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Islamic personal law in India is governed by the Sharia. One aspect of Islamic law concerns transactions made during death bed or Marz-ul-Maut. Islam recognizes that a man on his death bed can execute a division of 1/3rd of his property. A man can also divorce his wife as per Islamic law, but he cannot marry during Marz-ul-Maut, till he recovers.
Published by Madan G Singh 70 months ago in Statutory Law | +6 votes | 2 comments
Under Indian Army act 1950 death is one of the punishments that can be awarded by a Court Martial or a Summary General Court Martial. These military courts can award death under two sections namely section 69 which deals with offences under the Indian penal Code and carry a death sentence and Section 34 which deals with offences in relation to the enemy. These sentences are subject to confirmation by appropriate authority.
Published by Madan G Singh 70 months ago in Statutory Law | +6 votes | 2 comments
A Court Martial will be convened by the competent authority after a summary of evidence is recorded. A summary of evidence is a written record of evidence against the accused and allows the accused to question witnesses. The questions and answers will be recoded by the summary of evidence. This will be forwarded to Command/ Army HQs which on the advice of the Judge advocate general will order convening of a Court Martial.
Published by Madan G Singh 70 months ago in Statutory Law | +0 votes | 0 comments
The Portuguese ruled Goa for 400 years and have left behind a universal civil code applicable to all residents of Goa. Personal law of Hindus and Muslims is not recognized. After 1961 all Portuguese era laws were repealed by an Act of the Indian Parliament, except the civil code of 1867. This is valid even today and is a beacon to the rest of India.
Published by Madan G Singh 70 months ago in Statutory Law | +4 votes | 0 comments
In India Muslim are allowed to follow their own personal civil law. This is a legacy of the British Raj which allowed all religions to have their own personal civil laws. The governing tenet of Muslim personal civil law is the Shariat. One of the provisions relates to Marz-ul-Maut (death bed Gifts). This can only be executed in case there is genuine apprehension that the testator will die.
Published by Madan G Singh 70 months ago in Statutory Law | +3 votes | 3 comments
Both American military law and Indian military law have been derived from the Articles of War as enunciated by the British. The US Military discipline has 3 types of Courts Martial, while the Indian Military has 4 types of Court Martial. The difference lies in the Summary Court Martial which under Indian law is different from US Law.
Published by Madan G Singh 70 months ago in Statutory Law | +0 votes | 0 comments
The US has a history of over 200 years in evolving its code of military justice. The first step was the Articles of War 1775, which were with minor modifications a copy of the British Articles of War 1774. The Articles of war were again revised in 1806. Modifications were made during World War I, but after World war II the Articles of War were declared obsolete and the Uniform military code came into force
Published by Madan G Singh 70 months ago in Statutory Law | +0 votes | 0 comments
The Indian armed forces employ a large number of civilians. These are not subject to the Army or Air Force act, but are controlled by the Civil Classification, control and Appeals rules 1965. However these employees are subject to the Army act in case a state of emergency is declared by the Central Government or a frontier post is specified as on active duty.
Published by Madan G Singh 70 months ago in Statutory Law | +0 votes | 0 comments
Indian military law traces its origin to the days of rule by the East Indian Company. The acts passed during that period are the fore runner of the modern Indian military law. The Company passed the Articles of War which led to the Indian army act 1911. The Indian army act 1950 is a reprint of the act of 1911 with minor modifications.
Published by Madan G Singh 70 months ago in Statutory Law | +0 votes | 0 comments
The Air Force act 1950 and the corresponding Navy and Army acts specify a procedure for Redress of Grievance (ROG) of an officer or an airman who deems that he has been denied a service privilege or right under the act. The ROG is to be submitted to his Commanding Officer and disposed of within 45 days as per the act.
Published by Madan G Singh 70 months ago in Statutory Law | +1 votes | 1 comments
How can we determine if an enacted legislative measure is effective or not? How can we say if the local legislators address the needs and aspirations of the its local people through the implemented ordinances? This article provides some information on the scheme on how to assess and monitor the enacted ordinances and resolutions.
Published by J. Dollente 70 months ago in Statutory Law | +3 votes | 2 comments
All sentences awarded by a court martial under the Army /Navy/ Air Force act 1950 are to be confirmed by the appropriate authority. The confirming authority has power to remit, confirm or order a fresh trial by court martial. Summary Courts Martial requires no confirmation and the sentence can be executed forthwith.
Published by Madan G Singh 71 months ago in Statutory Law | +2 votes | 0 comments
The IPC and the code of criminal procedure 1973 lay down the method for execution of death sentence awarded by a criminal court. The sentence is to be executed by hanging only. Military law in India is the only law that permits execution of a death sentence by a firing squad.
Published by Madan G Singh 71 months ago in Statutory Law | +3 votes | 1 comments
The Indian Armed Forces personnel are conferred special privileges by the Army/Navy/Air Force Act 1950. These are referred to as service privileges and involve immunity from arrest for debt and immunity from attachment by any decree of a civil or revenue court. Service officers are also allowed to keep one weapon without license
Published by Madan G Singh 71 months ago in Statutory Law | +0 votes | 0 comments
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