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The Chinese Way of Punishing The Culprits! | Socyberty

2009-12-13T14:30:00.001-08:00

The Chinese Way of Punishing The Culprits! | Socyberty

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The International Day for Elimination of Violence Against Women! | Socyberty

2009-11-25T18:23:00.001-08:00

The International Day for Elimination of Violence Against Women! | Socyberty

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Bharathi Mp3 Download - Bharathi Tamil Moive Songs, Bharathi Tamil Mp3 Download, Tamil Film Songs Download - Centralmusiq.com

2009-11-22T17:11:00.000-08:00

Bharathi Mp3 Download - Bharathi Tamil Moive Songs, Bharathi Tamil Mp3 Download, Tamil Film Songs Download - Centralmusiq.com

What is Criticism? | Socyberty

2009-11-22T06:53:00.001-08:00

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The Deeds of Disgruntled Men on The World Men’s Day! | Socyberty

2009-11-21T08:09:00.001-08:00

The Deeds of Disgruntled Men on The World Men’s Day! | Socyberty

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Link to Legal Servicesindia.com

2009-11-19T18:38:00.001-08:00

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How to Get Married in The State of Alaska? | Socyberty

2009-11-17T15:43:00.001-08:00

How to Get Married in The State of Alaska? | Socyberty

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How to Get Divorce in The State of Alaska? | Socyberty

2009-11-17T07:56:00.001-08:00

How to Get Divorce in The State of Alaska? | Socyberty

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The Problem of Using a Mobile Phone, When You are on The Move and Driving a Vehicle! | Quazen

2009-11-10T20:28:00.001-08:00

The Problem of Using a Mobile Phone, When You are on The Move and Driving a Vehicle! | Quazen

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Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

2009-11-10T08:10:00.005-08:00

Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

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Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

2009-11-10T08:10:00.003-08:00

Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

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Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

2009-11-10T08:10:00.001-08:00

Is Consulting a Lawyer in The on Line Safe and Worthy? | Socyberty

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Manifestations of Gift and Its Legal Implications! | Quazen

2009-11-08T04:43:00.001-08:00

Manifestations of Gift and Its Legal Implications! | Quazen

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Salman Rushdie in The Lime Light Once Again | Bookstove

2009-10-02T06:42:00.001-07:00

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Telling Lies? Yes Papa! | Authspot

2009-10-01T10:03:00.001-07:00

Telling Lies? Yes Papa! | Authspot

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The Ruminations of a Cow | Authspot

2009-09-28T06:19:00.001-07:00

The Ruminations of a Cow | Authspot

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World Heart Day: Working Towards Your Wellness! | HealthMad

2009-09-27T11:51:00.001-07:00

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Half Way Down The Champions Trophy Cricket, 2009 | Sportales

2009-09-26T19:40:00.001-07:00

Half Way Down The Champions Trophy Cricket, 2009 | Sportales

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Breaking Into International Magazines is Not That Much Easy! | Writinghood

2009-09-25T07:48:00.001-07:00

Breaking Into International Magazines is Not That Much Easy! | Writinghood

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Traversing History Through Travel: A Visit to The Gingee Fort | Trifter

2009-09-24T06:34:00.001-07:00

Traversing History Through Travel: A Visit to The Gingee Fort | Trifter

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Thandora: A Magazine for Slum Dwellers | Socyberty

2009-09-16T06:03:00.001-07:00

Thandora: A Magazine for Slum Dwellers | Socyberty

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2009-08-27T07:08:00.001-07:00

The Relevance of Oscar WildeÃ¢ÂÂs "Model MillionaireÃ¢ÂÂ Today

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East or West, Straight Orientation is The Best! | Socyberty

2009-08-23T23:42:00.001-07:00

East or West, Straight Orientation is The Best! | Socyberty

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Satanic Verses vs.. Jinnah: India - Partition - Independence! | Socyberty

2009-08-21T07:22:00.001-07:00

Satanic Verses vs.. Jinnah: India - Partition - Independence! | Socyberty

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She! | Authspot

2009-08-20T08:08:00.001-07:00

She! | Authspot

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Beware of on Line Thefts! | Webupon

2009-08-18T09:08:00.003-07:00

Beware of on Line Thefts! | Webupon

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Beware of on Line Thefts! | Webupon

2009-08-18T09:08:00.001-07:00

Beware of on Line Thefts! | Webupon

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2009-07-03T11:39:00.000-07:00

Nuances of Short Story Writing: Part 1 | Writinghood

2009-05-14T21:52:00.001-07:00

Nuances of Short Story Writing: Part 1 | Writinghood

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Can we justify abortion ?

2009-03-10T17:28:00.000-07:00

Getting conceived by having sexual union with your spouse is your personal as well as your private affair; of course, it is your right also. Hence, it is up to you to decide whether you have to carry or not to carry and give birth to a baby or not. Hence, it is none of our business to advice you to have an abortion.

The moment you come to know that you are conceived and about to deliver a baby, you get elated; you prepare yourself for the motherhood and welcome the yet to be born baby. However, still some circumstances may arise forcing you to undergo adoption and get your baby killed at the fetus stage. In other words, in the abortion process, your pregnancy is terminated at the early stages of the fetus.

Hence abortion is a hard pill to swallow and it should be resorted to only under the fit, gravest and extreme circumstances that justify it. However, sometimes you are forced to undergo abortion due to some personal as well as external factors that you have not foreseen and beyond your control.

Personal Factors:

When you are in the family way, you may be physically suffering from a general weakness and not in a position to carry a baby. In that event, at the advice of a doctor, you may have to undergo abortion to terminate your pregnancy. Sometimes, your uterus may be so weak that it cannot withstand the physical growth of your fetus into a baby in a long period. If you do not undergo abortion, as your fetus grows into a baby, there is every chance of getting your uterus fractured or torn away, endangering your life as well as your baby. Sometimes, your constitution is unfit to bear a baby. For example, you have a hip of an abnormal size and so you have no scope for a natural delivery. But in such cases, there is scope for delivering a baby through cesarean surgery. Even then if the doctor feels that you are unfit for the cesarean surgery also, it is always safer to undergo abortion, instead of taking a risk.

When you have delivered a baby only recently, say three or four months ago, sometimes you become pregnant causing much inconvenience to your body so as to undergo the ordeals of yet another pregnancy like nausea etc. Under the influence of this pregnancy, you may not be able to look after your three months old baby, which you had recently delivered; in particular, when you have no substitute to look after your baby and your physical condition may not permit you to look after it properly, it is better to have abortion. Otherwise, you along with your newly born baby will suffer like anything.

When you are a teen and unmarried, but you become pregnant through your boy friend. Your family members do not approve of this pregnancy, nor you are mentally and physically fit to bear a baby; your boy friend is not willing to marry you and in fact cheated you; when you deliver your child, it will become illegitimate and will be called as a ‘bastard’.You have no other go but to undergo abortion.

While you are pregnant, your fetal growth is very poor and abnormal; your doctor diagnoses that your fetus is having some hereditary decease and if delivered, the baby will be a physically impaired person or mentally retarded, it is better to undergo abortion than to suffer after delivering such a baby. However, you have to resort to abortion only in consultation with your doctor and he gives an affirmative opinion in favor of abortion.

External Factors:

Sometimes external factors may also force you to undergo abortion. You are just married but your husband has lost his job. You are literally on the street. You are not sure of your future. You are finding it difficult to eke out your livelihood. You actually wanted to postpone your pregnancy under your present worst economic crisis. Under such circumstances, you cannot afford to have a baby. It is better to go for abortion under the advice of the doctor. When you decide in favor of abortion, earliest is the best.

You have so far not adopted any small family norms. Your family is unwieldy big, having too many children. Your elder sons and daughters are married; some of your sons and daughters are awaiting marriage. Your other children are grown up. You also have a number of grandchildren. Your children and grandchildren alone are sufficient to run a school. Just imagine, if you become pregnant and deliver a baby, how your grandsons and grand daughters will react to it or even call your newly born baby. Therefore, instead of remaining a machine for delivering babies, it is better to go for abortion and adopt family planning norms.

You already have one or two children; it is time to adopt small family norms as called for by the government in the interest of your family. Therefore, when you become pregnant, it is better to go for abortion at the earliest opportunity under the advice of a doctor and adopt small family norms.

In countries like India, where domestic violence is a problem, women are subjected to violence and harassment on the one pretext or another, even when they are pregnant. They are meted out with cruel treatment, at times, even beaten at their stomachs mercilessly, unmindful of the consequences to the growing fetus in the womb, causing unbearable pain to the mother as well as the growing baby. Instead of writhing with pain causing irreparable damage to you as well as your growing fetus, you should consult a doctor immediately and on his advice, it is always better to undergo abortion.

In countries like China and India, to check the population explosion, incentives are offered to employees, when they adopt small family norms and restrict themselves with one or two children. When they violate the assurance given to their employer and exceed the small family norms, in countries like China, pecuniary incentives are stopped forthwith. Going a step further, the incentives already given are also recovered. To bail out themselves from such financial pressures, the Chinese people frequently resort to abortion; sometimes in unavoidable circumstances, they even go to the extent of killing the newly born babies in a most cruel way. Therefore, under such circumstances, these people instead of going wild, it is better to use contraceptives for avoiding unwanted pregnancies. Despite of using contraceptives, if they become pregnant, it is always better to consult a doctor, before resorting to adoption.

Therefore, in the interest of your well being and to enjoy a carefree life, it is always better to adopt small family norms by using contraceptives. However, in order to avoid unwanted pregnancies, you have to go for abortion, only when it is justified, under the advice and supervision of a doctor.In countries like India, you have laws to regulate and legitimize abortion.

Ezine Widget

2009-03-10T09:58:00.000-07:00

Is adultery a heinous crime ?

2008-12-17T09:00:00.000-08:00

Copy/Paste Code:

While adultery is a punishable crime in countries like India, it is not a crime in some of the western countries like France and Germany. Having sexual intercourse with a person other than your own spouse is called adultery. Therefore, in legal parlance adultery may be defined as an extra-marital relationship.

Though adultery may not seem to be a gravest crime, still it sometimes plays havoc in the life of a person by inducing him or her to commit gravest crimes. When we analyse the actual causes for such crimes, they invariably point an accusing finger towards our culture and tradition. In the Indian society in the case of married couple fidelity of a spouse to his or her spouse is always expected and insisted upon.

But in the case of a person who is living in adultery or committing adultery, he or she is always conscious of the fact that he or she is flouting the culture and tradition and fidelity is becoming a casualty. At the same time he or she is afraid of public reprobation apart from the legitimate and strong objection that he or she may encounter from his or her spouse.

Hence, a spouse in the process of committing adultery, when it is known to his or her spouse, naturally expects a violent and recurrent reaction from his or her spouse. To be on guard against such reaction, the spouse who is living in adultery may launch a violent attack against his or her spouse resulting in a gravest crime, sometimes even a murder.

Recently, a Sessions Court at Villupuram, in Tamil Nadu, wherein a murder case was tried, witnessed such a pathetic case. A woman, who was living in adultery with her paramour, killed her husband by pouring kerosene on him, when her husband came to know about her adultery. Unfortunately, the woman's crime was witnessed by her own 7 years old son and 12 years old daughter. Both of them were put into the witness box and they categorically deposed that their mother was living an immoral life and killed their father.

The woman was convicted with life imprisonment and when the news of her punishment was made known to her, she wailed tremendously and repented for what she had done. She also pleaded not guilty for fear of leaving her children uncared for like orphans, when she becomes a life convict.

Now a real question mark hangs over the future of the two of her young children who are not even teens. Hence, when we view adultery in the background of the above case history, it is a heinous crime since it always encourages the commission of yet another horrible crime.

The Indian Penal Code, 1860

Article Source: http://EzineArticles.com/?expert=Rama_Lingam

How to create a power of attorney ?

2008-12-13T02:05:00.000-08:00

Copy/Paste Code:

Without knowing the nuances of creating or entrusting power and understanding its legal implications, many of us become victims by becoming a party to a Power of Attorney. They are often misguided by the non-professional people called document writers and self-styled village lawyers, who are utterly ignorant of the legal principles involved in a Power of Attorney.

Power of Attorney is a deed or document executed by a person in favor of another person entrusting with him a specific task like conveying an immovable property or properties, completing a project like house building or renovation, conducting a court proceeding and its connected activities and collection of debts etc. The person who executes the deed of Power of Attorney is known as the principal and the person in whose favor the power is executed is known as the Power of Attorney or the Power Agent.

When a person is handicapped by virtue of his age, distance and preoccupations, he or she executes a Power of Attorney in favor of a person, who is his or her close confident. If the power entrusted is for a specific purpose or task, say for building a house or conveying an immovable property, it is known as Specific Power of Attorney or Special Power of Attorney If the power conveys general powers and duties in favor of a person, it is known as the General Power of Attorney. While the Specific Power of Attorney ends as and when the task is completed, the General Power of Attorney comes to an end when the principal is dead or when the principal cancels it by issuing a notice to his agent.

In some special cases, an Irrevocable Power of Attorney is created in favor of an agent and the power given is coupled with an interest. If the principal entrusts a power of collecting a debt from a third party to his agent and also entrusts to him to discharge the debt of yet another party to which he (principal) owes a debt, the power entrusted to the agent is irrevocable until the principal's debt is discharged. It requires no consideration in creating an 'Irrevocable Power of Attorney'.

The cardinal principle of a Power of Attorney is whatever the agent does it is deemed to be the act of the principal as if he or she does it personally. Here lies a source of conflict or dispute, when the Power of Attorney or Power Agent sometimes transgresses his or her limit and also fails to honor the terms of the Power of Attorney.

Though the Power of Attorney does not require registration, when the power agent is entrusted with a power of submitting a document for registration, then the Power of Attorney requires registration. Normally an unregistered deed of power of attorney is executed in a twenty rupees stamp paper.

The Power of Attorney Act, 1872 was enacted in the pre-independent era that consists of only six sections and was not comprehensive enough. The Indian Contract Act, 1872, enumerates the powers, duties and obligations of both the principal and the power agent.

Therefore, before executing a power of attorney, it is always advisable to consult a lawyer than fall a prey to unscrupulous people who have very little knowledge about the salient features of a power of attorney.

Source:

1) The Power of Attorney Act, 1872

2) The Indian Contract Act, 1872

3) The Indian Conveyancer by Mogha

Article Source: http://EzineArticles.com/?expert=Rama_Lingam

Why do I have this blog ?

2008-11-28T20:51:00.000-08:00

Hello, I welcome every one of you to my blog, titled 'Legal Articles.com'
I have created this blog mainly with the idea of creating unique legal articles, so as to share my experience in the legal field as well as to enrich my legal knowledge.
I am interested in writing articles generally and with particular reference to my legal expertise also.

I want to devote this blog exclusively to the legal articles only because if I post unique legal articles along with general articles in my other blogs,'rabasure.blogspot.com' and 'rabasuresblog.blogspot.com', sometimes the unique legal articles may lose their relevance and identity.Sometimes, they also lose their large viewership which they actually deserve.Moreover,as my title itself suggest, eventhough I may be practising law in India, I do not want to confine my attention to Indian laws only.I want this blog to be a site of comparative study of various laws that prevail in both eastern and western countries.

I also have some specific ideas to enrich this blog by focussing my attention by devoting separate space for legal articles which have a relevance to Indian people.I also intend to devote separate space for other legal articles with special reference to western countries.

It is also my idea to have a targetted traffic to my site from those who want to have a solution to their legal problems.

Therefore, I have made my intentions clear and have given only an outline of my future plans of my actions by using this site.

Therefore, I stop here leaving the rest for tomorrow.

A Unique Act called ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”

2008-11-28T20:00:00.000-08:00

A Unique Act called ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”

The Indian legislature has enacted ‘The Criminal Procedure Code, 1973, The Hindu Marriage Act, 1955, The Divorce Act, 1869 and The Hindu Adoptions and Maintenance Act, 1956 etc for providing maintenance to the uncared for spouses, children, sons and daughters and parents as well. While ‘the Hindu Marriage Act and the Hindu Adoptions and Maintenance Act’ are applicable to the people professing Hindu religion only, the Criminal Procedure Code, 1973 and the Divorce Act, 1869 are general in nature and they are applicable to the people professing all religions. It is well known that a muslim lady namely ‘Shah Banu’, hailing from Kerala, fought all the way up to the Supreme Court of India, to claim maintenance from her husband under Section 125 of the Criminal Procedure Code, despite of facing a very stiff resistance from the Islamic outfits.

But none of the above mentioned acts bestow any special attention on the aged people or the senior citizens, who have been hitherto been neglected. But the recently enacted act ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’has sought to redress this grievance with an emphasis and focus on the senior citizens.

It is really disheartening to note that the senior citizens are mostly neglected, become desolate and find it very difficult to eke out their livelihood. Some of them manage to find a place in the ‘Homes for the Aged’, some of them choose to beg and most of them die of starvation and uncared for. ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007’ has made an earnest attempt to render justice to them.

The act is very brief with only 32 sections. It applies exclusively to the senior citizens who are above the age of 60.Some of the salient features of the act are:

1)It provides for summary proceedings within a period of 90 days from the date of filing a petition in a specially constituted Tribunal for this purpose. The Tribunal is manned by an officer not below the rank of a sub- divisional officer.

2)The senior citizen can either apply to a Tribunal where he resides or where his son or daughter or his near relative resides from whom he or she claims maintenance.

3)An uncared for or a childless senior citizen, though he or she possess property but does not derive any income from it, can seek maintenance from his son or daughter or from his relative or relatives, who will inherit his or her property after his or her death.

4)The senior citizen can either apply in person or through a person authorized by him or through a voluntary organization registered under the Societies Registration Act.

5)The Tribunal on receipt of a petition will suo motu take it on file and refer it for a conciliation by a conciliation officer within a period of one month.

6)The Tribunal enjoys the power of a first class magistrate for enforcing and summoning the attendance of persons against whom the petition has been filed.
7) The Tribunal follows the same procedure of a civil court to adduce evidence from the petitioner and the respondent
8) The Tribunal can pass an order granting a maximum sum of Rs 10,000/- as maintenance to the senior citizens.The maximum amount is subject to the regulation of the concerned state government.
9) The person against whom an order for maintenance has been passed has to comply with the order within one month, failing which the Tribunal can imprison him or her up to a period of one month.
10) The maintenance amount shall also carry an interest varying between 5 % and 18 %.
11) The act provides for the District Welfare Officer to act as maintenance officer and even to conduct the proceedings for and on behalf of the senior citizens.
12) The Act provides for the establishment of old age homes for the senior citizens by the concerned state governments.
13) Preferential treatment should be given to the senior citizens in the hospitals like separate queues, treatment, offering medicines and also promotion of research in the geriatric medicine.
14) Civil courts have no jurisdiction to interfere with the proceedings of the Tribunals like grant of stay, ordering transfer etc.
15) Senior citizens cannot be represented by any legal practitioner.
16) State governments are empowered to enact rules for the effective implementation of the Act.
17) If a person who has been looking after a senior citizen forsakes him or her, he or she will be punished by the Tribunal.
18) Appeal can be preferred against the order of a Tribunal and the appeal should be disposed of within one month.
19) A senior citizen can seek maintenance for the purpose of his or her food, shelter, clothes, medical facilities and recreation etc.
20) A senior citizen who has transferred his property either to his son or daughter or near relative, by virtue of a will or gift, can now get it cancelled by applying to the Tribunal, if he or she is neglected by the legatee or the donee.
21) The provisions of the act have overriding effect. If any provision of any other act is inconsistent with the provisions of this act, it will prevail over others..

Though the acts’ genuine concern for the senior citizen cannot be overlooked, the act has the following demerits also.

1) The Tribunal is not manned by a person with a judicial qualification or acumen or experience. It is not known how they will adjudicate into the matter in accordance with the procedure followed by a civil court.
2) Complete exclusion of the professional lawyers from the purview of the Tribunal simply defies logic and reasoning.
3) The Act entrusts the entire responsibility of establishing Tribunals, enacting rules etc to the concerned state.
4) The presiding officer of the Tribunal has no power of discretion in awarding the maintenance amount and the power is vested with the state government.
5) Imposing liability on a person who happens to be a relative of the senior citizen on the ground that he will inherit the property of the senior citizen is illogical and unreasonable because the senior citizen may sell his property to any third party before his death and there is no guarantee that the relative will definitely inherit the property of the senior citizen.

6) The exclusion of the jurisdiction of civil courts is not justified, because Tribunals are not manned by legally qualified or experienced persons.
.
7)It seems that most of the state governments are not serious in implementing the provisions of the act and only a few states like Andhra Pradesh have so far come forward to notify the act in their gazette.

Therefore, in order to implement the act more effectively and render justice speedily, the central government should come forward to remove the above mentioned drawbacks. Otherwise, the real objectives of enacting the above act to rescue the senior citizens may not be fulfilled.

Legalarticles.com

The Chinese Way of Punishing The Culprits! | Socyberty

The International Day for Elimination of Violence Against Women! | Socyberty

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What is Criticism? | Socyberty

The Deeds of Disgruntled Men on The World Men’s Day! | Socyberty

Link to Legal Servicesindia.com

How to Get Married in The State of Alaska? | Socyberty

How to Get Divorce in The State of Alaska? | Socyberty

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Beware of on Line Thefts! | Webupon

Beware of on Line Thefts! | Webupon

Join Bukisa

Nuances of Short Story Writing: Part 1 | Writinghood

Can we justify abortion ?

Ezine Widget

Is adultery a heinous crime ?

How to create a power of attorney ?

Why do I have this blog ?

A Unique Act called ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007”

The Relevance of Oscar WildeÃ¢ÂÂs