INTERNATIONAL YOGA DAY

Today 21 June is known as yoga day. In this day everyone do yoga and keep their body healthy and keep their body away from Covid 19. This is the 6th international yoga day. Narendra Modi Indian prime minister started international yoga day. Yoga is a physical, mental and spiritual practice which originated in India. […]

INTERNATIONAL YOGA DAY

One in a million’: Super Earth found 25,000 light years away from our planet

The Astronomers from the University of Canterbury in New Zealand have found a new planet in the galaxy that bears several similarities to our planet Earth. The planet is reportedly called as ‘One In A Million planet’, as mankind has always been searching for a planet similar to Earth. However, as per their observations, the planet is huge and bigger in comparison to our planet.

Astronomers discover Super-Earth 25,000 light-years away from Earth

The Astronomers from the University of Canterbury have recently discovered a new planet orbiting around a dim dwarf star or a brown dwarf which is located 25,000 light-years away from us, which is in the centre of the Milky Way. The planet takes around 617 Earth days to complete a full orbit around its host star. However, in comparison to the sun, the dwarf star is only about one-tenth of the mass of the sun. But, the Super-Earth is significantly larger than Earth and can be considered to be as big as Neptune. The distance between the newly found alien planet and the host star is similar to between where Earth and Venus orbit around the sun.

The scientists from the University of Canterbury have observed the alien planet using the gravitational microlensing technique. This means that the scientists watched how the dwarf star and the Super-Earth warped and magnified light. The technique is used by aligning the telescope in a certain way that a large object and a target are lined up properly so that the light coming from the target becomes warped due to the presence of the large object. However, this is considered to be an extremely rare event. A statement released by the University of Canterbury in New Zealand also said that this is a ‘one in a million’ occurrence.

The study reveals the Super-Earth is located 25,000 light-years away from Earth. It is unclear if the planet can host any type of life as the temperature of its star is unknown. The researchers further explained that if the star emits high levels of radiation, then the planet will most likely be unfavourable for life.

#EARTH#LEAVING PLANET

Contract of Bailment and Pledge

Bailment and Pledge are two special contracts that are often confused. Every pledge is a bailment but every bailment is not pledge[1]. Bailment means a delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. Pledge is a special kind of bailment.

Bailment

A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived from a French word i.e. “bailer” which means “to deliver”[2]. The etymological meaning of bailment is “handing over”or “change of possession of goods”. By bailment, we mean delivery of goods from one person to another for a special purpose on the contract that they shall reimburse the goods on the fulfilment of the purpose or dispose of them as per the direction of the bailor. The person who delivers the goods is known as bailor. And the person to whom the goods are given is known as Bailee. And the property bailed is known as Bailed Property.

Essentials of Bailment

  • There shall be a contract between the parties for the delivery of goods,
  • The goods shall be delivered for a special purpose only,
  • Bailment can only be done for movable goods and not for immovable goods or money,
  • There shall be a transfer of possession of goods,
  • Ownership is not transferred to Bailee, therefore Bailor remains the owner,
  • Bailee is duty bound to deliver the same goods back and not any other goods.

Duties of a Bailor

Section 150 of the Indian Contract Act, 1872 bound the bailor with certain duties to disclose the latent facts specifically pertaining to defect in goods. Bailor’s duty of disclosure are:

  • Gratuitous Bailment: It is the duty of the bailor to disclose all the defects in the goods that he is aware of to the Bailee that can interfere with the use of goods or can expose him to extraordinary risks. And failure to do the same will make bailor liable for damages.
  • Non Gratuitous Bailment (Bailment for Reward):This duty particularly deals with the goods given on hire. As per this provision, when the goods are bailed for hire, then in such a situation even if the bailor is aware of the defect in the goods or not will be held liable for the injury that has been caused due to the existence of such defect.

In Hyman v Nye & Sons[3], the plaintiff took a carriage on hire from the defendant but the carriage was not fit for the journey and subsequently, the plaintiff suffered injuries. The court held that even though the defendant was aware of such defect or not he shall be liable.

for the journey and subsequently, the plaintiff suffered injuries. The court held that even though the defendant was aware of such defect or not he shall be liable.

Duties of Bailee

Bailee has to fulfil several obligations as per Indian Contract Act, 1872. That is:

  • Duty to take reasonable care: It is the duty of the Bailee to take care of goods as his own goods. He shall ensure all safety measures that are necessary to protect the goods. The standard of care should be such as taken care by a prudent man. The goods shall be taken care of equally whether they are gratuitous or non-gratuitous. The Bailee shall be held liable for payment of compensation if he fails to take due care. But if the Bailee has taken due care and instead of that the goods are damaged then in such a situation Bailee will not be liable to pay compensation. The Bailee is not liable for the loss of goods due to destruction by fire[4]. (Section 151-152)
  • Duty not to make unauthorized use of the goods:Bailee is duty bound to use the goods for a specific purpose only and not otherwise. If he uses the goods for any other purpose than what is agreed for then the bailor has the right to terminate such bailment or is entitled with compensation for damage caused due to unauthorized use. (Section 153-154)
  • Duty not to mix bailor’s goods with his own goods: It is the duty of the Bailee not to mix bailor’s goods with his own. But if he wants to do the same then he shall seek consent from the bailor for mixing of goods. If the bailor agrees for the mixing of the goods then the interest in the mixed goods shall be shared in proportion. In case, Bailee without the consent of bailor mixes the goods with his own then two situations arise: goods can be separated and goods can’t be separated. In the former case the Bailee has to bear the cost of separation and in the latter case since there is the loss of the goods, therefore, bailor shall be entitled with damages of such loss. (Section 155-157)
  • Duty to return the goods on the fulfilment of purpose:Bailee is duty bound to return the goods once the purpose is achieved or on the expiry of the time period for which the goods were bailed. But if the Bailee makes default in returning the goods on proper time then he will be responsible with the loss, destruction or deterioration of the goods if any. (Section 160-161)

In the case of Bank of India v. Grains & Gunny Agencies the court held that if the goods are lost or destroyed due to the negligence of servant of Bailee, then in such case as well Bailee shall be liable.

  • Duty to deliver to the bailor increase or profit if any on the goods bailed:The Bailee has a duty to return the goods along with increase or profit subject to contract to the contrary. Accretion that has accrued from the bailed goods is the part of the bailed goods and therefore bailor has the right over such accretions if any. And such accretions shall be handed over to the bailor along with the goods bailed. For instance, A leaves a cow in the custody of B and cow gives birth to the calf. Then B is duty bound to hand over the bailed goods along with accretion to the bailor. (Section 163)

Rights of a Bailor

As such Indian Contract Act, 1872 does not provide for Rights of a Bailor. But Rights of a Bailor is same as Duties of the Bailee i.e. Rights of Bailor = Duties of Bailee[7]. So the rights of bailor are:

  • Enforcement of Bailee’s Duty:Since Right of the bailor is same as the right of the Bailee, therefore on the fulfilment of all duties of Bailee the bailor’s right is accomplished. For example, it is the duty of the Bailee to give the accretions and it is the right of bailor to demand the same.
  • Right to claim damages: If the Bailee fails to take care of the goods, the bailor has the right to claim damages for such loss. (Section 151)
  • Right to Termination the Contract: If the Bailee does not comply with the terms of the contract and acts in a negligent manner in such case the bailor has the right to rescind the contract. (Section 153)
  • Right to claim compensation: If the Bailee uses the goods for an unauthorized purpose or mixes the goods which cause loss of goods in such case bailor has the right to claim compensation.
  • Right to demand the return of goods: It is the duty of the Bailee to return the goods and the bailor has the right to demand the same.

Rights of a Bailee

  • Right to recover expenses:In the contract of Bailment, the Bailee incurs expenses to ensure the safety of goods. The Bailee has the right to recover such expenses from the bailor. (Section 158)
  • Right to remuneration: When the goods are bailed to the Bailee he is entitled to receive certain remuneration for services that he has rendered. But in case of gratuitous bailment, the Bailee is not awarded any remuneration.
  • Right to recover compensation:At times a situation arises wherein bailor did not have the capacity to contract for bailment. Such a contract causing loss to the Bailee, therefore the Bailee has the right to recover such compensation from the bailor. (Section 168)
  • Right to Lien:Bailee has the right over Lien. By this, we mean that if the bailor fails to make payment of remuneration or does not pay the amount due, the Bailee has the right to keep the goods bailed in his possession till the time debtor dues are cleared. Lien is of two types: particular lien and general lien. (Section 170-171)

In the case of Surya Investment Co. v. S.T.C[8], the court held that expenses incurred by Bailee during preservation of goods under lien shall be borne by bailor.

  • Right to suit against a wrongdoer:After the goods have been bailed and any third party deprives the Bailee of use of such goods, then the Bailee or bailor can bring an action against the third party. (Section 180)

Pledge

Pledge is a kind of bailment. Pledge is also known as Pawn.It is defined under section 172 of the Indian Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or loan advanced or performance of an obligation or promise. The person who pledges the goods as security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known as Pledgee or Pawnee.

Essentials of Pledge

Since Pledge is a special kind of bailment, therefore all the essentials of bailment are also the essentials of the pledge. Apart from that, the other essentials of the pledge are:

  • There shall be a bailment for security against payment or performance of the promise,
  • The subject matter of pledge is goods,
  • Goods pledged for shall be in existence,
  • There shall be the delivery of goods from pledger to pledgee,
  • There is no transfer of ownership in case of the pledge.

Rights of Pawnor

As per Section 177 of the Indian Contract Act, 1872 the Pawnor has the Right to Redeem. By this, we mean that on the repayment of the debt or the performance of the promise, the Pawnor can redeem the goods or property pledged from the Pawnee before the Pawnee makes the actual sale. The right of redemption is extinguished once the actual sale is done by the Pawnee as per his right under section 176 of the Indian Contract Act, 1872[9].

Rights of a Pawnee

The rights of the Pawnee as per Indian Contract Act, 1872 are:

  • Right to retain the goods: If the Pawnor fails to make the payment of a debt or does not perform as per the promise made, the Pawnee has the right to retain the goods pledged as security. Moreover, Pawnee can also retain goods for non-payment of interest on debt or non-payment of expenses incurred. But Pawnee cannot retain goods for any other debt or promise other than that agreed for in the contract. (Section 173-174)
  • Right to recover extraordinary expenses: The expenses incurred by Pawnee on the preservation of goods pledged can be recovered from Pawnor. (Section 175)
  • The right of suit to procure debt and sale of pledged goods: On the failure to make repayment to Pawnee of the debt, the Pawnee has two right: either to initiate suit proceedings against him or sell the goods. In the former case, the Pawnee retains the goods with himself as collateral security and initiate the court proceedings. He need not provide any notice of such proceedings to the Pawnor[10]. And in the latter case, the Pawnee can sell the goods after giving due notice of sale to the Pawnor. If the amount received from the sale of goods is less than the amount due then the rest amount can be recovered from Pawnor. And if the Pawnee gets more amount than the due amount then such surplus is to be given back to Pawnor. (Section 176)

Principal of natural justice – “Rule against bias”

1) Quasi – judicial authority is obligated to the canons of natural justice

2) natural justice is a procedural safeguards.

3) if checks the arbitrary excise of the power by the state functionaries.

4) it is expandable flexible pragmatic and relative concept.

5) it helps the authorities to arrive at right decision.

6) Rules of natural justice are not codified.

Features of principal of natural justice

1.Secure justice prevents miscarriage of justice.

2.Principal of natural justice not fixed but flexible and variable .

3.Adds on with statute.

4.Mandatory.

5.To check arbitrary.

6.Principal of natural justice may not be applied blindly.

7.Duty to act fairly is presumed when as offices.

Rule against bias is based on a legal maxim ” nemo in Pretoria cause Jude, esse debet”.

1. No one should be a judge for his own cause or case.

2. The decision maker should be opened to persuasion.

3. Bias means conscious or unconscious prejudice.

BIAS

Malice, spite or ill- will.

Malice in law and malice in fact .

Type of bias

1. Pecuniary bias

2.Personal bias

3.Subject matter bias

4. Departmental bias official bias

5. Pre- conceived nation bias

administrative law

DEFINITION OF ADMINISTRATIVE LAW

K.C DAVIS :- law concerning powers and procedures of administrative agency including the law governing judicial review of administrative action

ADMINISTRATIVE LAW

ELEMENTS :- administrative bodies, administrative tribunals , officials

SOURCES :- constitutional law , statutory law, judge made laws , agency made law

REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW

Growth of administrative law and functions

Shift from laissez fair system to the social welfare state

State activism and multiple roles played by state service provides active instruments of socio-economic policy economic regulation

In india administrative law is basically principal based

Drawn substantially from the constitutinal law

Urbanisation

technicality

preventive measures

Flexibility

emergency situation

inadequacy of judicail measures

Complexity of modern day of administrative

SOURSCE OF ADMINISTRATIVE LAW IN USA

Administrative procedure ACT 1893

Statutory instruments ACT 1946

Federal tort claims ACT 1947

Tribunals and enquiry ACT 1958

Parlimentary lommitees ACT 1962

Constitution of USA [precedents ]

GOLDEN TRIANGLE

shruthipatidar's avatarM's blog

ARTICLE- 21PROTECTION OF LIFE AND PERSONAL LIBERTY – No person shall be deprived of his life and personal Lerbity 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…

View original post 17 more words

Faith, belief and superstition

shruthipatidar's avatarM's blog

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…

View original post 32 more words

Oia, santorini, greece

shruthipatidar's avatarM's blog

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 ofsantorini. 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…

View original post 15 more words

Ram Jethmalani

shruthipatidar's avatarM's blog

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

Ram Boolchand Jethmalani was an Indian lawyer and politician. He served as India’s Union minister of law and justice, as chairman of the Indian Bar Council, and as the president of the Supreme Court Bar Association. He is noted in the Indian legal fraternity for his forte in criminal law and high-profile civil cases.Died: 8 September 2019 Trending
Born:14 September 1923,Shikapur, Pakistan.
Office:Member of Rajya Sabha since 2016
“Age is an issue of mind over matter, if you don’t mind it doesn’t matter” – Mark Twain.

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…

View original post 454 more words

LEGAL NOTICE FORMATE AND PROCEDURE IN INDIA .

shruthipatidar's avatarM's blog

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.

Alegal noticeis, 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.

View original post 531 more words

Types of contracts on the basic of validity .

shruthipatidar's avatarM's blog

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

Valid Contracts

The Valid Contract as discussed in the topic on “Essentials of a Contract” is an agreement that is legally binding and enforceable. It must qualify all the essentials of a contract.

Types of Contracts - Based on Validity

Void Contract Or Agreement

The section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court oflawas void.

We have already stated examples of these kinds of contracts in the “Essentials of a Contract”.

Example: A agrees to pay B a sum of Rs 10,000 after 5 years against aloanof Rs. 8,000. A dies…

View original post 491 more words

Hindu marriage act 1955

good

shruthipatidar's avatarM's blog

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…

View original post 1,068 more words

Types of contracts on the basic of validity .

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.

Valid Contracts

The Valid Contract as discussed in the topic on “Essential of contract” is an agreement that is legally binding and enforceable. It must qualify all the essentials of a contract.

Types of Contracts - Based on Validity

Void Contract Or Agreement

The section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law as void.

We have already stated examples of these kinds of contracts in the “Essentials of a Contract”.

Example: A agrees to pay B a sum of Rs 10,000 after 5 years against a loan of Rs. 8,000. A dies of natural causes in 4 years. The contract is no longer valid and becomes void due to the non-enforceability of the agreed terms.

Voidable Contract

These types of Contracts are defined in section 2(i) of the Act: “An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract.” This may seem difficult to wrap your head around but consider the following example:

Suppose a person A agrees to pay a sum of Rs. 10,0000 to a person B for an antique chair. This contract would be valid, the only problem is that person B is a minor and can’t legally enter a contact.

So this contract is a valid contract from the point of view of A and a “voidable” contract from the point of view of B. As and when B becomes a major, he may or may not agree to the terms. Thus this is a voidable contract.

A voidable contract is a Valid Contract. In a voidable contract, at least one of the parties has to be bound to the terms of the contract. For example, person A in the above example.

The other party is not bound and may choose to repudiate or accept the terms of the contract. If they so choose to repudiate the contract, the contract becomes void. Otherwise, a voidable contract is a valid contract.

Illegal Contract

An agreement that leads to one or all the parties breaking a law or not conforming to the norms of the society is deemed to be illegal by the court. A contract opposed to public policy is also illegal.

Several examples may be cited to illustrate an illegal contract. For example, A agrees to sell narcotics to B. Although this contract has all the essential elements of a valid contract, it is still illegal.

The illegal contracts are deemed as void and not enforceable by law. As section 2(g) of the Act .“An agreement not enforceable by law is said to be void.”

Thus we can say that all illegal contracts are void but the reverse is not true. Both the void contracts and illegal contracts can’t be enforceable by law. Illegal contracts are actually void ab into (from the start or the beginning).

Also because of the criminal aspects of the illegal contracts, they are punishable under law. All the parties that are found to have agreed on an illegal promise are prosecuted in a court of law.

Unenforceable Contracts

Unenforceable contracts are rendered unenforceable by law due to some technical. The contract can’t be enforced against any of the two parties.

LEGAL NOTICE FORMATE AND PROCEDURE IN INDIA .

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.

Regional Transport Office.

Regional Transport Office (RTO)

The Motor Vehicles Department has been established under section 213(1) of the Motor Vehicles Act, 1988. This is a central act applicable throughout the country. Motor vehicle department is responsible for enforcing various provisions of this act. This department is headed by the Transport Commissioner.

Every state and city have their own RTO (Regional Transport Office). Every R.T.O is responsible to carry out the functions and activities that are laid out in Motor Vehicles Act, 1988.

Functions of the Regional Transport Office (R.T.O)

  • Enforce the provisions of the various acts of Motor Vehicles, the central motor vehicles rules and the state motor vehicles rules as laid down by the government from time to time.
  • Ensure co-ordinated development of road transport through management of permit .
  • Charge and collect tax as per the provisions of the vehicles act .

Activities performed by RTO

  • Registration of vehicles
  • Motor vehicle tax collection
  • Issue of licenses for public transit and freight traffic
  • Conduct driving test and issue Learner’s and Permanent driver’s license and renewing the same
  • Maintain database of registered vehicles
  • Vehicle transfer and registration of mortgage transactions
  • Maintaining a proper check on the validity of Insurance on motor vehicles
  • Mechanical inspection of accidental vehicles
  • Grant certificate of fitness to transport vehicles
  • Issue badges to the drivers of public services vehicles like Auto rickshaws and Taxis
  • Issue International driving permits.
  • Vehicle Registration at Regional Transport Office

    Owning a motor vehicle is a dream for most people living in India. If an individual wishes to drive the vehicle in the country, he has to go through the vehicle registration process that is mandatory as per the Motor Vehicles Act, 1988.

    Documents required for vehicle registration process at Regional Transport Office:

    • Form 20 i.e. application form for registration of the vehicle
    • Age and address proof documents
    • Passport size photographs
    • Form 21 i.e. sales certificate of the vehicle
    • Form 22 i.e. roadworthiness certificate
    • PUC certificate
    • Insurance of the vehicle to be registered
    • For registration of an imported vehicle, customs clearance certificate is required
    • Sales tax certificate, if the vehicle has been bought from one state and has to be registered in the other.
    • No Objection Certificate from RTO and dealer has to be submitted if the vehicle is bought in one state and registered in another state.
    • Temporary registration number
    • Invoice of the vehicle
    • Design approval has to be obtained from Transport Minister for registration of semi-trailer and trailer vehicles
    • Form 34, in case of loan hypothecation
    • Applicable application fees has to be paid

    The vehicle owner will have to visit the RTO with the above documents. The documents need to be submitted and the applicable application fee has to be paid. On verification of the documents and inspection of the vehicle, the vehicle number is issued to the vehicle owner. After 7 days, a registration certificate is issued that acts as a proof stating the registration of the vehicle.

    Re-Registration of a Motor Vehicle in New State

    Re-registration of a motor vehicle can be done if the motor vehicle is moved to a different state. The documents required for re-registration of the vehicle are pretty much the same in addition to which NOC has to be obtained from the vehicle financer and the original registering certificate has to be submitted. On submitting the documents and paying the application fee, the vehicle is re-registered within a span of 15 days.

    Transfer of Vehicle Ownership at Regional Transport Office

    Transfer of vehicle ownership can be done by

    • Application for transfer of vehicle ownership which has to be made in Form 29 and 30
    • If the vehicle is registered in another state, NOC has to be obtained from the RTO where the vehicle was first registered.
    • NOC has to be obtained from the financer if the vehicle is purchased through finance
    • PUC certificate
    • Vehicle insurance certificate
    • Applicable application fees and road taxes
    • Registration certificate of the vehicle
    • Affidavit stating the sale and purchase of the vehicle
    • Age and address proof documents along with passport size photographs.

Hindu marriage act 1955

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

GOLDEN TRIANGLE

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.

Ram Jethmalani

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

Ram Boolchand Jethmalani was an Indian lawyer and politician. He served as India’s Union minister of law and justice, as chairman of the Indian Bar Council, and as the president of the Supreme Court Bar Association. He is noted in the Indian legal fraternity for his forte in criminal law and high-profile civil cases.Died: 8 September 2019 Trending
Born: 14 September 1923,Shikapur, Pakistan.
Office: Member of Rajya Sabha since 2016
“Age is an issue of mind over matter, if you don’t mind it doesn’t matter” – Mark Twain.

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.

Oia, santorini, greece

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

Noni fruit

What is noni juice and its health benefits

  • Lowers risk of gout. Caused by the build-up of uric acid crystals in the joint, gout is a kind of arthritis which causes joint pain.
  • Improves skin quality.
  • Good for people suffering from arthritis.
  • Anti-ageing.
  • Prevents cancer.
  • Reduces stress.
  • Boosts immunity.
  • Treats fever.

While the name may sound odd, noni juice is derived from the fruit of a small evergreen plant called noni – also known as Indian mulberry – normally found in global subtropics and tropics. Lucky for us, the health benefits abound noni juice may offer protection and functioning of the liver, maintenance of cardiovascular health, and blood sugar control, and relief from memory loss. The immense antioxidant potential of noni juice also exerts antipsychotic, antifungal, antibacterial, and anti-inflammatory effects which are valuable in giving relief from conditions such as arthritis and some central nervous system disorders.

Design a site like this with WordPress.com
Get started