Section 148-A of the Civil Procedure Code,1908 provides for lodging of a Caveat.
A caveat is a caution or warning given by a party to the court not to take any action or grant any relief to the applicant without notice or intimation being given to the party lodging the caveat and interested in appearing and objecting to such relief.
The person filing the caveat is known as “CAVEATOR“.
OBJECT OF CAVEAT
To safeguard the interest of a person against an order that may be passed on an application filed by a party in a suit or proceeding instituted or about to be instituted.
It seeks to avoid multiplicity of proceedings.
WHO MAY LODGE CAVEAT ?
A Caveat may be filed by any person who is going to be affected by an interim order likely to be passed on an application which is expected to be made in a suit or proceeding instituted or about to be instituted in a court.
A person who is stranger to the proceeding cannot lodge a caveat.
FORM
No form of caveat has been prescribed under the Code. A caveat may, therefore, be filed in the form of a petition.
TIME-LIMIT
A Caveat lodged will remain in force for ninety days from the date of its filing.
After the prescribed period of ninety days is over, caveat may be renewed.
Section- 41Dof the Criminal Procedure Code:- Allows prisoners to be able to consult with their lawyers even during their interrogation.
Section 50 (1) of the Criminal Procedure Code:- Right to know the grounds of arrest.
Section 50 (2) of the Criminal Procedure Code:- Information regarding the right to be released on bail.
Section 50 A of the Criminal Procedure Code:- makes it compulsory for the person/ police official arresting a person to inform of the arrest to any of his relatives or even friends who may have interest in the same
Section 56 of the Criminal Procedure Code:- Person arrested to be taken before a Magistrate or officer in charge of the police station
Section 54 of the Criminal Procedure Code:- Right to be examined by a medical practitioner.
Sheela Barse vs. State of Maharashtra,1983(SC)
The arrested accused person must be informed by the Magistrate about his right to be medically examined.
Section 75 of the Criminal Procedure Code:- States that the police official executing the warrant must notify the substance of the arrested person and furnish the warrant of the arrest when required
Section 76 of the Criminal Procedure Code:- Person arrested to be brought before the court without delay.
Section 303 of the Criminal Procedure Code:- Right of the person against whom proceedings are instituted to be defended.
Article 22(1) of the Constitution of India:- Provides that every arrested person has the right to choose and elect his lawyer.
Article- 22(2)of the Indian Constitution:- Stipulates that the police officer making an arrest must produce the arrested person before the Magistrate within 24 hours of the arrest failing to do so would make him liable for wrongful detention.
Article 57 of the Constitution Of India:- Right of not being detained for more than 24 hours without judicial scrutiny.
Article 39 A of the Indian Constitution:- Right of an arrested person to free legal aid and to be informed about it
Khatri vs. State of Bihar
It was held in this case, where the Supreme Court has therefore cast a duty on all Magistrates and Courts to inform the indigent accused about his right to get free legal aid.
Oobleck? Yes you read it right. Thinking you have never come across this term in all your life? Well, Oobleck is nothing but a mixture of cornstarch and water. What does corn starch and water have anything to do with speedbumps? The answer can make you marvel at the human mind with its simple, yet smart thinking capabilities.
Why traditional speedbumps are a problem?
Speed bumps have been a part of the road culture for more than 5 decades now. The were introduced in the 1970s and have managed to exist till now. They are raised ‘bumps’ with 3-4 inches of thickness, used as speed reducing mechanisms for vehicles on road, specially in speed sensitive regions. While they do their purpose, there are some unwanted problems related with the usage of speed breaks, ranging from economical to health concerning issues.
Some of the problems are:
Inconsistent speed and abrupt slowing of vehicle due to speed bump and then picking up the speed leads to higher emission, leading to air pollution.
Often slow down emergency vehicles
May cause spinal damage to some people
Inconsistent speed can lead to rupture of vehicles
Extra cost (manpower and raw materials) involved in maintaining the road signs, painting and marking, indicating that speed bumps are ahead.
Oobleck
As I already mentioned, Oobleck is a corn starch slurry. This mixture is filled in long cylindrical shaped rubber reinforced tubes resembling a speed bump which is secured to the road. When vehicles pass this speed bump with a slow speed, the liquid parts and allows the vehicle to pass thorugh as if there was nothing present. But, when a vehicle with high speed tries to pass through, the liquid hardens, thus limiting the speed of the vehicle. How does that happen?
An oobleck filled bump. The speed bump deforms under the tire when vehicle approaches with a slower speed.
Non-Newtonian fluids and the science behind
Oobleck is a non-Newtonian fluid. A non-Newtonian fluid is one whose viscosity changes under stress. That is, when you apply force to such liquids, it hardens (viscosity increases) and on the release of the force, it gets back to its normal form. But other ‘normal’ Newtonian liquids do not exhibit such characteristics. On application of stress, they do not resist that stress and thus does not cause a strain. Stress is when you hit a metal with hammer and strain is the resulting dent occurred due to the stress.
Non-Newtonian fluids are not rare. We come across them in our daily life without even knowing them. For instance take tomato ketchup. Many times, you may struggle getting the ketchup out from the bottle, and you unconsciously tap the back of the bottle. And you will see that ketchup now falls into your plate. Ketchup is a non-Newtonian fluid whose viscosity decreases when stress is applied. By tapping the back of the bottle, a stress is applied and the ketchup becomes runnier, thus easily pouring out.
Some more examples are:
Viscosity decreases with stress over time – Honey ( on stirring honey, it becomes runny)
Viscosity increases with stress over time – Cream ( on whipping, it gets thicker)
Viscosity decreases with increased stress – Tomato ketchup
Viscosity increases with increased stress – Oobleck
Try it at home!
You can easily try this at home by adding 1/2 cup of water gradually to 1 cup of corn starch. After the powder is fully wet and feel like liquid, its time to get your hands messy. Dip you hands into the mixture and try making a ball. It will start to shape due to the stress you are applying with your hand. But once you stop shaping, like magic, the ball turns into liquid and oozes down. Try it and there is no going back. The inner child in you will want to play with it all day long. Visit here for more details on how to do it at home.
Shaping oobleck into a ball by applying stress.
When we stop shaping it, it turns into liquid.
An environment friendly alternative
As the speed bump works as per the speed of the vehicle, there is no need for vehicles to slow down hence increasing fuel efficiency and decreasing emissions. The cost of installing and maintenance is low compared to traditional speed bumps. It does not do damage to the vehicle as the work of shock absorbers is reduced. Hence it is high time that countries start adopting this technology and try to reduce the damages we do to the environment one speed bump at a time!
Examination of witness means asking the witness questions regarding relevant facts in the case and recording those statements as evidence.
General rule is that the order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to the civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the court.
In both the civil as well as the examination of witness will be in the following manner :
EXAMINATION-IN-CHIEF : the examination of witness by the person who calls him shall be called his examination-in-chief.
CROSS-EXAMINATION : the examination of a witness by the adverse party shall be called his cross-examination.
RE-EXAMINATION : the examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
CROSS-EXAMINATION
Ganesh Yadav vs. State of Assam,1995 Cr. L. J
The testimony of a witness is not legal evidence unless it is subject to the cross-examination and where no opportunity has been given to the appellant’s counsel to test the veracity of the principle prosecution witness, the evidence of such a witness is not legal testimony and cannot be the basis of a judicial pronouncement.
Jwar Singh vs. State of M.P, A.I.R 1981 (SC)
The objects of the cross-examination are to impeach the accuracy, credibility and general value of the evidence given in-chief, to shift the facts already stated by the witness, to detect and expose discrepancies, or to elicit suppressed facts which will support the case of the cross-examining party.
As Indian we’re mostly multi-lingual and almost 85 percent people know Hindi or use it to communicate but with globalization and with the arrival of big MNCs we’ve realized the importance of English. Even though we learn English in school, why aren’t we so confident while speaking? We learn a language and attain fluency in it only when we practice it in our day to day life but learning English is limited to school or coaching classes. Maybe you’re weak point is reading or you face problems with pronunciation or what so ever. I believe you could utilize your lockdown into being productive and overcoming your flaws by improving your English Language.
Here are some of the ways that you may try to get a better grasp of English Language:
Reading everyday-
Make it a habit to regularly read aloud a text for at least 15 minutes daily. You could either read a newspaper/ e-newspaper, begin with a simple book or read paragraphs in English online.
Listening to Music-
You could find different kinds of English music according to your genre. Try listening to them while looking at the lyrics. Start with slow English songs for better understanding.
Listen to Podcasts-
Podcasts are a great way to learn a language. You could listen to podcasts where two people are conversing, a monologue by a person or a story narration.
I personally prefer online dictionaries as they also correct us with our pronunciation and for better understanding they use the word in a sentence as an example for better understanding.
In the world of social media we’re used to chatting online but most of the time we don’t talk in English. There are Chatting apps available as a simulator to learn English.
Whenever you get time just start writing on any random topic. It doesn’t matter if there’s grammatical mistake or you’re unable to find exact words for the sentence. Pick up a random topic from google and start writing about it as per your understanding. Later on you can correct your mistakes my pasting the content on grammar checker apps and learn from your mistakes.
Duolingo-
This app is probably the best for learning any language. I highly recommend using it.
If you aren’t willing to pay for learning English, there are lots of options available online. One of them is YouTube where you’d find detailed explanations and better tips for English. Secondly, you can enroll for free online courses as well.
Sale is the transfer of ownership for money consideration. Section 54 of the Transfer Of Property Act defines sales as a transfer of ownership in exchange for a price paid or promised to be paid.
The elements which are necessary to continue a sale as under :
Transfer of ownership
Money consideration
Parties of sale :
SELLER AND BUYER
Essentials for a valid sale are as follows :
the parties i.e. the seller and the purchaser are competent
the subject matter i.e. the property is in existence
the money consideration i.e. the price has been fixed or referred
the conveyance i.e. the transfer has been made as prescribed under the law.
Cancellation of sale deed :
A sale deed can be got cancelled, if the contract is affected by coercion, undue influence, fraud. An agreement to sell immovable property may also be void under section 29 of the Indian Contract Act, 1882.
If non-transferable property is transferred by a sale-deed, it is void and liable to be cancelled.
Seller’s duties and rights :
(BEFORE SALE )
to disclose material defects in the property or title, if any.
to produce the title-deeds for inspection.
to answer relevant questions as to title.
to execute conveyance.
to take care of the property and title-deeds.
to pay the outgoings.
(AFTER SALE)
to give possession to the buyer.
to covenant for title.
to deliver title-deeds on receipt of the price.
Buyer’s rights and duties :
(BEFORE SALE)
to disclose facts which materially increases the value of property.
Many of you would have probably heard about Microsoft surface Duo already and discarded it as just another smartphone in the market which fancy features to attract buyers. You wouldn’t have considered it an innovation but just as another smartphone. But when you view it through the technical lens, you will realize that this is the future. This post does not go deep into the exact specifications of the device, but answers the question of is it worth the hype. To check specifications, visit here.
What is Microsoft Surface Duo?
The Microsoft Surface Duo- Front appearance.
For those of you who haven’t heard of it, surface duo is a foldable smartphone with two screens. The scope of foldable screens is not just limited to the smartphone industry. It can be used in many life changing devices ranging from the medical sector to military use. The possibilities are just endless.
In short, Microsoft Surface duo is a glimpse of the future!
So now back to the present. Let us go deeper into knowing the features, major pros, cons and more of the surface duo.
To start with, let me address the firsts. This is the first:
foldable phone from Microsoft
dual screen pocketable device
360 degree hinge
razor slim
These are the feats achieved by just the release of the phone. I’ll tell you why it is genuinely being applauded, one word: Multitasking.
Multitasking
In this busy generation, world cannot function without multitasking. Many of us would’ve seen dual monitor setups being used to improve multitasking capabilities and to improve productivity. Instead of such bulky setups, Microsoft Surface Duo achieves all of this and still can fit into a pocket. Pretty great right.
You can now be chilling to the lyrics of your favorite song on one screen and going through your calendar for the next week. You can watch you video lectures on one screen and take notes in the other. The combinations are huge!
To support this sort of multitasking, Microsoft provides various modes to view the screens.
Single screen mode – where it can be used like any other normal smartphone
Tent mode – for 2 people watching simultaneously
Span mode and more
A Dual monitor setup
The dual screens allow multitasking. Left screen with spotify, right screen with mail box opened.
Is it worth the hype?
To be honest, the answer is disappointingly no, considering common users. Due to the dual screen, an extra layer of hand gestures are added the name of enhancements which only make it more complex. For one screen you have to remember to double tap to wake the screen, remember gestures for opening certain features, to switch apps between the two screens. All of it makes the user interface difficult.
All basic features that other phones have, like camera, speakers, battery performance are all second generation here. Some drawbacks observed are:
Confusing Software
Basic features- Second generation
No 5G
No headphone jack
No wireless charging
Camera and Speakers- Not so good for a high end phone
Expensive ($1500/INR 1.7Lakhs)
Battery drain due to dual screen
Hence it has many drags and hiccups as it is still in the research and developmental stage.
What to expect in the future?
Even though it suffers from major functionality issues, Microsoft took the big leap. It has set foot in a new field which requires more exploration. But it is sure that in the future all giant brands will release a range of foldable phones. And one more exciting news is that the Surface Duo 2 is said to be released this year. Hopefully the major drags of the previous version are rectified in Duo 2 and meanwhile all we can do is wait for the future of foldable phones unveil before us.
As we all know India is a one of the fastest developing countries in the world. Although
it’s economy is growing poverty is still a major challenge. This is because according to a recent study the richest 10% in India controls the 80%of the Indian economy. The poverty in the county the day to day growing with unemployment and hunger at its fullest. People suffer a lot due to poverty in India and we can say a whole bunch of them also die as a result of the poverty. We hear tragic incidents of people dying of hunger and even children dies due to hunger and poverty. We can say two-thirds of the people in the county live of poverty. Children dies of hunger and they are forced to work even in their childhood for money and are abused killed in the society. They are denied of their education and are stuck with a lot of diseases due to their unhygienic way of living due to the poverty. Malnutrition in children is intense in variety parts of the country and the scenes are utmost tragic.
More than 200 million people does not get enough food to eat and in that 200 millon 61 are children. This itself shows the worrying situation in the county due to poverty.
The covid pandemic has deeply effected the situation as these stats were before the pandemic and as we all know the pandemic has increased poverty and unemployment by a huge number. Many people lost their jobs as the result of the pandemic and they have been falling into the hands of poverty. Families has been suffering and many people tend to end their lives rather than suffering from hunger. People are not given proper education and even the educated are not given jobs and stays jobless which addes to the poverty in India. This is also because of the high population rates in India as there is no place for majority of the people and these all effects their living which leads to the high rates of poverty in the county.
Language is art. The calm you get when gazing at art is unparalleled, they say. Little did they know about the sweet words in a language that could sway the souls of millions. Each language has its own charm, wrapping its arms around people whose only solace is words. Keeping aside all distress, gloom and melancholy, I am going to take you places today.
Is it just me, or does your mind couple certain words with visualized scenarios that transport you magically and everything starts to fall into place and just make sense? If you are like me, then get ready for a hell of a ride! I am going to give you 13 never heard words from different languages, with deep, beautiful meaning behind. Tuck in tight. Check the last word for a twist!
Meaning: showing a band of bright luster caused by reflection from inclusions in the stone.
Sample sentence: She was attired in a silk dress with chatoyant effects in red and green.
13. Maanvizhi (Tamil)
Pronunciation: The ‘zh’ sound cannot be represented in phonetics and is unique to the language itself(Tamizh). It is pronunced by rolling your tongue inwards making sure it doesn’t touch the roof of your mouth. Watch this to learn how to pronounce it.
Meaning: A person(usually female) whose eyes is like a baby deer’s eye
The letter ‘zha’ in tamil
These are a few words that I curated overtime and found them to be so beautifully formed. They resonate a unique feeling when pronouncing them. I have given to you only a very few words from very few languages across the world. There are certainly many words that I’ve missed. Do comment your favorite ones.
Unborn person means a person who has not come into existence.
As a general rule, a property can be transferred between the two living persons that means persons should be in existence at the time of the transfer of the property.
Section 5 of the Transfer of Property Act,1882 defines the Transfer of property as :
“Transfer of Property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 1[or to himself] and one or more other living persons; and “to transfer property” is to perform such act.
But, Section 13 of the TRANSFER OF PROPERTY ACT provides for remedy by which a property can be transferred or an interest can be created in the property in favor of an unborn person. This is not an exception for the general rule, in fact it is an extension of the general rule which widens the scope to make the transfer of the property.
Where on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect unless it extends to the remaining interest of the transferor in the property.
FOLLOWING ARE THE ELEMENTS KEPT TO BE IN MIND WHILE CREATING AN INTEREST IN FAVOR OF AN UNBORN PERSON :
Transfer for the unborn must be preceded by a life interest created in favor of a person in existence at the date of the transfer.
Absolute interest must be transferred that is the whole remainder.
The unborn person must come into existence.
enjoyment of interest may be postponed.
Transfer must not be in perpetuity.
No direct transfer.
EXAMPLE : A transfers property of which is the owner to B, in trust for A and his intended wife successively for their lives and after the death tog the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A’s remaining interest in the property.
A————–W————–S1————–S2
LEGAL CONSEQUENCES
The transfer in favor of unborn person must be preceded by a life interest and that only absolute may be given to the unborn has following legal consequences :
The intermediary person living at the date of the transfer is to be given only life interest. It means giving him only the right to enjoyment and possession. He has to preserve the property like a trustee during his life-time on behalf of the unborn.
The unborn must come into existence before the death of the person holding property for life. If the unborn comes into existence say, after month after the death of the last living person, the property shall revert back to the transferor or his heirs.
POSTPONEMENT OF ENJOYMENT
The enjoyment of the property transferred for an unborn person can be postponed for some future date. Section 14 of the Transfer Of Property act,1882 makes rule against perpetuity which means the postponement cannot be for unlimited period.
INTEREST AT THE TIME OF BIRTH
Section 20 of the Transfer of Property Act, where on a transfer of property, an interest therein is created for the benefit of unborn person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.
CONCLUSION
A property can not be directly transferred to an unborn person but if prior life interest has been created and the absolute interest has been made that is the whole of the remainder to unborn, then a property can be transferred in favor of an unborn person.
VISUALISATION-1 SKILL FOR DREAMS, the vehicle to the future and the most powerful means of achieving personal goals. Visualizing is the act of seeing, feeling , sensing and most importantly experiencing something in your mind exactly as you would in your real life. Visualization is the way you willfully form mental images to affect the reality using the imagination which forms images in your subconscious mind which further uses the images as the patterns to work on.
“WHEN YOU CAN VISUALIZE IT YOU CAN CREATE IT.”
It is the creative visualization which is a spiritual exercise which uses your thoughts and the imagination to change your life in a positive way. It is the natural power of imagination to change your life and basic creative energy of the universe with which one can constantly use to bring their dreams into reality. Imagination beautifully paints a charming view of the future conveniently adapted to the demands of our current emotion.
VISUALISATION-1 SKILL FOR DREAMS : A HIDDEN TOOL
Visualization is the way that triggers the same process in the brain as a real life experience would be by transmitting the same energetic frequency and vibration all around you such that you can create whatever you want to happen in your life , this is the hidden tool to your dreams. It lets one to concentrate on all the positive aspects of your life(do checkout my previous article on YOGA AND MEDITATION: 2 PILLARS OF HEALTHY LIFE). It is a positive outcome which allow you to grow in confidence of all the situations one undergoing with.
VISUALISATION-1 SKILL FOR DREAMS : HOW TO USE IT?
Till now we are very clear that to achieve any thing in life faster we must first dream it of then visualize it. The key to effectively visualize is to create the most detailed, clear and vivid picture to focus on. The design usually starts with a fantasy with the ideas and the greatest value of a picture is when it forces us to notice what we never expected to . The best part is we need not require any special skills as its only demands one to develop the ability to believe in their goals.
Visualization with positive feeling is mandatory(do check out my previous article on OPTIMISM- THE NEED OF THE HOUR)and the harder one works and visualizes something the easier they achieve. Visualize the thing you need, create a mental blue print and begin to build as mind works in images. The more clear and vivid picture you set in your mind, easier it is to tap into your subconscious mind as it lets the mind wander
VISUALISATION-1 SKILL FOR DREAMS: CHANGED THE LIVES OF MANY!
It is well said that the secret of the master mind is found wholly in the use of imagination. History has proven very efficiently that those who have dared to imagine the impossible are the ones who broke all the human limitations. In every field of human endeavor whether it is science, medicine or any other field the people who have imagined the impossible have engraved in our history.
MORTGAGE : According to Section 58 (a) of the Transfer Of The Property Act,1882, a ‘mortgage‘ is the transfer of an interest in specific immovable property for the purpose of securing the following :
the payment of money advanced or to be advanced by way of loan,
an existing of future debt, or
the performance of an engagement which may give rise to a pecuniary liability.
In simple words, mortgage means taking of loan in place of some security (immovable property).
PARTIES OF MORTGAGE : Two parties are involved here which are as follows :
The person who transfers an interest is called the mortgagor.
The person in whose favor the interest in property is being transferred is known as the mortgagee.
INSTRUMENT :
The instrument by which the transfer is effected is known as the mortgage deed.
MORTGAGE-MONEY :
The principal money and interest of which payment is secured for the time being is called the ‘mortgaged-money’.
ELEMENTS OF MORTGAGE :
Transfer of an interest
Specific immovable property
Consideration of mortgage
6 TYPES OF MORTGAGES :
SIMPLE MORTGAGE :
It is a kind of mortgage where the mortgagor binds himself to repay the mortgage-money. No possession of the property is transferred in case of Simple Mortgage. It should be done by registered deed. The mortgagee can exercise his right to make the sale of that specific immovable property by the intervention of the court.
MORTGAGE BY CONDITIONAL SALE :
It is a kind of mortgage where the mortgagor ostensibly sales his property on conditions :
on the repayment of such loan taken, the sale become void and the property will be retransferred by the mortgagee in the favor of the mortgagor,
in case of failure of payment of mortgage-money on certain time, the ostensible sale will become absolute.
In case of mortgage by conditional sale, the mortgagee has the right of foreclosure.
USUFRUCTUARY MORTAGAGE :
Usufructuary Mortgage is such a kind of mortgage where the possession of the property is being transferred in favor of the mortgagee so that the mortgage-debt or interest can be satisfied out of the rents or profits of that property. In such kind of mortgage, the mortgagee can neither have a right of sale nor of foreclosure.
MORTGAGE BY DEPOSIT OF TITLE DEEDS :
It is popularly called an ‘equitable mortgage’. It is a kind of mortgage where there is a delivery to the mortgagee, documents of title to immovable property with intent to create a security thereon. It requires neither a registration nor an attestation.
ENGLISH MORTGAGE :
An English Mortgage is a transaction in which the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee but subject to the condition that he will retransfer it to the mortgagor upon payment of the debt.
ANOMALOUS MORTGAGE :
In such a mortgage, the possession may or may not be delivered. A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title deeds within the meaning of section 58 is called an anomalous mortgage.
RIGHTS OF THE MORTGAGOR AND MORTGAGEE
RIGHTS OF THE MORTGAGOR:
Right to redeem the mortgage.
Right to inspection and production of documents relevant to the mortgage transaction.
Right to redeem the mortgage separately or simultaneously.
Right to appropriate accessions, if any, to the mortgaged property.
Right to appropriate improvements, if any, to the mortgaged property.
Right to renewal of lease where the mortgaged property is leasehold.
Right to effect lease of the mortgaged property.
RIGHTS OF THE MORTGAGEE :
Rights to foreclosure or sale of the mortgaged property in default of non-payment of debt.
Right to sue mortgagor for the recovery of mortgage-money.
Right to exercise power of sale if given under the mortgage-deed.
Right to get a receiver appointed.
Right to accession to mortgaged-property.
Right to have the benefit of renewed lease if mortgaged property is leased out.
Right to spend money in preserving the property, defending mortgagor’s title or in renewal of lease if the property is in possession.
Right to receive proceeds of revenue sale of the mortgaged property.
DUTIES OF THE MORTGAGOR AND MORTGAGEE
DUTIES OF THE MORTGAGOR :
Liability to guarantee his title in the mortgaged property.
Liability to defend his title in the mortgaged property.
Liability to make payments of public.
Liability to pay rents if the mortgaged property is leased hold and mortgagee is a lessee.
Liability to discharge prior encumbrances on the mortgaged property.
DUTIES OF THE MORTGAGEE :
Liability to manage the property with ordinary prudence.
Liability to collect rents and profits with due diligence.
Liability to pay the government dues in case there is no contract to the contrary.
Liability to spend money for necessary repairs in the mortgaged property.
Liability not to commit waste on the mortgaged property.
Live-in-relationship means where the partners live together as husband and wife without marriage. It involves continuous cohabitation between the partners without any responsibilities or obligations towards each other. It resembles like marriage but in actual it is little bit different as marriage is a sacred bond accepted by the society whereas on the other hand live-in-relationship is not accepted by the society at large till now.
Change is the law of nature and where right we should change ourselves a bit over time like we have started changing our perspective on live-in-relation. As we live in a society where our customs, rituals, ceremonies, traditions, etc. matter a lot so it will take some time to accept this emerging concept at large.
LAW IN INDIA ON LIVE-IN-RELATIONSHIPS
Marriages are governed by the personal laws of the parties to which they belong but there is no uniform code for Live-In-Relationship. There is neither any law relating to Live-in-relationship nor any enactment which can determine the rights and obligations of the parties living as partners. It is nowhere defined in the law but if two major consenting adults are living together without marriage for a long span of time it is not illegal or unlawful. However, court has interpreted this concept in various judgements. By interpreting it, court ascertained certain rights and is amending the existing legislations so that misuse of such relations can be prevented.
VARIOUS LEGISLATIONS
DOMESTIC VIOLENCE ACT,2005 : The provisions of the act are now extended to those who are in live-in-relationships as well. The amendments intend to protect the victims of domestic abuse in live-in-relation. Legislature has given the rights and protection to the females not legally married but living with a male individual in a relationship having resemblance of marriage. A woman who is in live-in-relationship can now seek the legal remedy against her partner in case of abuse or harassment.
Section 2 (f) of the Domestic Violence Act, 2005 defines :
Domestic Relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
Section 2 (g) of the Domestic Violence Act, 2005 provides :
A relationship between the two individuals who live together or have lived together in the past is considered as a domestic relationship.
EVIDENCE ACT,1872 : It raises the presumption of the existence of the fact.
Section 114 of the Evidence act,1872 says :
The court may presume the existence of any fact which it thinks likely to have happened, regard being given to the common course of natural events, human conduct and public and private business, in a relation as to the facts of the particular case. Therefore, where a man and a lady live respectively for a long time as a couple then there would be an assumption of marriage between the two.
CRIMINAL PROCEDURE CODE,1973 :
The Supreme Court of India has confirmed the proposition in Velusamy vs. Patchaiammal case that a woman who was in a live-in-relationship with man not legally wedded is not entitled to claim maintenance under Section 125 of Criminal Procedure Code. However, if such a woman proves that she was in domestic relationship with the man in the nature of marriage would be entitled to claim maintenance under Section 20 (3) of Protection of Domestic Violence Act, 2005.
CHILDREN BORN OUT OF LIVE-IN-RELATIONSHIP :
In January 2008, the Supreme Court held that children born out of live-in-relationships will not be considered as illegitimate.
In Vidyadhari v Sukhrana Bai, the Supreme Court passed a landmark judgement wherein the Court granted inheritance to the children born from the live in relationship in question and ascribed them the status of “legal heirs”.
Maintenance can also be claimed by a child born out of such live-in-relationship under section 125 of the Criminal Procedure Code,1973.
SUPREME COURT OBSERVATIONS AND JUDGEMENTS :
In the landmark case of S.Khushboo vs. Kanniammal (2010), the Supreme Court held that a live-in-relationship comes within the ambit of right to life under Article 21 of the Constitution of India. The court further held that live-in-relationships are permissible and the act of two major living together cannot be considered as illegal or unlawful.
In Lata Singh vs. State Of U.P & Anr., AIR 2006, the Supreme Court of India observed that live-in-relationship between two consenting adults of heterogenic sex does not amount to any offence (exception adultery which is decriminalized now) , even though it may be perceived as immoral.
In Indra Sarma vs. V.K.V.Sarma (2013), the Supreme Court observed that live-in-relationship like relations are neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.
In its recent judgement in the case of Pardeep Singh and Anr. vs. State Of Haryana
the Punjab & Haryana High Court : Live-In-Relationships not prohibited; such persons are entitled to equal protection of laws.
CONCLUSION
Live-in-relationships are not illegal or unlawful, if the two consenting adults are living together for a long period of time and that too without marriage.
The world is moving at a fast pace. And adults try their best to match the pace, but often they cannot because such is the development consuming the world. While 25 year olds are still trying to earn a place in this highly competitive salary race, what about 5 year olds? You would have seen many advertisements endorsed by popular celebrities saying that kids should start coding right from age 5. The tender age where they should be chasing a butterfly, they are to sit before computers. And not just learn coding, but also aim to be the stalwart that companies should be hounding after.
The biggest scam
Coding is an integral part of the digital world and of course, everything is done with the help of it. But that alone is not enough to incentivize parents into signing up their 5 and 6 year olds to coding classes. These ‘education’ platforms supposedly charge a hefty amount from parents just by some flashy marketing and advertising. You would’ve come across ads where a company allegedly claims that a 2nd grader bagged a 1.2-150 crore job from Google. It is definitely hard to believe(it has been proved that the claims are bogus) and at the same time, saddening that kids are now forced to enter the salary race.
Why coding isn’t the only thing in picture
The deeper unsettling fact is that parents are put up in such a situation where they feel bad for not signing up their kids. Think about what any parent would do if they hear that any child has the capability to design an app and can bag a place in top firms. They will readily sign up their kids, thinking they are going to secure their child’s life. But, what they don’t know is that, there is time. 1st grade or even 8th grade is not the age for children to learn the fundamentals of a for loop construct. It is the age where they are to learn the world, the surroundings, and their presence.
It is when languages should be given importance to. No, not programming languages, but the languages which lets them express their opinion to the world and which lets them explore the richness of their culture. It is when social and democratic sciences should be learnt, letting them know about their ancestral world.
It is also when values and ethics should be imparted into them, not by texts, but by making them experience it in a situation where it is put into test. While there is so much to learn about, forcing them to create a video game application not only burdens them with unnecessary information, but it also limits their creativity by directing it into one field only.
A note to parents
One thing parents must hardwire into their mind is that, coding alone cannot land you a job in Google or Microsoft. It is just another tool to put an idea into implementation. By introducing kids to coding at an early age, the ‘idea’ part gets subdued. There is no particular age to start coding. It is a gradual process.
We may not be aware, but every individual is already coding, no matter their knowledge in computer science. The literal meaning of coding is: to use a particular system for identifying things. As kids, as adults we already incorporate it in daily life when a kid arranges his play blocks in a certain manner or when adults have a particular system of doing their chores.
Let children explore their creativity. Source: Deposit Photos
Hence everyone can code if they have the interest to do so. The reason kids shouldn’t be obliged to learn coding at an early age is to allow them to have the time to identify their interests. So as parents, the least you can do is by providing them that right. The right to choose things that delight them. The right to choose it for themselves instead of pushing it down their throats at an age where they don’t even recognize it. Do not let falsified ads ruin childhood. Let them decide for themselves who they want to be. Until then, enjoy their transition. Because they are going to be kids only once.
You have a lifetime to work. But children are only young once.
World anti tobacco day is observed around the world every year on 31 May. This day informs the people about the dangers of using tobacco and the dangerous businesses practices of tobacco . The world health organisation is conducting this day to fight against the use of tobacco and what people around the world can do to claim their to good health and live a healthy life and protect future generations.
The use of tobacco leads to many severe diseases which leads to even death related diseases. The day has been met with so much enthusiasm from governments around the world to prevent the use of tobacco.It results in lungs failure and causes many diseases. The extensive use of tobacco leads to deaths and the governments all over the world were forced to make an alternative measure. A worldwide no tobacco campaign has arised by the people and it has been getting a positive responses from the young generation.
World tobacco day how it started
In 1987 the member states of the world health organization started the world no tobacco day with the aim of drawing attention to the tobacco epidemic and the preventable death and the diseases it causes .After the resolution has passed it was a major opportunity for the people to go out and deliver the message of harmful uses of tobacco to the world.
This is year the theme of no tobacco day is ‘Quit tobacco and be a winner.’ Around the world there is several campaigns on social media to quit tobacco with several hashtags and spread the message of severe effects of tobacco. The use of tobacco in these difficult times with the spread of the corona virus is much more harmful than the normal and the studies have shown that people with smoking and consumption of tobacco have a greater chance to get the virus.
So let’s take a pledge in this day to prevent the use of tobacco and the spread the message to all the people around the globe .
Eduindex 
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