This act established rules for adoption and maintenance obligations among Hindus in India in 1956. It allowed Hindus to adopt children subject to certain criteria like the adoptive parent's ability to provide and the child's eligibility. It also required Hindus to provide maintenance to their wives, children, and dependent parents and daughters. The amounts were determined by courts considering factors like family status, dependents' needs, and individual incomes and estates. Overall, the Hindu Adoptions and Maintenance Act of 1956 aimed to outline Hindus' adoption and family financial support responsibilities in India.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Juvenile Justice Law in India (Juvenile Justice Act 1986, 2000 & 2015)NishkaPrajapati
1. Discuss the powers and procedure of the Juvenile Justice Board.
2. Powers, functions and procedure of child welfare committee.
3. Evolution of Juvenile Justice Act. / Legislative approaches in pre-colonial era.
4. Explain the concept of reformative theory of juvenile delinquency.
5. What is the role of police in juvenile delinquency?
6. Discuss on Beijing Rules.
7. Discuss Convention on the rights of child.
8. What is the distinction between JJ Act 1986 and JJ act 2000?
9. Discuss the powers and procedure of Juvenile Welfare Board.
10. Discuss the constitution, powers and procedure of Juvenile Court.
11. Short note on after care service centres.
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Juvenile Justice Law in India (Juvenile Justice Act 1986, 2000 & 2015)NishkaPrajapati
1. Discuss the powers and procedure of the Juvenile Justice Board.
2. Powers, functions and procedure of child welfare committee.
3. Evolution of Juvenile Justice Act. / Legislative approaches in pre-colonial era.
4. Explain the concept of reformative theory of juvenile delinquency.
5. What is the role of police in juvenile delinquency?
6. Discuss on Beijing Rules.
7. Discuss Convention on the rights of child.
8. What is the distinction between JJ Act 1986 and JJ act 2000?
9. Discuss the powers and procedure of Juvenile Welfare Board.
10. Discuss the constitution, powers and procedure of Juvenile Court.
11. Short note on after care service centres.
This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Adoption can be legal as well as illegal in India(Only Legal adoption recognized and Valid).
Under Indian law adoption is legal coalition between the party willing for adoption and a child,
Subject matter of ‘personal law’ where Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption.
No separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
According to section 2(aa) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, “adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all right, privileges and responsibility that are attached to the relationship”.
Position of humans under different personal laws Shreya Chaurasia
People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
2. Hindu Adoptions and Maintenance Act
1956
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of
the Hindu Code Bills.
The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process
of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide
"maintenance" to various family members including their wife or parents, and in-laws.
3. Application
This act applies to Hindus and all those considered under the umbrella term of Hindus, which
includes:
a Hindu by religion in any of its forms or development;
a Buddhist , Jain or Sikh;
a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;
a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs
and has been so brought up;
an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu,
Buddhist, etc.; and
a convert to the Hindu, Buddhist, Jain or Sikh religion.
4. Who can Adopt ?
Only Hindus can Adopt subject to certain criteria:
1. They have the capacity to provide for the adopted child.
2. Child must be capable of being adopted.
3. Compliance with all the other specifications ,like:
- Men can adopt if they have consent of their wife or all the wives
- Unmarried men can adopt as long they are not minor.
- If man adopts a daughter, he must be 21 years of age or older .
- only unmarried Hindu women can adopt a child , married women can only give consent
to the husband for adoption.
5. Who can be adopted?
The adopted child can be either male or female.
The adopted child must fall under the Hindu category.
The adoptee also needs to be unmarried.
The child cannot be the age of fifteen or older.
An adoption can only occur if there is not a child of the same sex of the adopted child still
residing in the home. In particular, if a son were to be adopted then the adoptive father or
mother must not have a legitimate or adopted son still living in the house.
6. Maintenance
Maintenance of a wife
A Hindu wife is entitled to be provided for by her husband throughout the duration of her
lifetime per Section 18 of HAMA '56.Regardless of whether the marriage was formed before
this Act was instated or after, the Act is still applicable. The only way the wife can null her
maintenance is if she renounces being a Hindu and converts to a different religion.
The wife is allowed to live separately from her husband and still be provided for by him.
This separation can be justified through a number of different reasons, including if he has
another wife living, if he has converted to a different religion other than Hinduism, if he has
treated her cruelly
7. In case of Widow
If the wife is widowed by her late husband, then it is the duty of the father-in-law to provide
for her. This legal obligation only comes into effect if the widowed wife has no other means of
providing for herself. If she has land of her own, or means of an income and can maintain
herself then the father-in-law is free from obligation to her. Additionally, if the widow
remarries then her late husband's father-in-law is not legally bound by this Act anymore as
well
8. Maintenance of a child or of aged parents
Under this Act, a child is guaranteed maintenance from his or her parents until the child
ceases to be a minor. This is in effect for both legitimate and illegitimate children who are
claimed by the parent or parents. Parents or infirmed daughters, on the other hand, must be
maintained so long as they are unable to maintain for themselves.
Sections 20-22 of the Act cover the same, and provide for the maintenance of any
dependents of an individual.
9. Maintenance amount
The amount of maintenance awarded, if any, is dependent on the discretion of the courts.
Particular factors included in the decision process include the position or status of the
parties, the number of persons entitled to maintenance, the reasonable wants of the
claimants, if the claimant is living separately and if the claimant is justified in doing so, and
the value of the claimant's estate and income. If any debts are owed by the deceased, then
those are to be paid before the amount of maintenance is awarded or even considered.