvation and struggling with low temperatures.

The new grass , young soft leaves of the bushes have attracted a bewildering number of creatures that have still had dought about the new season coming .The metabolic processes are accelerated in the proposition to the sun energy. The pick of it is noticed in the binging of May.

#season #Nature