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Showing posts from November, 2019

Essentials of Employment Contracts I रोजगार कराराचे अनिवार्य

Wrongful Restraint and Wrongful Confinement

Wrongful Restraint and Wrongful Confinement  1. The term ‘wrongful restraint’ denotes a wilful obstruction of an individual to keep that individual from proceeding toward any path in which that individual has a privilege to continue.    Wrongful Restraint and Wrongful Confinement 2. According to section 339 of the Indian Penal Code, “Whoever voluntarily obstructs any person to prevent that person from proceeding in any direction in which that person has a right to proceed is said wrongfully to restrain that person”.  3. There are certain exceptions to this definition. The obstruction of a private way over land or water in which a person in good faith believes him to have a lawful right to obstruct is not an offense within the meaning of this section.  4. Section 341 of the Indian Penal Code defines punishment for wrongful restraint. It states that whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to

IPC 390-402: Robbery & Dacoity

IPC 390-402: Robbery & Dacoity 1. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both.   IPC 390-402: Robbery & Dacoity ROBBERY 2. Robbery refers to the taking of something of value, whether money, property or other valuable assets from someone through the use or threat of physical force. Robbery is an aggravated form of theft or extortion. 3. Elements of robbery; 1.    The actual taking away of the money or property must have taken place. 2.    The person committing the robbery must have the intent to steal or the intent to cause wrongful loss to one and wrongful gain to another.  3.    There must be a threat of violence or the use of physical force during the robbery.  4.    Robbery must be done in the vict

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Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Top 10 Points, Can Working Women Ask For Alimony In India? (2020)

1. Divorce entitles the wife to get alimony if she cannot maintain herself but what about working professionals? Can a woman get alimony if she has a source of income? The answer is yes; a working woman is eligible to get alimony depending on her income and living conditions.  2. Earlier working women in India were not given any kind of alimony or maintenance but with the change in time and subsequent amendments in the law, alimony or maintenance are provided to a working wife under certain circumstances. 3. When we say a working woman, we consider someone who is economically independent and financially able to satisfy her needs but sometimes in cases of married working women they do not earn enough to satisfy their necessities and partially depend on their husbands. These women are eligible to claim a certain amount of alimony. 4. The main reason behind maintenance to a working wife is that a wife faces many problems after leaving her matrimonial home and is dep

No Maintenance For Earning Wife Supreme Court