Vishnu Karle

Nature has divided human race between men and women, but their status and role in society are determined by our culture. No culture or society treats it's women as like men. In patriarchal societies women have always experienced injustice, tyranny and inequality. According to the United Nations Declaration on Human Rights, all the persons irrespective of their gender, sex, religion, ethnicity, caste they have been given equal rights and freedom. All humans are born free. No man is superior or inferior towards one another.  In patriarchal societies, women's role is limited to the household work. There are not allowed to study more and go to work. They do not have rights to marry and divorce as per their wish. Their role is just to get married, have children, and take care of the family. Even today some Indian men don't want to marry very educated and working women. Till early 2005 Hindu women had no equal rights in the ancestral property of the parents.  According to the Art

Article 226 of the Constitution is more powerful than article 32.  Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose. The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. This implies that the writ jurisdiction of the high court is wider than that of the SC. This is because the SC can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.

The Eighth Schedule to the Constitution consists of the 22 languages. Initially there were 14 official languages.  1. Assamese - Assam  2. Bengali - West Bengal 3. Gujarati - Gujarat 4. Hindi - North India 5. Kashmiri - Jammu and Kashmir 6. Kannada - Karnataka 7. Malayalam - Kerala 8. Marathi - Maharashtra 9. Odia - Odisha 10. Punjabi - Punjab 11. Sanskrit - Karnataka (Shivamonga District) 12. Tamil - Tamilnadu 13. Urdu - J&K, Telangana, Uttar Pradesh 14. Sindi - Rajasthan, Gujarati, Madhya Pradesh 15. Konkani - Goa 16. Manipuri - Manipur 17. Nepali - Sikkim, Assam, Arunachal Pradesh 18. Bodo - Assam and Meghalaya 19. Dogri - Jammu and Himachal Pradesh 20. Maithili - Bihar and Jharkhand 21. Santhali - West Bengal, Jharkhand and Odisha 22. Telagu - Aandhra Pradesh and Telangana

1. The same laws apply to everyone. 2. Everyone is treated equally under the law. 3. Government power is bound by law. 4. Everyone has rights and responsibilities. 5. Laws are shared openly and enforced fairly. 6. The judiciary is independent and judges are fair and impartial. By - American Bar Association.

The contents of both Wills need to be checked. The subsequent Will made at latter date shall overcome the previous Will and the second Will shall be considered valid, however if the two Wills have different subjects matter namely in each of the Will the property or wealth identified and given to a particular beneficiary and in the second Will different property or wealth identified and given to another beneficiary, then both Will shall be considered valid for the mentioned property or wealth to particular named beneficiary. Article By - Adv. Vijay Narayan Picture courtesy - Livemint.com

https://drive.google.com/file/d/1kpHdaZq_Ffeij9rtgIn9q4HCNF0fmnDk/view?usp=drivesdk

                    Picture courtesy : Indiatvnews.com 1) When a client calls us, he usually says that some complaint or FIR is filed by someone on him or that he has been convicted by some court. 2) The immediate response should be to ask, what are the sections mentioned in FIR, complaint or in conviction judgement. 3) The client may say, after looking in complaint, for example here, that sections are 405, 406,407,415,420,425,506 IPC  4) The moment we hear these sections, we should be able to remember a) How much sentence is prescribed for these sections b) are offences bailable or non-bailable, c) are offences cognizable or non cognizable d) are offences summons triable or warrant triable.  5) If we can recall these four aspects the moment we hear about sections in any criminal, we would be able to win trust of client in first phone call itself. Article By : Haresh Raichura 

Yes, Supreme Court recently declared the law legalising the Live-in relationship. It was never illegal though. Children born out of this live-in relationships will be considered as legal and they will be heir to inherit property from their parents. Regarding the society and all, in my opinion law is greater than it and society has small say in these legal matters. But still this relationship has to prove the following some of these guidelines given by Supreme Court in the case of D.Velusamy vs D.Patchaiammal on October 21, 2010 :  a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. If they fullfil the above requirements, girl even can claim the maintenance under the Protection of Woman from Dom

A Will document remains valid for all time with absolutely no time bar for its provisions to come into effect. However as Tarun Mehta has said - a Will can be challenged within 12 years from the date of the death of the person. However Supreme court ruled in Jamnadas vs Naveen Thakral and Ors (2007) that if there are reasons as to why some parties may not have had knowledge of the will for a long time then the 12 year limit may be waived by the Civil judge as natural justice may be affected otherwise. So today - the validity for challenging a will - is 12 years from the date on which the will was made public or the date from which the knowledge of the will being in existence could be reasonably assumed. Picture courtesy : Lawrato

Legal services offered by lawyers does not fall under the category of the service tax. They are just exempted from the under the service tax. As part of economic reforms in India, the service tax was replaced by the Goods and Services Tax (GST) from July 1, 2017.  All services and products fall under the preview of GST.  Lawyers, doctors are exempted from the service tax.  Business people who's turn over is less than 10 lakhs doesn't need to register for GST and pay it to the government.  Service tax is the tax paid by customers for the use of services and products and ultimately deposited by professionals and businessmen to the government. Service tax is not the income tax. Latest Judgement :  https://www.livelaw.in/amp/news-updates/gst-service-tax-lawyers-exempted-notices-orissa-high-court-172316

A lease agreement or a rental agreement is a vital legal document that should be completed prior to a landlord renting property to a tenant. While both agreements are similar in nature, they are not the same and it is important to understand the differences. A lease agreement is a contract between a landlord and a tenant that covers the renting of property for long periods of time, usually a period of 12 months or more. The lease agreement is very specific in detailing the responsibilities of both parties during the lease and it includes all the necessary information to ensure that both parties are protected.  1. Lease Agreements The length of the lease and the amount of monthly rent are documented and cannot be changed. This ensures that the landlord cannot arbitrarily just raise the rent and the tenant cannot just leave the property whenever they want without repercussion. The lease agreement is effective for the specific time stated in the agreement and is then considered ended. If

Sin is an immoral, bad, unethical and unlawful thing in the eyes of society.  Offence is an unlawful and illegal act or omission which is punishable by the law.  Adultery, prostitution, sex before marriage, eating animals these some of things are considered as sin in the Indian society. But sin is not punishable by the law. The man who commits sin is responsible to the god.  Murder, rape, bigamy, theft, violation of traffic rules these are the some offences. These offences are punishable by law with capital punishment, imprisonment or by fine.  Sin is not a crime. The role of police and judge starts when sin becomes an offence. When it's a sin, it can not be questioned. Police and judge can not take cognizance of sin. A person responsible for sin is answerable before the Supreme Lord of the universe on the day of judgement.

Men in distress due to family problems and threats of false cases can contact either of the NGOs listed here: 1. Men Welfare Trust  http://www.menwelfare.in/ 2. MyNation Hope Foundation https://mynation.net/ 3. Save Indian Family Foundation https://www.saveindianfamily.org/ 4. Vaastav Foundation http://vaastav.org/ Picture courtesy : hli.org

  Do lawyers in India have to pay income tax?  Ans . Yes, lawyers in India do have to pay income tax. Lawyers can be classified into the following categories:  i. Practicing : Individuals who are not attached to a firm and practice independently are taxable under the category of “Income from Profession”. They can use the Presumptive Tax Scheme to complete their responsibility. Under this plan, lawyers with gross receipts of less than Rs 50 lakh in a year can pay taxes on only 50% of the total amount.  ii. Non-practicing advisor : The earnings of such a consultant are also treated as professional income and taxed under the “Profits from Business or Profession” heading. However, they cannot use the Presumptive Tax Scheme.   iii. Employee Of A Law Firm : Let’s say a lawyer is appointed as a full-time employee of a tax law firm in India. Then her income will be considered as salary and taxed under normal income tax laws.