BLOGGER IS A PRACTISING LAWYER BASED IN KOCHI/ERNAKULAM. THIS BLOG ONLY AIMS TO UPDATE THE LEGAL INFORMATION AND SOCIAL VIEWS OF THE BLOGGER. Mail : sherryjthomas@gmail.com
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Tuesday, 31 August 2010
പഞ്ചായത്ത് തെരഞ്ഞെടുപ്പില് മത്സരിക്കുന്നവര് അറിയാന് .. ലേഖനം ..
പഞ്ചായത്ത് തെരഞ്ഞെടുപ്പില് മത്സരിക്കുന്നവര് അറിയാന് .. ലേഖനം ..
THE CIVIL LIABILITY FOR NUCLEAR DAMAGE BILL 2010
THE CIVIL LIABILITY FOR NUCLEAR DAMAGE BILL 2010
A legislation to provide for civil liability for nuclear damage, appointment of Claims Commissioner,establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.
DOWNLOAD FULL TEXT. (As passed by the Parliament)
A legislation to provide for civil liability for nuclear damage, appointment of Claims Commissioner,establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.
DOWNLOAD FULL TEXT. (As passed by the Parliament)
Monday, 30 August 2010
kerala inland vessels Rules 2010
KERALA INLAND VESSELS RULES 2010.. A legislation by Kerala Government to prevent the mishaps occurred due to illegal and negligent use of boats and other vessels using for inland navigation and tourism.
Download the full text of legislation.
Download the full text of legislation.
THE INDIAN FISHERIES ACT, 1897
The fisher menfolk in Kerala are facing the apprehension of new Central legislations on every occasion. Awareness of Indian Fisheries Act 1897 may help the researchers in this field to take up the matter in right way.
Saturday, 28 August 2010
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT
One of the landmark legislation in India which can be a model to other Nations!
(a) “children” includes son, daughter, grandson and grand-daughter but does not include a minor;
(b) “maintenance” includes provision for food, clothing, residence and medical attendance and treatment;
download full text..
One of the landmark legislation in India which can be a model to other Nations!
(a) “children” includes son, daughter, grandson and grand-daughter but does not include a minor;
(b) “maintenance” includes provision for food, clothing, residence and medical attendance and treatment;
download full text..
FOREIGN CONTRIBUTION (REGULATION) BILL, 2010 - download full text.
The Indian Parliament passed the FOREIGN CONTRIBUTION (REGULATION) BILL, 2010.
The Bill seeks to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies. It will prohibit acceptance and utilisation of foreign contribution or foreign hospitality for activities detrimental to the national interest or national security.
The Bill seeks to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies. It will prohibit acceptance and utilisation of foreign contribution or foreign hospitality for activities detrimental to the national interest or national security.
Monday, 23 August 2010
The basic duty of the Highway Police is not to check documents of vehicles.The Police Officer has to come out from his vehicle and move towards the vehicle intended to the checked for records. No vehicle checking in corners and lonely areas. No vehicle driver shall be forced to come near the police jeep for showing records.
The basic duty of the Highway Police is not to check documents of vehicles.The Police Officer has to come out from his vehicle and move towards the vehicle intended to the checked for records. No vehicle checking in corners and lonely areas. No vehicle driver shall be forced to come near the police jeep for showing records.
see the circular issued by Director General of Police.
Circular No. 7/2009. February, 2009.
see the circular issued by Director General of Police.
Circular No. 7/2009. February, 2009.
Panchayath Election in Kerala - law of candidates and voters
Kerala Panchayath Raj Act
Kerala Municipalities Act
Indian Penal Code
The Representation of the People Act
Extracts and an article for laymen in vernacular language.
Kerala Municipalities Act
Indian Penal Code
The Representation of the People Act
Extracts and an article for laymen in vernacular language.
Saturday, 21 August 2010
Higher education-reservation for financially backward- government order
Higher education-reservation for financially backward- government order - ON THE BASIS OF Js Narendran Commission Report.
Friday, 20 August 2010
Good news for harassed husbands and inlaws! Supreme Court direction to reconsider the old legislation. - Download full text of judgement dated 13-8-2010.
INDIAN PENAL CODE section-498-A. Husband or relative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.--For the purposes of this section, `cruelty' means:-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
Relevant paragraphs from the Judgement:
33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.
34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.
35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."
Relevant paragraphs from the Judgement:
33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.
34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.
35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.
Thursday, 19 August 2010
SHERRYS COLUMN: Minimum wages in Kerala
SHERRYS COLUMN: Minimum wages in Kerala: "Know the minimum wages in Kerala.Then fight to get it for your known ones!"
Monday, 9 August 2010
Private schools will come under Right To Information Act: Decision by Central Information Commission. Order dated 14-7-2010.
Private schools will come under Right To Information Act: Decision by Central Information Commission. Order dated 14-7-2010.
Down load the full text from "updates" in www.niyamadarsi.com.
Down load the full text from "updates" in www.niyamadarsi.com.
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