Ayana Legal

This issue of 'The Buzz' we present to you an overview of the recent judgement of the Supreme Court giving guidelines for the prevention of child marriages. #AyanaLegal #TheBuzz #newsletter

This newsletter we take you through the role of standards in ensuring consumer rights. #AyanaLegal #Thecapsule #law #legal #news

This issue of 'The Buzz' provides an overview of the forms, definition and identification of hate speech. #AyanaLegal #Thecapsule #law #legal #news #legalnews #lawyers

Section 23 of the DV Act empowers the Magistrate to grant interim orders if the application prima facie discloses that the respondent is committing an act of domestic violence, has committed an act of domestic violence or may commit an act of domestic violence against the aggrieved person. The Hon’ble High Court noted that while Section 125 of the Code of Criminal Procedure which provides for maintenance of the wife requires the establishment of the fact that the wife is unable to maintain herself, no such requirement has been spelt out under the Protection of Women from Domestic Violence Act, 2005. #AyanaLegal #Thecapsule #law #legal

Stating that the best interest of the child should be of paramount consideration, the Hon’ble High Court has held that mere desire of a child at a tender age is not a sole factor to be considered for taking decision in respect of the custody. The Hon'ble High Court stated that the child at the tender age is not fully aware of his welfare. That there is always a tendency to be with parent with whom they are residing. #AyanaLegal #Thecapsule #law #legal #news

As per Section 479 of the Bharatiya Nagrik Suraksha Sanhita undertrials can be released on bail if they have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law. The proviso to Section 479 introduces a new relaxation for first-time offenders. As per the proviso, they shall be released if they have undergone detention for the period extending up to one-third of the maximum period prescribed for that offence. The Supreme Court has held that Section 479 of Bharatiya Nagarik Suraksha Sanhita would apply retrospectively to the undertrials across the country and shall apply to all undertrials in cases registered before July 1, 2024. #AyanaLegal #Thecapsule #law #legal #news #legalnews #lawyers

Section 13 of the Code of Civil Procedure states that a foreign judgment shall be conclusive as to any matter directly adjudicated upon, subject to certain exceptions wherein the foreign judgement has: (a) not been pronounced by a Court of competent jurisdiction; (b) not been given on the merits of the case; (c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable; (d) where the proceedings in which the judgment was obtained are opposed to natural justice; (e) where it has been obtained by fraud; (f) where it sustains a claim founded on a breach of any law in force in India. Referring to Section 13(f) the Supreme Court dismissed a writ of Habeas Corpus seeking repatriation of the minor daughter on the basis of an order from a US Court. #AyanaLegal #Thecapsule #law #legal #news

A chargesheet came to be filed against the office bearers of an apartment association in Bengaluru under Sections 304 (punishment for culpable homicide)and 149 (unlawful assembly) of the Indian Penal Code upon the accident death of an infant by drowning in the apartment swimming pool. Exercising it’s powers under Section 482 of the Code of Criminal Procedure, the Karnataka High Court obliterated the charge under Section 304 and instead charged the accused under Section 304A (causing death by negligence) of the Indian Penal Code, stating that there was no intention to murder made out. The Hon’ble High Court further stated that elected members of the apartment association are tasked with the duty to take care of every grievance of the residents in the apartment complex and also for the purpose of its upkeep. The fact that no life guard or safety measures were in place around the pool to protect residents shows the negligence of the office bearers, hence, subjecting them to undergo trial for the offence under Section 304A of the Indian Penal Code. #AyanaLegal #Thecapsule #law #legal #news