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Showing posts with the label constitution

Offences relating to marriage

Under IPC -494 Bns - 82  Marrying again during lifetime of husband or wife Whoever having a husband or wife married again during the life of such husband or wife is to punished under this section Exception When the husband or wife has not been heard for seven years Custom if it is a custom in case elf scheduled tribe where the Hindu marriage act is not applicable. Mahomedan A Muslim husband can have 4 wife without having divorced the first wife The same is not applicable to Muslim women Case law Sarla mudgal v union of India The case where the husband marries again after getting him converted to Muslim without getting divorce is not exempted from this section. Though he is Muslim he cannot escape the punishment without dissolution of first marriage.

Directive principles of state policy

Article 36-51 Introduction  The novel feature of the constitution is borrowed from Ireland  which copied from Spanish. The state is not only responsible for law and order but for the social and economic policies to be pursued for effective governance of the state. Classification of directives A. Social and economic charter B. Social security charter C.community welfare charter  Uniform civil code -article 44 Article 31-C and directive principles  Case laws  Minerva mill’s v uoi   Sanjeev coke mfg v bharat coking coal ltd Kesavananda bharti v state of kerala  Tamil Nadu v Abu kavur bai

Consumer protection Act

https://e-jagriti.gov.in/consumer/dashboard Consumer protection act 1986 Consumer protection act 2019 Consumer and consumer rights Consumer protection council Mediation Redressal mechanism Filing a complaint Mediation  Product liability action Arbitration Case law Arbitrary action- state liable to pay compensation (article 14) Lucknow development authority v m.k Gupta The respondent applied for a flat with Lucknow development authority, the flat was allotted on April 26, 1988 and he paired the full amount but was further delayed , he filed a complaint in the district forum The state commission asked the appellant to either complete and hand over the flat or refund the money , The appellant instead of complying with the order filed for appeal in the national commission , the national commission ordered him to pay compensation of 10000 as compensation but again he went on to appeal in the Supreme Court , The Supreme Court upheld the decision of the commission and dismissed the appeal...

Article 21

Right to privacy   Case law  Saretha v vengadasubbaiah The appellant filed a petition in the Andhra high court against the order of the lower courts for cohabitation  The defendant filed RCR ( restitution of conjugal rights) Using sec.9 of Hindu marriage act The appellant  being a famous actor was not interested in procreation of children and cohabitation. The body which is her personal body, she has the privacy to use her body for procreation of children and in this case rcr is a violation of right to privacy under article 21. Judgement   The case was in favour of Sareetha. Telephone tapping -it is an infringement of right to privacy The tapping of telephones of citizens is a violation of article 21 and should not be tapped unless it creates any public disorder. The tapping of telephone should be done with the permission of home Secretary and the copies of records should be deleted as soon as the citizen proves that the conversation does not bring any harm to t...