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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 5)

Unilateral Decision of Wife not to have Child is Cruelty to Husband

Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]The facts of the case are that the appellant approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the appellant namely Samar Ghosh and the respondent namely Jaya Ghosh was solemnized in 1984 and the respondent was divorced and had a female child from her first marriage. The appellant stated that immediately after marriage the respondent asked the appellant to not to interfere in her career and had also unilaterally decided that she would not give birth to a child and the appellant should try to keep himself...

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Customary Gifts Given at the Time of Child Birth or Other Ceremonies are not Dowry

Narayanamurthy v. State of Karnataka [(2008) 16 SCC 512]The facts of the case are as such that the appellant namely Narayanamurthy, who is husband of deceased, made an appeal to the Hon’ble Supreme Court against the order of High Court in which, the High Court have convicted Narayanamurthy for the offence of dowry death under section 498-A & 304-B of Indian Penal Code, 1860 (IPC). The marriage between the accused narayanamurthy and the deceased was solemnized in the year 1989 and a girl child was born in the wedlock. It was alleged that after the marriage, the accused and his...

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The new Drone Rules of 2021 & the Legal Framework governing Drones & Unmanned Aerial Vehicles (UAV’s) in India

IntroductionTechnological advancements and scientific progression do mark a catapulted growth for a country. Use of drones and other similar Unmanned aircraft systems is landmark for Indian scientific growth and is exigent for the development of various sectors of the economy. Drones, as pe the Drone Rules 2021, refers to any Unmanned Aircraft System (UAS). The definition of the same does entail a widespread connotation and must be inferred in a manner, that encourages operators and pilots to use the technology liberally, while, in the meantime must protect and preserve the integrity and security of India. Prior to the enactment of...

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Legal Compliance for Companies involved in the business of Drones & Unmanned Aerial Vehicles (UAV’s)

IntroductionWith the new Drone Rules in order, various kinds of approvals and licenses have been abolished, the process to apply and register drones have been made easier. In addition, reduction of fees to a nominal amount and increase in coverage of drones have ushered a new dynamic for the businesses and companies engaged in this field. These are the final rules, propounded by the Ministry of civil aviation that requires basic standards to be maintained. In a recent event, Prime minister of India, hailed and eulogized the new rules and voiced it as a medium of growth of the youth...

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Registration Process of Drones & Unmanned Aerial Vehicles (UAVs) in India

IntroductionIn the milieu of rapid technological advancements, the usage of drone and other similar aerial vehicles are testament to the state-of-the-art developments in a country. Notwithstanding, the multi-pronged benefits of the drone technology, the machinery is manned by individuals, thereby subjecting it to the intentions of those people. Thus, regulating the technology becomes absolutely indispensable. In India, the rules in respect to drones as well as other Unmanned Aerial Vehicles (UAV’s) has been designed to bolster and uplift the It sector, in a way which will reinforce the e-commerce, agriculture, mining, healthcare, logistics as well aid the government in its...

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Bail | Types | Grounds for Bail | Conditions for Bail | Powers of the Courts | Cancellation of Bail |

IntroductionBail, is the procurement of release from prison of a person awaiting trial or an appeal, by depositing a security to ensure his submission at the required time to the legal authority. The monetary value of the security, which is set by the court having jurisdiction over the crime committed by the accused, is known as bail bond. This security may be in terms of cash, power of attorney papers, or the bond of private persons or of a professional bonding company. If the person released on bail fails to surrender himself at the appointed time then the outcome is...

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Giving threats to commit Suicide amounts to Cruelty

Pankaj Mahajan v. Dimple [(2011)12 SCC 1The facts of the case are that the marriage of appellant namely Pankaj Mahajan and respondent Dimple was solemnized on 2 october,2000 and they had one female child out of wedlock. After the marriage, the appellant notices some changes in the behaviour of the respondent. She used to abruptly get very aggressive and suspicious in nature. In her anger, she used to give threat to appellant that she would end her life by committing suicide and frame the appellant and his family member in forged criminal case, unless provided with a separate residence. On...

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Distinguishing Cruelty from the Ordinary Wear & Tear of Family Life

No Desertion without Prior Cohabitation by the Parties & Cruelty must be distinguished from the Ordinary Wear and Tear of Family LifeSavitri Pandey v. Prem Chandra Pandey [(2002)2 SCC 73]The facts of the case are that the appellant Savitri Pandey approached the matrimonial court praying for dissolution of marriage alleging Cruelty and Desertion as a ground for divorce against her husband namely Prem Chandra Pandey. Further, the appellant prayed for direction to the respondent to return the ornaments he(respondent) received at the time of marriage. Their marriage was solemnized on 6 July,1987 and they started living separately after 21 August,...

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Setting-Up Business in India by Foreign Nationals

India has become a hub for foreign nationals to set up their business. It is attracting a large amount of Foreign Direct investment every year and opportunities & large market in India are encouraging foreign nationals to set up their business in India. In this Article, the procedure to set up business in India is detailed. Entry Strategies into IndiaThere are mainly two ways by which a foreign national can set up business in India- by Setting up of Liaison Office in India or by Incorporation of Private Limited Company in India.The first thing to look into before setting up business...

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Legal Challenges faced by Foreign Nationals in Setting-Up their Corporations in India

As the world's fastest growing economy India holds the potential for corporations across the world. But before entering into the Indian market one needs to know about business culture in India and challenges that one could face here while setting-up their business in India. So, in this article we would be disclosing the legal challenges faced by Foreign Nationals while setting-up their business in India. Legal Challenges faced by Foreign Nationals in Setting-Up their Corporations in IndiaListed below are the key challenges faced by Foreign Nationals in Setting-Up their Corporations in India-Time-Consuming Registration Process- The first step to enter into the...

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