DEC 2015-JAN 2016 “LEGE ELIT” - btnews …btnews-ext.bheltry.co.in/Legal-news-letter-January2016.pdfcompulsory registration of marriages solemnized in the ... NADU REGISTRATION

“LEGE ELIT”

LEGAL NEWS OF GENERAL IMPORTNACE Nomination of Securities- Clarified

The Hon’ble Bombay High Court, in a recent case held that nomination of

securities cannot and do not displace law of succession. It was also made

clear that Nomination only provides the Company or depository a

quittance. The nominee continues to hold the securities in trust and as a

fiduciary for the claimants under Succession Law.

Guidelines on Acid attack victims issued The Hon’ble Supreme Court of India, recently held that sale of acid across

counter shall be barred by the States and Union territories. Acid attack

victims need to be compensated and a minimum of Rs. 3 lakhs is to be made

available to each victim. The compensation scheme shall be given wide

publicity. District Legal Services Authority, consisting of District Judge,

District Magistrate, SP and Civil Surgeon or CMO of the respective

District shall function as Criminal Injuries Compensation Board and

compensation claims of acid attack victims are to be decided by such

authority.

Free treatment to acid attack victims has to be made available by the

Government and Private hospitals and States and UTs have to ensure that

private hospitals do not refuse free treatment, which not only means

provision of physical treatment but also includes availability of medicines,

bed and food in the concerned hospital.

Hospitals have to issue certificate that the individual is an acid attack

victim and the victim will be eligible to use it for treatment and

reconstructive surgeries or any other Government scheme that the victim

may be entitled to.

A BI-MONTHLY E- LEGAL NEWSLETTER BY HR-LAW SECTION, BHEL, TRICHY

VOLUME # 2 ISSUE #5

“The weak can never forgive. Forgiveness is the

attribute of the strong.”

Mahatma Gandhi

DEC 2015-JAN 2016

Legal terms-

Special Leave Petition

The correctness of any

order made by any court or

tribunal can be questioned by

filing a petition in the Supreme

Court under Article 136 of the

Constitution. If the Supreme

Court grants permission, i.e.

"leave", the petition is

registered as an appeal.

Stare decisis

The principle that

decisions of Courts in previous

cases must be followed in

subsequent cases of similar

nature.

Legal Maxim Actus non facit reum nisi mens sit rea – The act does not make one guilty

unless there be a criminal intent.

2. Bona vacantia

Goods without an owner

.

ARTICLE

COMPULSORY REGISTRATION OF MARRIAGES

In February 2006, the Supreme Court of India in Smt Seema

Vs Ashwani Kumar (2006 (2) SCC 578) directed for

compulsory registration of marriages solemnized in the

respective State/Union Territories. The court observed that

compulsory registration of marriages would help tackle

various women’s rights infringements such as child marriage,

polygamy, bigamous unions, and a woman’s right to live in her

marital home and receive maintenance.

As per the directives of the Hon’ble Supreme court, the TAMIL

NADU REGISTRATION OF MARRIIAGES ACT & RULES, 2009

was enacted in the state of Tamilnadu and came into force

with effect from 24.11.2009 .

Every marriage performed on and from the date of

commencement of this Act shall be registered under this Act

notwithstanding the fact that the said marriage had been

entered in the marriage registers governed by any other

personal laws of the parties to the marriage or custom or

usage or tradition.

Conditions for Registration of Marriages:

· Marriages should have been solemnized under any of

the personal laws.

· Bridegroom/Bride should have completed 21/18

years respectively

“An idea needs propagation as much as a plant needs watering.

Otherwise, both will wither and die”

Dr.B.R Ambedkar

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DEC 2015-JAN 2016

· Marriages should be registered within 90

days of solemnization. However registration

can be done between 90-150 days with fine.

Places where marriage can be registered

Anyone of the following place should fall within the

jurisdiction of the Registering officer:

· Residence of bride.

· Residence of bridegroom.

· Place of Solemnization of marriage.

Procedure for Registration

The parties to the marriage should file a

memorandum before the Registrar of marriages. The

memorandum should be in FORM- I, along with

adequate proof of identity of parties, marriage

solemnization, place of marriage & residence. The

memorandum shall be in duplicate, signed by the

parties to the marriage, the priest and two witnesses

accompanied by a fee of Rs. 100./-.

After verification of the memorandum and after

being satisfied about the identity of the parties to the

marriage and witnesses, the registrar shall register

the marriage and issue a certificate of registration of

marriage.

DEC 2015-JAN 2016

VOLUME # 2

ISSUE #5

In case, the Registrar is not satisfied about the identity of the

parties or the witnesses, or about the correctness of the

statements made in the memorandum, the Registrar may,

after hearing the parties and after recording the reasons in

writing, pass an order of refusal to register the marriage.

An appeal to the District Registrar against the order of the

Registrar may be made within a period of thirty days from the

date of receipt of such order along with a copy of that order

and with necessary documents and any appeal against the

order of District Registrar will lie with the Registrar- General.

The Register of Marriages will be open for public inspection

and certified

Responsibility of employer

The Act specifically provides that the employer shall not carry

out any change in their office record (change in the marital

status or change of nomination, of its employee) except on due

submission of a certified copy of the marriage certificate by

the concerned employee.

The provisions of the act is hence applicable to BHEL. Hence

from the enactment of this Act, all applications for inclusion of

spouse name, change in nomination etc have to be

compulsorily substantiated with a copy of the Marriage

registration certificate.

Effects of non-registration:

Though, non- registration does not affect the validity of

marriage, any non- registration or making false statement or

contravening provisions of the Act or Rules can

attract penalty on conviction.

Operation of other laws

The Tamil Nadu Registration of Marriages Act, 2009

is in addition to and not in derogation of any other

law.

Marriage registration Act in other states and UTs

In India prior to 2006, apart from Hindu Marriage

Registration Act and Special Marriage Registration

Act, there were only four statutes being operated in

five states viz. Maharashtra, Gujarat, Karnataka,

Himachal Pradesh and Andhra Pradesh which

provided for compulsory registration of marriages.

As per the Supreme Court directives most of the

states enacted Marriage registration Acts. A central

law providing for compulsory registration of

marriages in India still awaits enactment.

Conclusion

The Act will go a long way in eradication of child

marriages and also deterrent to polygamy and

desertion, which was so prevalent not long back.

As far as employees are concerned, registration of

marriages are inevitable for making entry in their

service records with respect to marital status,

nomination in favour of spouse etc.

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LEGAL NEWS RELEVANT TO THE COMPANY

Order passed against Principal for obligation of sub-

contractor improper In this case, the contractor gave a sub-contract for

performance of work entrusted to it by the principal, as he was facing

financial difficulties and with a view to ensure smooth completion of

work. The payments were made to the sub-contractor only on

certification of work by the contractor. In the dispute as to payment

arising between the contractor and the sub-contractor, Order passed

against the principal by holding that the obligation of paying the sub-

contractor was on the principal was held to be improper by the Hon’ble

Supreme Court of India.

"Court Jokes”

Theft case

Judge: Why are you arrested?

Accused: For shopping early.

Judge:??? Well, that is not a crime, anyway how early were you shopping?

Accused: Before the store opened…..

Drunken Drive case

Judge: “Mister, you’ve been brought here for drinking”

Accused: “Great!!!, When do we get started?”

“Society is guilty, if anyone suffers unjustly”

Justice V.R Krishna Iyer

Delete text and

place photo here.

VOLUME # 2 ISSUE #5

DEC 2015-JAN 2016

Woman who attained motherhood through surrogacy also

entitled for Maternity benefits The Hon’ble Bombay High Court, in a recent case held that a

mother who has begotten a child through surrogacy is also entitled to

maternity leave. The refusal to grant maternity leave for such

mothers stating that no such provision exists in the government

resolution concerned, is held to be arbitrary, discriminatory and

violative of fundamental rights. It was also held that a woman cannot

be discriminated while granting maternity benefits, especially when

the Government resolution provides for maternity leave to an adoptive

mother.

Labour Courts cannot dismiss Industrial disputes for non-

prosecution The Hon’ble High Court of Madras in a recent case held that

Labour Courts cannot dismiss IDs raised by employees for non-

prosecution since they had a statutory obligation to pass orders on

merits even if the party concerned fails to attend the proceedings, by

virtue of Rule 48 (1) of the Tamil Nadu Industrial Rules, 1958.

TITLE OF YOUR NEWSLETTER

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DEC 2015-JAN 2016

Disclaimer: This Newsletter is only intended to provide information to employees of BHEL and is neither advice nor solicitation. It is not a complete analysis of the information provided. Readers should not rely solely on this information, but should make their own inquiries before making any decisions. No responsibility is accepted for any errors or omissions or results of any actions based upon this information.

Do you know?

The IPC, which is the

main criminal code of

India was enacted in

1860 and it has

survived till date

without major

amendments.

Editorial Board N.Ravi Prakash T.S Balaji Jishu John Skariah Shadiqnisha S.S M.Nithya

Questions & Suggestions may

be given to the Editor

[email protected]