ORDER FOR MAINTENANCE OF WIVES, CHILDREN, AND PARENTS UNDER CRIMINAL PROCEDURE CODE, 1973

INTRODUCTION: The Criminal Procedure Code (CrPC) confers a substantive right of maintenance under sections 125-128. It asks the man to maintain his wife, children, and parents who are not able to maintain themselves. Through the order of maintenance, CrPC protects the rights of deserted wives, children, and parents. This makes the man fulfill his moral duty of maintaining the people who are...

SUMMONS UNDER SECTIONS 61-69 OF THE CRIMINAL PROCEDURE CODE

SUMMONS UNDER SECTIONS 61-69 OF THE CRIMINAL PROCEDURE CODE MEANING OF SUMMON: Summon is a legal notice issued by the Court to an accused or a witness to appear before the Court. A summon notifies an accused about a lawsuit filed against him and commands him to appear before the Court to answer the complaint made against him. To ensure a fair trial the presence of the accused is very important....

LEGAL MAXIM- EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS ( EXPRESS MENTION OF ONE THING IMPLIES EXCLUSION OF OTHERS )

MEANING: This is a Latin maxim used as one of the rules of Interpretation of Statutes.  The maxim means that if one thing is expressly mentioned it implies that other things of the same type are excluded. Thus when a Statute expressly mentions one thing it creates a presumption that other things that are not mentioned are excluded.  When an Act expressly mentions things of a particular...

SET-OFF AND COUNTER-CLAIM UNDER CIVIL PROCEDURE CODE, 1908

SET-OFF MEANING:  The Civil Procedure Code (CPC), 1908 does not provide any meaning or definition of the term Set-off thus it can be construed from Judicial Interpretation. We can understand set-off as a cross-claim of the defendant against the claim of the plaintiff. Order 8 Rule 6 of the CPC recognizes the defendant’s right to claim set-off. When the plaintiff has a debt against the...

DISSOLUTION OF MUSLIM MARRIAGE (DIVORCE/TALAK)

DISSOLUTION OF MUSLIM MARRIAGE (DIVORCE/TALAK) INTRODUCTION: The Pre-Islamic Arabs had unlimited power to give divorce to their wives at any time without giving any reason. They used to revoke divorce and then again divorce their wives as many times as they liked. However, the Prophet of Islam disapproved of these practices and warned people not to do things that would ultimately result in...

MUTA MARRIAGE UNDER MUSLIM LAW

MUTA MARRIAGE UNDER MUSLIM LAW MEANING: The term ‘muta’ means pleasure, use, or enjoyment. Muta marriage means temporary marriage. The term of muta marriage is temporary as its term is fixed by an agreement by the parties and lasts for a specified period of time. Muta marriage dissolves after the expiry of the time agreed upon in the agreement. The reason behind muta marriage is the...

MARRIAGE UNDER MUSLIM LAW (NIKAH)

INTRODUCTION:  In Islam marriage is considered such a sacred sacrament that it is considered as doing ibadat or worship. The prophet of Islam regarded Nikah as his Sunnat. Legally Nikah is a contract that is done with the consent of both the man and the woman. Islamic law gives a woman a high social status after marriage. Islam considers marriage as a sacred covenant. Marriage as an...

CAUSES OF ENVIRONMENTAL POLLUTION IN INDIA AND REMEDIES TO CONTROL ENVIRONMENTAL POLLUTION

INTRODUCTION: Environmental pollution is increasing in India at an alarming rate. This has resulted in adverse effects on our health. It has caused breathing issues, cold, cough, asthma, and other respiratory disorders and diseases. Environmental pollution can be classified into air pollution, water pollution, noise pollution, soil pollution. Rapid exploitation of natural resources by man,...

FOREIGN JUDGEMENT UNDER CODE OF CIVIL PROCEDURE, 1908

MEANING:    A foreign court is a court that is situated outside India and was not made or continued by the Central Government of India. Foreign judgment means a judgment passed by a foreign court. It is an adjudication on any matter before it by the foreign court. Section 13 of the Code of Civil Procedure, 1908 contains the rule of res judicata in respect of foreign judgment. Thus, it...