Posts

Law regarding Transfer of Property in India

Transfer of Property Act, 1882 ("TPA") governs the transfer of movable or immovable property between two living parties in India. This act runs side by side with the Indian succession laws but both these laws are a bit different. The main difference is that for a property to be transferred under TPA, both the parties have to be alive whereas, for a property to be transferred under Succession Act, one of the parties has to be deceased. Transfer of property is defined under Section 5 which means an act of conveyance of a property from one living person to another living person in the present or in the future. As per Section 6, any type of property can be transferred except for the following: 1. Succession of an heir-apparent to an estate, a relative obtaining legacy after the death of a kinsman or any other likely possibility which cannot be transferred; 2. A mere right of re-entry for breach of a condition cannot be transferred to anyone except the affected owner of the proper...

Latest Amendments in Companies Act 2013 as per Union Budget 2021

Finance Minister Mrs. Nirmala Sitharaman recently presented the Union Budget on 1st February 2021. This Budget talks about various amendments in the Companies Act 2013 regarding: SMALL COMPANY The definition of Small Company has been revised vide Notification No. CG-DL-E-01022021-224862 dated February 1, 2021. Regarding Article 469(1) and Article 469(2), Companies (Specification of Definitions Details) Rules, 2014 was revised namely  Companies (Specification of Definitions Details) Amendment Rules, 2021. These amendment regulations revise those in Section 2 clause 85 sub-clauses (i) and (ii), the definition of small companies mentioned, which states that the paid-up capital must not exceed Rs. 2,00,00,000/- (Rupees Two Crores only) and the turnover should not exceed Rs. 20,00,00,000/- (Rupees Twenty Crores only). Tod develop the definition of a small company, it now says:  1. a company whose paid-up capital does not exceed Rs. 2,00,00,000/- (Rupees Two Crores only) or an amoun...

Laws related to Acid Attacks in India

Acid attack is a form of violence when acid is thrown on a person intentionally to cause him/her grievous and bodily harm and/or even death. The main intention of the perpetrator is to disfigure, maim or torture the victim. Women are the main victims of acid attack. Acid attacks are caused by mainly jilted or one sided lovers or due to refusal of a marriage proposal. The effects of acid attacks are mostly permanent body disfigurement, blindness etc. which also ostracizes the female victims from the society. They blame the women for their disfigurement which puts a stop on their professional careers as well. In some cases, families of the victims abandon them for fear of the society which leads to emotional and mental breakdown. Some victims commit suicide due to not being able to live with permanent disfigurement or because of ostracization and discrimination from society.  The physical impacts of acid attacks are the most horrifying ones. Acid if poured on the skin, melts the skin...

Decriminalizing Section 138 of Negotiable Instruments Act, 1881- Good or Bad?

Negotiable Instruments Act 1881 governs the different types of negotiable instruments such as Bills of Exchange, Promissory Notes and Cheques. Negotiable Instrument is defined as a Promissory Notes, Bill of Exchange or Cheque which is payable either to order or to bearer. Section 138 talks about punishment when a cheque is dishonoured due to insufficiency of funds or for any other reason. The defaulter can be imprisoned for two years and/or pay twice the amount in the cheque as fine. It is a non-cognizable offence. On June 8, 2020, the Ministry of Finance proposed that this section be decriminalized to reduce the burden of criminal liability on companies and unclogging court processes as there are lakhs of pending cheque dishonour cases. The main reason to increase banking operations efficiently and to ensure credibility of financial transactions through cheques because the Covid 19 pandemic has slowed down our economy.  Under the current law, the payee can file both a cri...

False Allegations in Rape Cases

Since the #Metoo Movement many women have come forward with their stories of how they have been sexually assaulted by men. This movement has brought upon a positive change among the women as they are no more afraid of reporting these incidents. Many people supported this movement as a new platform was created for women to share their stories and punish their abusers when the police couldn't do anything. Complaints about sexual assault increased significantly with people having a broader perspective of such crimes and making them feel empowered to share their stories.  Though this movement was a big help for women, there were also stories about men who were falsely accused of rape. Many women have used this platform for falsely reporting incidents of rape for their own selfish reasons or because they are manipulated to believe that they have been raped. Before going into further details, it needs to be first understood as to what comes under false allegations regarding rape. False a...

Sexual Assault Laws for Men: A Dire Need in India

Whenever there is a discussion on sexual assault, the only thing which comes to our mind is a woman being sexually assaulted. Sexual assault of men are also never reported because of fear of societal ostracization and backlash. The patriarchal setup in India also affects men in a negative way. Men have been typecasted as not being able to feel pain and if he does then he is not a man. Another reason for such is something called toxic masculinity which is a regressive description of manhood including the myth that strength is everything and emotions are weakness.  Even when we search online for content on sexual assault, we only get the content related to women. People just find it hard to believe even men can be victims of sexual assault and may be this is the reason that there are no available content . There are many studies which indicate that even men can be sexually assaulted and that women can be also be the committer of sexual crimes. The lack of report of such crimes furthe...

Menstrual Leave: Should it be implemented in India?

There are certain issues which are considered a taboo in India, one of which is 'Menstruation' or in a layman's language known as Periods. This topic is never discussed openly as it makes people very uncomfortable and therefore discussed behind closed doors. Recently, Zomato announced its period leave policy wherein female employees can avail 10 days' period leave. This step has triggered widespread debate on whether menstrual leaves should be implemented or not. In 2017, the Menstruation Benefits Bill was proposed so as to provide for female workers of private and public sector menstrual leave for 2 days every month. There are many other medical conditions associated with periods such as fibroids, endometriosis, menorrhagia etc. which should be kept in mind while formulating the Bill.  There is a certain section of women who are not in favour of this Bill because it may further deepen the gender bias in workplace such as low pay, slow promotions and less participation....