Monthly Archives: October 2013

Marriage under Special Marriage Act, 1954

As per Section 1 of the Special Marriage Act, 1954

It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which this Act extends who are 2[in the State of Jammu and Kashmir].

As per Section 4 of the said Act,  Conditions relating to solemnization of special marriages

Notwithstanding anything contained in any other law for the time being in force relating to be solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely :-

 (a) neither party has a spouse living;

  (b) neither party-

   (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

   (ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

  (iii) has been subject to recurrent attacks of insanity or epilepsy;]

  (c) The Male has Completed the Age of Twenty-One years and the Female the Age of Eighteen years;

   (d) the parties are not within the Degrees of Prohibited Relationship :

 Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and]

  (e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.]

As Per Section 5 of the said Act. Notice of Intended Marriage

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

 

Dowry under Dowry Prohibition Act, 1961

Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parents money, goods or estate, honoring the bridegroom’s willingness to accept the bride in marriage. Dowry or Dahej as referred to in India. Dowry related to the Hindu customs of Kanyadan and Stridhan.

There are some non sense explanation given for Dowry Practice such as ill-treatment of bride in future, groom and his family taking the responsibility of bride for the rest of her life, set-up of newly weds, compensation to the groom’s parents for the amount they have spend in educating and upbringing their son, etc.

Dowry describe as a Social Evil. The Prohibit this evil The Dowry Prohibition Act, 1961 was passed. It came into force on July 1, 1961 and extends to the Whole of India except the State of Jammu and Kashmir.

There are several amendments were also made in Indian Penal Code (IPC) Section. 498-A of IPC deals with Punishment for cruelty to the wife by husband for Dowry Deaths.

Section 2 of the Dowry Prohibition Act, 1961, Dowry means any property or valuable security given or agreed to be given either directly or indirectly- (1) by one party to a marriage to the other party to the marriage, or (2) by the parents or either party to a marriage or by any other person, to either party to the marriage or to any other person- at or before or any time after the marriage in connection with the marriage of said parties.

As per conditions some part of society not covered under this term dowry, that is-

a. Dower or Mahr under Muslim Personal Law .

b. Parents of bride given their own consent and love & affection towards their daughter.

Under Section 5 of the said Act, any Agreement for the giving or taking of Dowry has been Declared to be Void.

Section 3 of the said Act, if any person gives or takes or abets the giving or taking of Dowry, he shall be punishable with Imprisonment for a term of not less than Five Years and with Fine of not less than Rs.15,000 or the amount of the value of such Dowry, whichever is more.

Section 4 of the said Act, if any person demands, directly or indirectly from the parents or other relatives or guardian of a bride or bridegroom as the case may be punishable with imprisonment of not less than Six Months but extend Two Years with Fine extend Rs.10,000.

Section 4-A Dowry Advertisement also punishable.

All offences under the Dowry Prohibition Act, 1961 are Declared to be Non-Bailable and Non-Compoundable. Code of Criminal Procedure, 1973 apply to such offences as if they were Congnizable offences. (Section 8)

As per Section 8-B the Appointment of Dowry Prohibition Officers for prevent the such social evil like Dowry.

Supreme Court – Right to Reject

The court’s observation came while passing an order to the Election Commission, asking it to include the “None of the Above (NOTA)” option in voting machines and ballot papers to ensure a vibrant democracy.

The court’s order has been dubbed as historic by activists fighting for cleansing politics while drawing a mixed response from political parties.

A Three-Judge Bench in Supreme Court headed by Chief Justice P Sathasivam, which held that voters have a Right to Reject All Candidates contesting polls in a constituency by pressing a button for Negative Vote, observed that essence of the electoral system should be to Ensure Voter’s Freedom to Exercise Free Choice.

According to Conduct of Elections Rules, 1961, if an elector decide not to record his/her vote, a Remark known as Refused to Vote. but now Supreme Court directs the Election Commission to include None of the Above in ballot papers and Electronic Voting Machine.

As per Section 45 of Companies Act, 1956 – Reduction of Number of Members Below Legal Minimum

Section 45 of The Companies Act, 1956

Members severally liable for debts where business carried on with fewer than Seven Members in case of Public Company, or in the case of a Private Company, Two Members. If at any time the number of members of a company is reduced, in the case of a public company, below seven, or in the case of a private company, below two, and the company carries on business for more than six months while the number is so reduced, every person who is a member of the company during the time that it so carries on business after those six months and is cognizant of the fact that it is carrying on business with fewer than seven members or two members, as the case may be, shall be severally liable for the payment of the whole debts of the company contracted during that time, and may be severally sued therefor. Contracts and deeds, investments, seal, etc. which was contracted. 
 
When the basic conditions of Incorporation are not fulfilled, it is fair that the Entity be Deprived of the basic Benefit of Incorporation, namely Limited Liability.