Limelook Post

Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. Even though the law is very clear on this point, 'second marriage' is a common practice in Indian society. As a result of the aforementioned contrast between the law and social practice, second wives in India have little protection under the law. With the commencement of Hindu Marriage Act, 1955 (HMA), one of the condition provided for a valid for a valid marriage was that neither party should have a spouse living at the time of the marriage. Under the old law, there was a bar against a woman marrying a second husband while her first husband is alive unless custom permitted her. There was no such bar against men, till some States passed laws for prevention of bigamous marriages, and introduce the principle of monogamy among Hindus. After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage...

Jurisdiction means the power and authority conferred by law upon a court, judge or tribunal to decide the disputes and make judgments/orders authorised by law[1]. It is that power which a court has to decide the matters that are litigated before it or to take cognizance of matters presented to it in a formal way for its decision[2]. When we talk about the inherent jurisdiction of a civil court, we refer to the broad doctrine of inherent jurisdiction which allows a court to control its own process and to control the procedures before it[3]. The power sterns not from any particular statute or legislation, but rather from inherent powers vested in a court to control the proceedings brought before it[4]. The Section 9 of the Civil Code of Procedure, 1908 deals with jurisdiction of the civil courts in India. It says that the courts shall have jurisdiction to try all suits of a civil nature except suits of which cognizance is either expressly or impliedly barred. In the essay ahead, the rese...

The literal meaning of this Latin expression is ―said by the way‖. The expression is used especially to denote those judicial utterances in the course of delivering a judgement which taken by themselves, were not strictly necessary for the decision of the particular issue raised. These statements thus go beyond the requirement of a particular case and have the force of persuasive precedents only. The judges are not bound to follow them although they can take advantage of them. They some times help the cause of the reform of law. Obiter Dicta are of different kinds and of varying degree of weight. Some obiter dicta are deliberate expressions of opinion given after consideration on a point clearly brought and argued before the court. It is quite often too difficult for lawyers and courts to see whether an expression is the ratio of judgement or just a causal opinion by the judge. It is open, no doubt, to other judges to give a decision contrary to such obiter dicta.

President Ram Nath Kovind has given his assent to the ‘ Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill’,  controversial anti-terror legislation passed in March 2015. Background : The Bill, earlier named as  the Gujarat Control of Organised Crime Bill,  failed to get the presidential nod thrice since 2004. Now, Sixteen years after the first version of it was passed by the Gujarat Assembly, the Gujarat GCTOC has finally become law. Controversial provisions in the Bill: The Bill provides for  admissibility of evidence collected through interception of mobile calls of an accused or through confessions made before an investigating officer, in a court of law. Clause 16,  which makes confessions before police officers admissible in court. The bill  empowers police to tap telephonic conversations and submit them in court as evidence. It extends  period of probe from stipulated 90 days to 180 days  before filing of charg...

 RBI panel proposes stricter rules for  core investment companies. The recommendations were made by  the Working Group to Review Regulatory and Supervisory Framework for Core Investment Companies  set up by the central bank on 3 July and headed by  Tapan Ray,  former secretary of the corporate affairs ministry. These include: Core investment companies (CICs) will have to form board level committees, appoint independent directors and conduct internal audits. Prepare consolidated financial statement and ring-fence the boards of CICs by excluding employees or executive directors of group companies from its board. Step-down CICs may not be permitted to invest in any other CIC, but can invest freely in other group companies. The capital contribution by a CIC in a step-down CIC, can be over and above 10% of its owned funds. It should be deducted from its adjusted networth, as applicable to other NBFCs. The number of layers of CICs in a group should...

First ever ‘BIMSTEC Ports’ Conclave  will be  held at Visakhapatnam in Andhra Pradesh. Significance : The Conclave will explore the possibility of increasing economic cooperation by furthering EXIM trade and coastal shipping. It will also discuss various investment opportunities, best practices adopted for productivity and safety at Ports. What is BIMSTEC? In an effort to integrate the region, the grouping was  formed in 1997,  originally with Bangladesh, India, Sri Lanka and Thailand, and later included Myanmar, Nepal and Bhutan. BIMSTEC, which  now includes five countries from South Asia and two from ASEAN, is a bridge between South Asia and Southeast Asia. It includes all the major countries of South Asia, except Maldives, Afghanistan and Pakistan. Why the region matters? The Bay of Bengal is the largest bay in the world. Over one-fifth (22%) of the world’s population live in the seven countries around it, and they have a c...

President Ram Nath Kovind has rejected a petition demanding disqualification of 11 Delhi MLAs belonging to Aam Aadmi Party for allegedly holding  office of profit.  The decision of the President rejecting the plea is based on an opinion rendered by the Election Commission. What’s the issue? In March 2017, a petition was filed before the President seeking disqualification of the lawmakers claiming that they were enjoying office of profit by being co-chairpersons of district disaster management authorities in 11 districts of Delhi. The issue was referred to Election Commission which gave an opinion in August this year that holding the office of co-chairperson of a district disaster management authority does not attract disqualification as MLA since there is no remuneration by way of salary and allowances. As per law, the President accepts the opinion of the Election Commission in cases of office of profit. What is an ‘office of profit’? If an MLA or an MP ho...

 No matter how much talented you are, how much hard working you are, how much smart you are – if there is no consistency in your preparation for this exam (UPSC civil services), you will either fail or unnecessarily prolong this journey making it stressful, burdensome and frustrating.  Being consistent i.e. being regular and steadfast in what you are doing – either making notes from newspapers or from books, writing answers daily, writing essays weekly, solving test papers from test series once in a week or ten days – is the ONLY solution to all your problems. Your problems range from self-doubt to under-confidence to lack of motivation throughout this journey. Once you start procrastinating and being irregular in your studies, undone tasks pile up – creating huge mental burden. This undermines confidence as you can not focus either on future task or on the older one. Eventually you will start a new plan or strategy to suit your present predicament. This cycle continue...

Sunday ushered in the dreaded Standard Time. That means shorter days, longer nights and, for some, the start of seasonal depression. Twitter was quick to mourn the onset of the wintertime mood disorder the moment daylight saving time ended. “Anyone who says ‘but you get an extra hour of sleep!’ should never be allowed to negotiate anything,”  posted writer Yashar Ali . “You just accepted an extra hour of sleep for one night in exchange for over 100 days [of] seasonal depression.” “The sun is starting to set at 4 and my seasonal depression begins rising by 5,”  wrote @mariahlleonard . “Hello darkness my old friend why are you here itsWorried you have the winter blues? Twitter might have you more alarmed than you should be. Only about 5 percent of Americans are believed to be affected by it, Dr. James W. Murrough, the director of the Depression and Anxiety Center for Discovery and Treatment at Mount Sinai, tells The Post. “Seasonality in mood,” however, “is quite co...