What is a “domestic relationship”?

What is a “domestic relationship”?
What is a “domestic relationship”?

Domestic relationships are relationships between a woman and a man living in a shared household. Domestic relationships can be through: ”

Marriage – such as wives, daughter-in-laws, sister-in-laws, widows etc. with other members of the family ” Blood relationships – such as mothers-sons, sisters-brothers, daughters-fathers, widows etc. ” Other relations – through adoption, relationships in the nature of marriage (including victims of legally invalid marriages, bigamous marriages etc.)

Civil Law – The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

A shared household is a household where the woman resides with the man in a domestic relationship. It can also mean the household where she has lived in a domestic relationship and from which she has been subsequently thrown out.

It does not matter that the shared household is not owned by either the woman or the man. This law applies even in cases where the house is on lease / license or rent or is part of a joint family property. All that has to be proved is that the woman lives or has lived with the perpetrator of violence in this home in a conjugal relationship; or in a familial relationship as described above.

What is the difference between civil and criminal law?

What is the difference between civil and criminal law?
What is the difference between civil and criminal law?

Civil and criminal laws play a major part in our lives. Civil law deals with relationships between two or more individuals and is addressed in civil court. Here, the person injured (the “plaintiff”) by another person files a lawsuit against that person (the “defendant”).

Normally, if the plaintiff wins, the defendant has to pay compensation to the plaintiff. Criminal law, on the other hand, is concerned with relationships between an individual and the federal, state, or local government. If someone (the “defendant”) breaks a criminal law, the government (the “prosecutor”) files a criminal complaint against the defendant.

If the defendant loses, he may be liable to pay a fine or may be imprisoned or both. But, sometimes a single event may be tried in both courts depending on the circumstances. For example, a defendant may be tried in criminal court for conducting murder, and later the same defendant may be sued in civil court by the victim’s family for causing wrongful death.

The principle of double jeopardy (the constitutional protection against being tried twice for the same crime) is not considered here.

Which law applies in a matrimonial dispute case?

civil_lawMarriage, divorce, custody and maintenance are mainly governed by the religion of the parties to the marriage. If both parties belong to the same religion, one of the following Acts would apply, only if the particular procedure as prescribed in that law is followed to make the marriage solemnised –

  • if they are Christians, The Indian Divorce Act, 1869 and the Indian Christian Marriage Act, 1872;
  • if they are Parsis, the Parsi Marriage and Divorce Act, 1936;
  • if they are Hindus, the Hindu code comprising the Hindu Marriage Act, 1955, the Hindu Adoptions and Maintenance Act, 1956, the Hindu Minority and Guardianship act, 1956, and the Hindu Succession Act, 1956. The term ‘Hindu’ in these Acts applies to Buddhists, Sikhs and Jains, or in other words, all those who are not Muslim, Christian, Parsi or Jew;
  • if they are Muslims, the Muslim Personal law (Shariat) Application Act, 1937, the Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.

What is the law relating to real estate?

What is the law relating to real estate?
What is the law relating to real estate?

Real estate law is a branch of civil law covering rights to possess, use, and enjoy land and the permanent manmade establishment attached to it. This also includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community and that of the relation between landlord and tenant , the transfer of interests in real property, and real property financing, including deeds and mortgages.

Real estate transactions, such as purchases, sales, and leases, are governed by a wide body of national and state law. The requirements established by state law often differ from state to state.

Civil law is a branch of the law. In common law countries such as England, Wales, and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law.

What is required to be done in case any practice of Untouchability is noticed?

What is required to be done in case any practice of Untouchability is noticed?
What is required to be done in case any practice of Untouchability is noticed?

Person affected by the practice of untouchability may approach the Police Station covering the area of such incidence and register First Information Report(FIR) as per provision under Sections 3 to 7 of the Protection of Civil Rights Act, 1955.

A First Information Report (FIR) is a written document prepared by police organizations in Bangladesh, India, and Pakistan when they receive about the commission of a cognizable offence.

 

 

What is Civil Registration System?

Civil Registration System
What is Civil Registration System?
What is Civil Registration System?

The Crude Death Rate (CDR) is defined as Number of deaths per thousand population. Primary source of data for births and deaths is the registration of births and deaths under Civil Registration System (CRS) of the Office of Registrar General, India (ORGI). Since the reporting of deaths under CRS is not Complete, ORGI estates CDR annually through Sample Registration System, a large scale demographic Survey Conducted by them.
The Crude Death Rate (CDR) indicates the number of deaths occurring during the year, per 1,000 population estimated at midyear. Subtracting the Crude Death Rate from the Crude Birth Rate provides the rate of natural increase, which is equal to the rate of population change in the absence of migration. Primary source of data for births and deaths is the registration of births and deaths under Civil Registration System (CRS) of the Office of Registrar General, India (ORGI).
The Crude Birth Rate (CBR) is defined as the number of live births per thousand population. It is usually the dominant factor in determining the rate of population growth. Primary source of data for births and deaths is the registration of births and deaths under Civil Registration System (CRS) of the Office of Registrar General, India (ORGI). Since the reporting of births under CRS is not complete, ORGI estates CBR annually through Sample Registration System, a large scale demographic Survey Conducted by them.

What are the Differences between Movable and Immovable Properties?

Differences between Movable and Immovable Properties

What are the Differences between Movable and Immovable Properties?
What are the Differences between Movable and Immovable Properties?

There are the following differences between movable and immovable properties –

Movable Property

1. The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality.

2. Examples: vehicles, books, utensils, timber, etc.

3. Mango trees, if cut and sold for timber purpose, are deemed as movable property.

4. Contract for cutting the bamboos and collection of beedi leaves for orve sjear comes under movable property.

5. The movable property need not be registered under the Indian Registration Act, 1908. It is purely optional.

6. The movable property is liable to sales tax, and Central sales tax, subject to certain restrictions and conditions under the Andhra Pradesh General Sales Tax Act, 1957 (or the State concerned) and the Central Sales Tax Act, 1956.

7. Mere delivery with intention to transfer the movable property completes the transfer.

8. Movable property does not form an accretion to an ancestral impartibly estate. (Case-law: Thakur Hari Singh vs. Commissioner of Income-tax (AIR 1968 Raj. 5)

Immovable Property

1. The immovable property cannot easily be transported from one place to another. If transported, It will lose its original shape, capacity, quantity or quality.

2. Examples: Land, houses, trees attached to the ground; so long they are so attached.

3. Mango trees, if sold for nourishment and for fruits, they are deemed as immovable property.

4. Gutting the bamboos for a number of years under a contract comes under Immovable property.

5. Whenever the immovable property is transferred, it must compulsorily be registered under the Indian Registration Act, 1908, subject to its value if exceeds Rs. 100.

6. The immovable property is not liable to sales tax. But stamp duty is to be paid under the Indian Stamp Act 1899 and registration fee is to be paid under the Indian Registration Act 1908.

7. Mere delivery does not sufficient for a valid transfer. The property must be registered in the name of the transferee,

8. Immovable property only forms and accretion ‘ to an ancestral impartible estate. (Case-law: Mahendra Singji vs. Iswar Singji 1952 B. 243)

What is movable property?

What is movable property?
What is movable property?

In civil law systems, personal property is often called movable property or movables – any property that can be moved from one location to another.

1. The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality.

2. Examples: vehicles, books, utensils, timber, etc.

3. Mango trees, if cut and sold for timber purpose, are deemed as movable property.

4. Contract for cutting the bamboos and collection of beedi leaves for orve sjear comes under movable property.

5. The movable property need not be registered under the Indian Registration Act, 1908. It is purely optional.

6. The movable property is liable to sales tax, and Central sales tax, subject to certain restrictions and conditions under the Andhra Pradesh General Sales Tax Act, 1957 (or the State concerned) and the Central Sales Tax Act, 1956.

7. Mere delivery with intention to transfer the movable property completes the transfer.

8. Movable property does not form an accretion to an ancestral impartibly estate. (Case-law: Thakur Hari Singh vs. Commissioner of Income-tax (AIR 1968 Raj. 5)

What is immovable property?

What is immovable property?
What is immovable property?

Land and buildings are immovable properties.  But that is not where the question is significant. The question becomes complicated when we extend the meaning of immovable property to include things which are embedded or fastened to earth, commonly known as “fixtures”.

Fixtures may be done to civic structures – for example, doors or windows to buildings; fixtures may also arise in case of variety of plant, machinery, equipment, installations, such as furnaces, boilers, towers, and so on.

To describe it in more detail, immovable property includes land, buildings, hereditary allowances, rights to way, lights, ferries, fisheries or any other benefit which arises out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth.

It does not include standing timber, growing crops, nor grass. It includes the right to collect rent, life interest in the income of the immovable property, a right of way, a fishery, or a lease of land.

What is Civil Procedure Code in case of Suits relating to immovable property?

What is Civil Procedure Code in case of Suits relating to immovable property?
What is Civil Procedure Code in case of Suits relating to immovable property?

Section 16 of the Civil Procedure Code is as follows:
“Suits to be instituted where subject matter situate:­ Subject to the pecuniary and other limitations prescribed by any law, suits-

  • For the recovery of immovable property with or without rent or profits.
  • For the partition of immovable property.
  • For the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property.
  • For the determination of any other right to or interest in immovable property.
  • For compensation for wrong to immovable property.
  • For the recovery of immovable property actually under distraint or attachment,

    shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
    Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.”