Articles pour « septembre, 2014 »

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While decriminalising adultery

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uk canada goose outlet [India], Sept 27 (ANI): Terming the two laws on adultery Indian Penal Code (IPC) section 497 and 498 as unconstitutional and a colonial rule, the Supreme Court on canada goose outlet vip Thursday struck down the two sections. While decriminalising adultery, the court also struck down section 198 (2) of the Code of Criminal Procedure (CrPC) that allows only the husband of the canada goose outlet toronto factory woman to be considered as aggrieved under IPC sections 497 or 498.Supreme Court also struck down section 198 (2) of the Code of Criminal Procedure (CrPC) that allows only the husband of the woman to be considered as aggrieved under 497 or 498 uk canada goose outlet

canada goose coats The court felt 497 treats woman as a chattel or a property of a man as there is no offence if there is consent of the man canada goose coats

Businessman Joseph Shine filed a PIL for Section 497 to be struck down on grounds of being unconstitutional, unjust, illegal and arbitrary.

Canada Goose Online Government in its affidavit said IPC 497 was enacted to safeguard the sanctity of marriage, diluting it would be detrimental to matrimonial bond. Canada Goose Online

canada goose factory sale In their judgement, passed unanimously, the Supreme Court’s Constitution Bench headed by Chief Justice of India (CJI) Dipak Misra, comprising Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra observed that mere adultery cannot be canada goose outlet black friday sale a crime unless it attracts the scope of IPC’s Section 306 (Abetment of suicide). However, the court said that it can be a ground for divorce and a person will have civil remedies for it. canada goose factory sale

canada goose uk black friday Section 497 stated that whoever has sexual intercourse with the wife canada goose shop uk of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery. The said man faces imprisonment of upto 5 years or canada goose outlet uk sale fine or both. In such cases, the wife shall not be punishable as an abettor. CrPC 198 (2) specifies that no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 (enticing, taking away, detaining with criminal intent a married woman who is someone’s else wife, from that man with the intention of having illicit intercourse with her). canada goose uk black friday

The top court observed that parameters of Fundamental canada goose outlet montreal Rights should include the rights of women and that individual dignity is important in a sanctified society. The court felt that the law was against women who had no opportunity to defend themselves in a situation where they are falsely linked to a man on mere suspicion, since a woman cannot be made party to the case under 497 and had no locus standi.

Chief Justice of India (CJI) canada goose outlet boston Dipak Misra while reading out the judgement said: « Equality is the governing principle of a system. A husband is not the master of his wife. »

canada goose coats on sale The apex court said that legal subordination of one sex by another is wrong and considered views of Justice Rohinton cheap canada goose jacket Nariman on social progression of women in the Triple Talaq case while passing the judgement. In today’s case Justice Nariman observed that adultery violates of Article 14 of the Constitution and cannot be treated as an offence. canada goose coats on sale

Canada Goose sale Justice Chandrachud said sexuality cannot be constituted as a physical attribute and it cannot be disassociated with human psychology. Canada Goose sale

« It is a monumental judgement. I am extremely happy with it. The people of India should also be happy, » petition’s lawyer Raj Kalliswaram told ANI. The lawyer explained that the court felt 497 treats woman as a chattel or a property of a man as there is no offence if there is consent of the man.

Reacting to the judgement, National canada goose outlet ontario Commission for Women (NCW) Chairperson, rekha Sharma said, « I welcome this judgement by Supreme Court. It was an outdated law which should have been removed long back. This is a law from British era. Although the British had done away with it long back, we were still stuck with it. »

Canada Goose Coats On Sale In August this year, the top court had reserved the verdict in the case while observing: « The idea of imposition of Section 497 of the Indian Penal Code is not to enforce monogamy but to ensure to protect fidelity in the marriage, which is a promise made by both the canada goose outlet las vegas parties while entering to a marriage. » Canada Goose Coats On Sale

The Apex Court in December last year had issued a notice to the Centre asking why a married woman who is equally liable for the offence of adultery with a married man, who is not her husband, be not punished along with the man.

uk canada goose This came after a businessman, Joseph Shine, filed a Public Interest Litigation (PIL) for Section 497 to be struck down on grounds of being unconstitutional, unjust, illegal and arbitrary. However, the Centre, in an affidavit filed in the Supreme Court in July, in response to Shine’s petition, said that Section 497 of the Indian Penal Code was enacted to safeguard the sanctity of marriage and diluting it would be detrimental to matrimonial bond. (ANI) uk canada goose.

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As a freelancer, you may have to make estimated payments four times throughout the year, beginning in January. These payments are designed to cover your projected tax liability so you don’t end up with a big bill when April 15th rolls around. Generally, you’re not required to make estimated payments if you didn’t owe any taxes during the previous year 2018 canada goose jackets , you expect your total tax due for the current year to be less than $1,000, or your prior year’s federal withholding is equal to 90% of what you think you’ll owe. Be aware that if you don’t make estimated payments through the year and you end up owing taxes when you file, you could get hit with a penalty for underpayment. 5. Your tax liability is calculated differently. Freelancers are responsible for paying income tax but you’re also on the hook for self-employment tax. 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