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UNIFORM CIVIL CODE (UNDER ARTICLE 44)

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WHAT IS THE UNIFORM CIVIL CODE (UCC)? A Uniform Civil Code in a country ensures uniform rules for all people of the country irrespective of their caste, culture, religion, and tribe. It is specified under the Directive principles of the Indian Constitution as “The State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.” In India, Goa is the only state which has the Uniform Civil Code, which is called the “Goa Civil Code” or the “Goa Family Law”. WHY IS THE UNIFORM CIVIL CODE A TOPIC OF DISCUSSION? The debate on the adoption of the Uniform Civil Code throughout the country stems from the days when Dr. B.R Ambedkar was part of the Constituent Assembly. He had argued that Uniform Civil code should be followed by all people of the country but was opposed by the leaders of the major religious communities who were in favor of the personal law. Personal laws are laws pertaining to a particular religious group or community relating to thei
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ACCOUNTABILITY OF DIRECTORS IN A COMPANY

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INTRODUCTION A company is a legal person which has a separate legal entity but since it is not a natural person, it depends on its directors for its day to day operations. The directors of a company play a very important as they are the executive authority of a company. They are responsible for the operation, management and day to day affairs of the company. They also act as a trust as they are entrusted to act in the best interest of the company and to ensure the best interest of all other shareholders of the company. Being of such importance, the Companies Act, 2013 (hereinafter “CA 2013”) provides for certain duties and liabilities of the Director that make them accountable to the Company. MEANING AND LEGAL PROVISIONS The erstwhile Companies Act 1956 did not expressly provide for the duties and liabilities of the Directors through any of its provisions. They used to be deduced from the powers of directors as defined therein [1] . This gave rise to ineffective corporate go
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MALICIOUS PROSECUTION UNDER INDIAN TORT LAW

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DEFINITION OF ‘MALICIOUS PROSECUTION’: It was in the case of  West Bengal State Electricity Board v. Dilip Kumar Ray [1] ,  that the Court defined the term ‘malicious prosecution’ in the following words: “A judicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it, is a malicious prosecution.” KEY ELEMENTS TO PROVE ‘MALICIOUS PROSECUTION’: In order to prove malicious prosecution, the tort law demands that the plaintiff establishes these essential factors: 1.    That he was prosecuted by the defendant; 2.    That there was absence of a just and probable cause; 3.    That the proceedings were terminated in favour of the plaintiff; 4.    That the prosecution was initiated with a malicious intent without any objective of getting law into effect; 5.    That damage was inflicted on the claimant’s reputation or his safety or the security of his property. #1. PROSECUTION BY THE DEFENDANT: The
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BIGAMY UNDER HINDU MARRIAGE ACT, 1955

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The Hindu Marriage Act, 1955, is seen as a landmark social legislation as it has reformed law of marriage. It has curtailed the religious and ceremonial overtones, and instead brought around a more practical as well as contractual aspects. THE HINDU MARRIAGE ACT, 1955, IS APPLICABLE ON: ·       Any person who is a Hindu by religion in any of its form: a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; ·       any person who is a Buddhist, Jaina or Sikh by religion; and ·       any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion. WHAT IS BIGAMY? The dictionary meaning of the term states its meaning as, “the act of entering into a marriage with one person while still legally married to another.” BIGAMY AND HINDU MARRIAGE ACT, 1955: Section 5(i) of the Hindu Marriage Act, 1955, prohibits bigamy and polygamy. A bigamous marriage is declared void by Section 11 and fu
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