Thursday, March 20, 2014
Ignorance of Law
On a bright sunny day, he wanted to share an “obscene” sms with friends. By mistake it went to one of the High Court judge’s daughter. In India for rape, imprisonment is 7 years, for sending an obscene text, its 5 years as per Section 66A of the IT act. He had no intention …..For few crimes, intention is unnecessary, he wasn’t aware that it’s a crime. “Ignorance of law is not an excuse; ignorance of judge is not a privilege”.
Dear toastmasters and guests, good evening. Womb to tomb, laws canon us. We can’t learn every law. But, let us understand few important laws touching our life like traffic, property, marriage, contract, banking laws etc. While buying property, get the title search done, give Newspaper publication. Get the agreement drafted by lawyer. Avoid copy-paste typists and agents. Don’t evade registration. Unregistered document is peril. Notarization is not registration. The Stamp Act and Registration Act mandate going to the sub-registrar’s office and registering the document.
My friend bought a property from her uncle. To save some money, she avoided legal opinion and registration. Later, she realized that her uncle wasn’t the owner and property is under litigation. Since 5 years she’s running to the court and still unsure about court’s decision. She spent 15 lakhs in the court for 30 lakhs property. There are 48972 cases on Karnataka because of unregistered document.
The Negotiable Instruments Act 1881 states cheque bouncing is an offense punishable with imprisonment. Please re-issue the cheque on such intimation. Issue the notice within 30 days of cheque bouncing and pay the money within 15 days of notice. Kingfisher Airlines is charged for cheque bouncing, since they have issued cheque without bank balance.
Where there is a will, there are 500 relatives. Don't want to give your self-acquired property to your wife and kids? Make a will and register it! In the absence of will, the property devolves as per the Hindu Succession Act 1956, equally among mother, spouse and children. One cannot make will regarding ancestral property, however, one can create a will for his share in the property. As per Marriage Laws (Amendment) Act, 1976, even an illegitimate child and children born out of live in are entitled for father’s property and maintenance. Ladies, whatever money, jewelry given to a bride in marriage by her parents and in-laws are her property, called as Streedhan, as per Hindu Marriage Act. Gold costs, be smart!
A divorced Muslim woman can’t claim maintenance from husband, unless she and her husband made an affidavit as per Section 125 of CRPC 1973. Will any clever man do that? Law says her parents, children or relatives are liable for her maintenance. If everything fails, she gets nominal maintenance from Indian Wakf Board. Non-Muslim girls marrying Muslim men should know their legal rights on conversion and marriage under Muslim law. Muslim men can legally have 4 wives. Hardly 0.2% of Muslims have more than 1 wife. Wife is the knife of my life. Muslim men can divorce by triple pronouncements of Talaq. Women married under Muslim law, have no maintenance rights, unless they marry under the Special Marriage Act.
Take assistance from lawyers, while giving police complaints, since it’s an important piece of evidence. Live example of Tejpal and Talwar case. You client breached your contract and owes money, file case within three years, before it’s barred by limitation Act 1963. Understand arbitration clause in the contract, which restricts one from approaching the court. Arbitration dodges court, but remember - bribing an Arbitrator is way easier than bribing all the judges in different courts.
Pre - marital physical relationship is legal, if the girl is above 16. The Madras High Court says couples who have premarital physical relationship to be considered ‘married’. Good news is, law recognizes live-in, bad news is women in live-in can seek relief under domestic violence law. In India, pissing in public is fine, but kissing attracts fine. IPC Section 294 penalizes public display of affection with 3 months imprisonment. However, regular kiss, goodbye hug is fine.
Courts compete in speed with IRCTC. Case winning does not guarantee relief. Executing the order with police help is vital. Amicable settlement of family matters, out of court compromise is sage. Preserve records, retain accounts; take photographs, videos note down key points, with precise dates and times. Study law regarding your region and religion, specifically marriage and property laws. Erin Brockovich or Harvey Specter is just filmy not real. Remember 99% of the lawyers give the rest a bad name.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment