Kapeesh Law Chambers

  Introduction   Marriage in India is governed by various personal laws, with the Hindu Marriage Act, 1955, being one of the primary statutes for Hindus. The legal age for marriage in India is 18 for women and 21 for men. Despite this, child marriages still occur, and individuals who were married as minors have legal remedies available to annul such marriages once they reach adulthood. This article explores the annulment process for individuals who married as minors under the Hindu Marriage Act, 1955, and other legal provisions in the Indian legal system.     Legal Age and Validity of Child Marriage   According to the Hindu Marriage Act, 1955: - The legal marriage age is 18 years for women and 21 years for men (Section 5). - If either party was below the prescribed age at the time of marriage, the marriage can be declared voidable at the option of the minor spouse.   Despite being voidable, a child marriage is not automatically invalid u...

Introduction The Indian Penal Code (IPC) Section 498A was enacted with the noble intention of protecting women from harassment and cruelty within marriage. This law specifically addresses instances where a woman is subjected to cruelty or violence by her husband or his relatives. While its purpose is to safeguard women, Section 498A has also been criticized for being misused, resulting in numerous challenges for husbands who are accused under this law.   For a husband facing charges under Section 498A, the legal, emotional, and social implications can be overwhelming. Below are some of the key challenges they encounter when dealing with such cases:    1. Social Stigma and Reputation Damage The mere accusation of domestic violence or cruelty under Section 498A can tarnish the husband’s reputation, even before any trial or legal proceedings begin. In many cases, society tends to presume guilt when a man is accused of harming his wife, leading to isolation, strai...

   Introdcution The dishonour of a cheque occurs when a bank refuses to honor the cheque presented for payment. This is a serious issue, and it can happen for several reasons such as insufficient funds, mismatched signatures, or account-related discrepancies. Under the Negotiable Instruments Act, 1881, victims of cheque dishonour have certain legal remedies.    1. Legal Framework: Negotiable Instruments Act, 1881 The Negotiable Instruments Act, 1881 is the primary law that governs the dishonour of cheques in India. Section 138 of the Act addresses the criminal liability arising from dishonoured cheques, particularly for cases where cheques are returned due to insufficiency of funds or when the amount exceeds the arrangement made with the bank.    Key Sections of the Act: - Section 138: This section makes the dishonour of a cheque a criminal offense. When a cheque bounces due to insufficient funds, the drawer (the person who issued the cheque) can face crimi...

Introduction   The Indian legal system is one of the oldest and most complex in the world, with roots deeply entrenched in its ancient civilization. Over the centuries, the system has evolved, integrating various legal traditions—from ancient Dharmashastras to colonial English common law. Alongside this evolution, Indology—the academic study of the history, cultures, languages, and literature of India—has played a significant role in shaping and enriching Indian jurisprudence. This article explores how the Indian legal system has developed and how the study of Indology has contributed to modern legal thought and practice in India.   The Foundations of Indian Legal System   The Indian legal system is a blend of several influences, tracing back to the ancient texts of Dharmashastra, the British colonial period, and the subsequent development of constitutional law post-independence. Each phase of legal evolution represents a distinct era, marked by the convergence of indigen...

 Introduction   The implementation of the Insolvency and Bankruptcy Code (IBC) in 2016 revolutionized how corporate insolvency and bankruptcy issues are managed in India. At the heart of the Corporate Insolvency Resolution Process (CIRP) under this framework is the Insolvency Professional (IP). These professionals are key to ensuring that the CIRP is conducted efficiently, lawfully, and with a focus on resolution over liquidation.     Appointment and Responsibilities of Insolvency Professionals   Insolvency professionals are designated as Interim Resolution Professionals (IRP) or Resolution Professionals (RP) according to Sections 16 and 22 of the IBC. Once a corporate debtor is admitted into insolvency under Sections 7, 9, or 10, the appointment of the IRP takes place. As per Section 17, the IRP assumes control over the corporate debtor’s management, including its assets and business activities.   Following the formation of the Committee of...

Introduction Incorporating a company is a critical step for anyone looking to formalize their business operations in India. The process is governed by the Companies Act, 2013, which outlines the necessary procedures, legal requirements, and compliance measures to establish a company as a legal entity. This article explores the various facets of incorporating a company, highlighting the relevant sections of the Companies Act, key Supreme Court rulings, and practical steps for entrepreneurs.    Types of Companies to Incorporate   Before initiating the incorporation process, it is essential to determine the type of company you wish to establish. Different types of companies exist under the Companies Act, 2013, and each type has specific legal implications and compliance requirements. The most common types are:   1. Private Limited Company: Suitable for small and medium-sized businesses, it restricts the transferability of shares and limits the number of shareholders to ...

Introduction In criminal jurisprudence, the framing of charges represents a critical stage of a trial. This process is a formal declaration by the court outlining the specific accusations made against the accused. It ensures that the accused knows the charges they face, which enables them to prepare an appropriate defense. The objective is to maintain fairness and transparency within the legal framework. The recent enactment of the Bhartiya Nagrik Suraksha Sanhita (BNSS) introduces certain new provisions that aim to make the process more efficient and less cumbersome.     What is the Framing of Charges?   Framing of charges occurs after the investigation is complete and the prosecution has submitted its charge sheet to the court. If the court finds prima facie evidence, it frames charges against the accused. This marks the beginning of the formal trial, where the accused can plead guilty or contest the charges.   Under the new framework of the BNSS, pro...

  Introduction   The doctrine of separate legal entity is a cornerstone of corporate law. Established in the landmark case of Salomon v A Salomon & Co Ltd (1897), this principle dictates that a company is distinct from its shareholders and directors. However, there are situations where courts "pierce" or "lift" the corporate veil to hold individuals accountable for the company’s actions. The concept of removing the corporate veil is a legal remedy invoked in circumstances involving fraud, malfeasance, or where justice demands it.   This article delves into the modern evolution of this doctrine, analyzing recent cases and judicial trends that shed light on when and how the corporate veil can be lifted.     The Principle of Corporate Veil   In Salomon v Salomon, the House of Lords reinforced the notion that a company enjoys a distinct legal identity. Mr. Salomon, a boot manufacturer, transferred his business to a newly formed company in wh...

 Introduction The concept of a "substantial question of law" holds significant importance in the appellate jurisdiction of the Supreme Court of India. It acts as a critical threshold for cases to be admitted for appeal, ensuring that only matters of significant legal importance reach the highest court. This doctrine helps maintain judicial efficiency and ensures that the Supreme Court primarily addresses questions of national or constitutional importance.    1. Appellate Jurisdiction of the Supreme Court The appellate jurisdiction of the Supreme Court of India allows it to hear appeals from lower courts, typically high courts. However, appeals are not automatically granted. They must meet specific legal criteria, among which the presence of a "substantial question of law" is crucial. Article 132, 133, and 134 of the Indian Constitution outline the various ways through which appeals can reach the Supreme Court, with the "substantial question of law" being a...

 Introduction In India, receiving a legal notice is a formal means by which an individual or an entity conveys its intention to initiate legal proceedings, providing the recipient with an opportunity to resolve the matter before it escalates to litigation. Ignoring or failing to respond to a legal notice can have serious legal implications. Understanding the potential consequences of non-compliance is essential to avoid unnecessary legal risks. Understanding a Legal Notice   A legal notice is a formal communication sent by one party to another, typically drafted by an advocate, informing the recipient of a violation or grievance that needs to be addressed. It serves as a precursor to litigation, indicating that the sender intends to take legal action if the issues raised in the notice are not resolved. Legal notices are commonly used in cases related to breach of contract, property disputes, family matters, and recovery of dues, among others.   Under Indian law, a...