Tech Lawyer

 Void Marriage is define under section 11 Hindu Marriage Act 1955. 11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 2 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. Null and void marriage as per clause (1) Bigamy and Clause (iv) Sapind Marriage and clause (v) Prohibition relationship marriage . Section 125 Crpc void marriage wife can not ask for maintenance however voidable marriage can ask for maintenance.  Voidable Marriage is define under section 12 of Hindu marriage Act 1955. 12. Voidable marriages.—(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:— 3 [(a) that the marriage has not been consummated owing to the imporenc...

30 Testamentary succession . —  6  [***] Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so  7  [disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.  Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this  8  [section.]  9  [***] Testamentary disposition of property was never appreciated or allowed by any personal law because every personal law tent to safe guard it's property the only exception ...

A bench of Justice Anish Dayal was hearing a plea seeking quashing of the order passed by the Metropolitan Magistrate, Dwarka Court, New Delhi. In this case, the petitioner, who is a first year law student, had instructions from Ms. Chandni, an advocate, to appear before the court in two cases to take adjournments. When she appeared before the Metropolitan Magistrate and was asked some questions about the matter, she remained silent as she was only directed to take an adjournment and was not aware of the matter. Further, it is alleged by the petitioner that she is a Hindi medium student and has no knowledge of technical legal terminologies and therefore, could not understand what the Metropolitan Magistrate was asking. The Metropolitan Magistrate by order dated 20th August, 2022 took cognizance under Section 177/179 IPC against the petitioner. An FIR was registered against him under section 419/209 of IPC. 177. Furnishing false information. —Whoever, being legally bound to furnish info...

 Homicide is basically means killing of a man by another human being .Unlawful Homicide means king of a man by another human being which is law is not permit and it is punishable. when law permit to killing of a man by another man called justifiable or excusable.  Punishable homicide is called culpable homicide. When does homicide become culpable homicide section 299 is the only section which is deal with intention and knowledge separably. normally we say that act is voluntary section 39; if it's done with intention and knowledge and reason to believe.    first of all we discuss about intention and knowledge. what is intention and what is the meaning of knowledge.  knowledge means Forcibility of consequences of my act  Intention means forcibility of consequences + Desire.  we divided intention into 3 part Black intention means intense desire to kill and cover culpable homicide 1st degree. an act with the intention of causing death Dark Gray Intention m...

Consent related offence Section 87-93 Volunti Non fit injuria means if harm is cause with my consent than i can't complaint about it.   87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm Maxim vloenti non fit injuria means who consent to an act has no right to claim damages for injury cause to him by that act.  88. Act not intended to cause death, done by consent in good faith for person's benefit.— Nothing, which is not intented to ...

 85. Act of a person incapable of judgment by reason of intoxication caused against his will.— Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will. Act of a person incapable of judgement by reason of intoxication cause against his will Maxim Qui Peccat Ebrius Luat Sobrius means he does wrong when drunk must be punished when sober.  intoxication divided into two part 1. voluntary and 2. involuntary  Different between 85 and 86 IPC  In 85 person is intoxicated against his will or knowledge although in section 86 person is intoxicated voluntarily.  in 85 person is completely exonerated from the offence and 86 it is partial exonerated. in 85 involuntarily intoxication consider 2 parameter, intoxi...

Chapter 4 of Indian Penal Code (General Exception/Defence) range Section (76-106) is start with section 6 Definitions in the code to be understood subject to the exceptions.  maxim 'Actus non facit reum nisi mens sit rea' means "an act does not render a man guilty of a crime unless his mind is equal guilty.  Each and every section, provision and illustration of IPC to be read with general exception.  This chapter general expression is frame in order to obviate the necessity of repeating in every peal clause a considerable number of limitation.  it would be obvious inconvenience  to repeat these exception several time in every page. we have therefore place them in seprate chapter. question. Does general Exception apply on all local and special law? In the case of King Emp. V/s Tustipada Mandal 1951 explain the fact In this case Supreme Court held that in para 18 and 19, which is given below:  18.The learned Advooate-General in counter argumenting the conte...