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Are you read my article | Correct |
Serial |
Summary of article |
1. | Introduction |
2. | What is abortion |
3. | Technique of abortion
A.Manual B. Electronic C. Medical abortion ETC. |
4. | Marital rape and the right to abortion |
5. | Pocso and the right to abortion |
6. | Statistics of abortion in India |
7. | Advantages or Disadvantages of abortion in India |
8. | Can you get rest leave from work after an abortion? |
9. | The social effect of abortion in India |
10. | References of legal review
A. X versus The principal secretary (SC) (2022) B. Medical Termination of pregnancy (MTP) C. M.T.P. amended act-2002 D. M.T.P. rule 2021 E. M.T.P. amended act-2021 |
11. | Conclusion |
Readers our topic today is the Right to abortion in India. And Right now the judgment given by the Supreme Court of India is being discussed very vigorously. And as well as some debates are also happening in the media. In such a situation, I felt it necessary to share with you the discussion of the judgment given by the Supreme Court of India regarding the right to abortion.
If you want to read this article Right to abortion in India Hindi. then you can read this article in Hindi by clicking on the separate menu of all languages below.
What is M.T.P in a judgment announced by the Supreme Court of India, this M.T.P. is a law, and What is M.T.P Act? What is the full form of M.T.P. all the questions are arising in the minds of the readers.
How many advantages and disadvantages of the judgment are given by the Indian Supreme Court of India? And what do the statistics say before this judgment was delivered by the Supreme Court of India? As well as. Can a woman get rest from work after an abortion? All these things I am discussing with you through this article?
Alert. I am starting the discussion with you through this article. Hope you like this humble attempt of mine.
Section-(3) of the Abortion Act provides when pregnancy may be terminated by registered medical practitioners.
(1) Notwithstanding anything contained in the Indian Penal Code and. A registered medical practitioner shall not be guilty of any offense under that Code or under any other law for the time being in force in India. Also. and if any pregnancy is terminated by them in accordance with the provisions of this Act.
2(2) Subject to the provisions of sub-section-4, a pregnancy may be terminated by a registered medical practitioner.--
(a) Where the length of pregnancy does not exceed twenty weeks. and if such medical practitioner, or
(b) where the length of pregnancy exceeds twenty weeks but not more than twenty-four weeks in the case of such category of women as may be prescribed by rules made under this Act. And if less than two registered medical practitioners are of a bona fide opinion formed, that too
(i) Continuation of any pregnancy endangers the life of the pregnant woman. and or serious injury to his physical or mental health or
(ii) There is a significant risk in any pregnancy. What if the child is born he will suffer from any serious physical or mental disorder?
For the purposes of clause (a) where any pregnancy results from the failure of any device or method used by a woman or her partner for the purpose of the limiting the number of children or preventing pregnancy.. And such a pregnancy is considered to be a serious injury to the mental health of the pregnant woman.
For the purposes of Sections-A and -B of the Act where any pregnancy by a pregnant woman is alleged to have been caused by rape. Also, the pain caused by pregnancy is considered to be a serious injury to the mental health of the pregnant woman.
(2A) Standards for any registered medical practitioner whose opinion is required for termination of pregnancy at different gestational ages, and which shall be prescribed by regulations made under this Act.
(2B) The provisions of sub-section-2 relating to the length of any pregnancy shall not apply to the termination of pregnancy by a medical practitioner. Where such termination is necessitated by the diagnosis of any significant fetal abnormality as diagnosed by a medical board...
(2C) Every State Government or Union Territory of India, as the case may be, shall, by notification in the Official Gazette, constitute a Board to be known as a Medical Board to exercise such powers and functions as may be prescribed by rules made, for the purposes of this Act. And under this Act.
(2D) The Medical Board constituted under the Act shall include:
(a) Gynaecologist;
(b) a pediatrician;
(c) a radiologist or sonologist; And
(d) any and such other members as may be notified in the Official Gazette by the State Government or Union Territory, as the case may be.
(3) The actual or reasonably proximate environment of the pregnant woman may be taken into account in determining whether the continuation of the pregnancy would involve a risk of injury to health as referred to in sub-section (2) of the Act.
(4) (a) No pregnancy of a woman who has not attained the age of eighteen years or who has attained the age of majority. A mentally ill person under the age of eighteen shall be terminated except with the written consent of his guardian.
Earlier, the Supreme Court of India announced an important verdict on marital rap. According to India, if any husband has a physical relationship with his wife, he is not considered rape. The inconsistent thing was that if we read Article 375 of the Indian Penal Code if a husband had sex as well as a wife who was under 18 years of age, he was considered a criminal sentence. No crime would result in a punishment. The husband has violated the law on child marriage if the body enjoys the body with a wife of 18 years of age. The age of the woman has been considered 18 years to suffer with mutual consent in Indian law. If a male body is related to a child under the age of 18, rape is considered rape. Thus, the man had the freedom to break the two laws just by marrying. The Supreme Court of India has removed the discrepancy in the law from the verdict. That is my honest page.
In India, a small unmarried woman is forced or conspired by her will and forced to cause physical happiness in the same way as she can cause serious injuries to her body. As well as. In such cases, a minor woman is sometimes reluctant to become pregnant.
The Supreme Court of India has sealed and pronounced the verdict of abortion to virgin girls, as well as the matter is the body and the possibility of ruining the body and life of the virgin girls who are so reluctant to be pregnant. Please to be noted this.
The Statistics of abortion in India is a lot of thought and effort. As well as. After the Supreme Court's 2022 verdict, the situation may change.
The Advantages or Disadvantages of abortion in India are a lot of thought and constant effort. As well as. After the Supreme Court's 2022 verdict, the situation may change.
You may not feel like human beings or married or unmarried women can get leave to rest from the day after abortion on the job. Has been. For this, the woman has to provide medical papers on abortion(Miscarriage) in her office and such holidays can also be obtained as paid leave.
The social effect of abortion in India is a lot of proper ideas, planning, coordination, and constant effort. As well as. After the Supreme Court's 2022 verdict, the situation may change.
The Government of India has tightened the laws for the Right to abortion in India on Pocso and rape to protect married women and unmarried girls from injustice and exploitation. And. As well as to fulfill social responsibility, various schemes like Betty Bachao, Preventing Murder or and rape, and Beti padhao, Beti Bachao have also been implemented. Nevertheless, the social belief towards unmarried girls has changed a trivial change.
It is likely that the guidelines were announced by the supreme court of India. In the case of X versus Principal Secretary, New Delhi are likely to be carefully implemented so that unmarried girls will not be harmed by social monsters like abortion and the possibility of a lot of happiness can be ruled out. Please to be noted this.
Unnatural, without consent, the victims of physical misconduct for the unmarried minor girl. The Askbylaw Associates (Law firm of Lawyers) with their family are ready for the legal guidance and help of the victim as an unmarried minor girl. Contact us if you want legal guidance for an unmarried minor girl in your mind. Please to be noted this.
Tax advantages on will. Watch as soon as the legal document cannot take into account the tax benefits as there is confusion and misunderstanding among the people about the tax benefits of the will.
It is for this reason, in the some that I have tried to write an in-depth article on a legal document called Will. Who should make the will? With regard to tax returns, see, now in short I then hope through our Law Firm / Attorney at Law that this article will be useful for the testator regarding tax information and users will increase their legal awareness through this article.
Watch first, now this article is intended for free legal education and information purposes only from our law office/law firm and the said article should not prepare as proper free legal advice. As well as readers should contact us for proper and particular legal advice on the said article.
Ser. | Summary of content |
1. | Introduction-will document and Tax advantages |
2. | Meaning –what is a will trust? |
3. | Should I have a trust or a will? |
4. | How long a will is valid after Death? |
5. | What is difference between a will and a trust and a testament? |
6. | What are the essential of a will? |
7. | What should you never put in your will? |
8. | What is a better a will or trust? |
9. | What are the tax advantages of will? |
10. | Free templates |
11. | Conclusion |
First, now soon like Will and Tax advantages under the Indian tax law for this purpose: hence an individual income tax legal document despite for HUF (called as a Hindu Undivided Family) can established by transfer of property by will law.
Second, in conclusion, as you can see to be specified for this reason above the said property can be divided into spouse and young children’s, in fact as a result thus solving the problem of income clubbing under the provisions of 64/1.
Similarly, last of all like property or property can transfer through will to his spouse or daughter-in-law so as not to reduce the income of 64/1. Learn; watch now the following are some of the benefits of a will in tax planning.
The trust execute at the conclusion of the probate process after the death of the which person created it for the benefit of his children or others;
This is different from the “inter vivo” trust, which is formed during the lifetime of the colony.
In short, unlike an inter vivo trust; a testamentary trust is not executed until the death of the creator of the trust, at which point it becomes inalienable. It does not take effect during the life of the colony, so it is free to change the trust until death.
You are make living trust; you might well think that you don’t need to also make a will. After all, a living trust basically serves the same purpose as a will. It a legal document in which you drop your property to spouse or children’s or daughter-in-law etc.
One of the fact of the will is carried out of the will is considered to execute. There are no specific law regarding long evict or period of duration for the will implement as per Indian law. And as per common presumption the period of 12(twelve) years are totally passed, the will is implement.
What is difference between a will and a trust (testament)?
Ser. | Difference | Will | Trust( Testimonial) |
1. | Definition | Will content are one kind of declaration of testator, according to the administration and transfer and distribution as per law of testator’s self earn estate. | Trust is a legal agreement in which the trustee recognize by other trustee to administrate and distribute and transferred for the sake of beneficiary. |
2. | Called | Will | Trust deed |
3. | Include | All the property of testator’s portion | Specific property as mention in the trust deed |
4. | Probate | The will goes through probate | The trust not goes through probate |
5. | Execution | On the demise of the testator’s | As per provision of trustee appointment or termination |
7. | Revocation | Anytime | Depend on kind of trust |
8. | Record | Public | Private |
Lastly now, I admit for a will and or a trust both are better documents. What you need determines which is better for you! What do you wish to achieve? Some common uses for both noted in above. Then after decide you, what is profitable for you.
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Lastly, all in all if the will is registered keeping in view the matters mentioned in this article, in sum the person making the will definitely get due to the benefit/advantage as per law.
If you arise any questions or want more information about our said article, you can let us know via email info@askbylaw.com. We will humbly try to resolve your question very easily and on time.
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GST And Trust-GST का कानून गवर्नमेंट ने लागू किया हे, शायद कोई ऐसी व्यक्ति नहीं जिसे GST लागु नहीं होता। शायद कोई ऐसी व्यक्ति नहीं हे जिसको GST का रजिस्ट्रेशन नंबर लिया नहीं हो। GST के दायरे से कोई बच नहीं पाया हे, GST का सेक्शन २३ जानते हे तो ऐसा लगता हे की किन-किन व्यक्ति को अप्लाई करने की जरुरत नहीं। ये सब जानने के बाद कन्फूजन पैदा होता हे की क्या पब्लिक चेरिटेबल ट्रस्ट याने के ऍन.जी.ओ. को GST का रजिस्ट्रेसन करवाने की जरुरत हे भी या नहीं? क्या पब्लिक चेरिटेबल ट्रस्ट को GST देना पड़ता हे। ये कन्फूजन के बारेमे GST के कानून में दी गयी डेफिनेशन और उनके रिलेटेड सेन्ट्रल टैक्स रेट का नोटिफिकेशन नंबर १२/२०१७ और सेक्शन २३ को साथ में जानना आवश्यक हे।
सेक्सन २(८४)-
GST के कानून की सेक्सन २(८४) में व्यक्ति किसे कहते हे उस्की व्याख्या की गई हे, GST की जो व्याख्या की गई हे उसमें पब्लिक ट्रस्ट का समावेश किया गया हे।
सेक्सन २ (१७)
सेक्सन २ (१७) में ब्यापार की डेफिनेशन की गयी हे।
सेक्सन २(१७) को जानने के बाद हे तय होता हे की हर कोई ऐसा कार्य जो प्रॉफिट कमाने या फायदा नहीं करने हेतु किया गया हो, ऐसे कार्यों को भी ब्यापार माना जायेगा। ये डेफिनेसनसे अगर कोई व्यक्ति फिनांसियल बेनिफिट के लिए काम नहीं करता हो तो भी वह GST के ब्यापार के दायरेमें आ जाता हे
GST नोटिफिकेशन नंबर १२/२०१७ तारीख:- २८/०६/२०१७ सेन्ट्रल टैक्स रेट
गवर्नमेंटने ऊपर बताया गया नोटिफिकेशन पब्लिश किया गया हे, नोटिफिकेशन के अनुक्रम १ में जो बताया गया हे उसके मुताबिक हर कोई इंस्टीट्यूट जो इनकम टैक्स कानून की सेक्सन १२ऐऐ में रजिस्टर हुआ हे वो चैरिटेबल एक्टिविटी सेवाएँ देता हो तो ऐसे सप्लायर पर GST नहीं लगेगा, ये नोटिफिकेशन में "सेवा" डेफिनेशन दी गयी हे और यहाँ नीचे बताई गयी सेवाओं के लिए GST के कानून में मुक्ति दी गयी हे।
१. पब्लिक हेल्थ सेवाए :-
(A) जानलेवा बीमार व्यक्ति, फिजिकल या मानसिकं गंभीर अपंगता, HIV या AIDS पीड़ित व्यक्ति, या व्यसनी इंसान की रखरखाव, परामर्श की सेवाए।
(B) निवारक स्वास्थय, फेमिली प्लानिंग, या HIV संक्रमण रोकने के लिए जन जाग्रति की सेवाए।
(ii) धर्म, आध्यात्मिकता या योग के एडवांसमेन्ट की सेवाए
(iii) छोड़े हुए, अनाथ या बेघर बच्चोके लिए या शारीरिक या मानसिक त्राससे पीड़ित और आघातजनक इंसान के लिए, या कैदिओ के लिए, और गांव में रहते ६५ सालसे उपरकी उम्र के लोग, एजुकेसन प्रोग्राम, या फिर स्किल डेवलोपमेन्ट रिलेटेड सेवाए चैरिटेबल एक्टिविटी गिनी जाएगी।
(iv) पर्यावरण सहित वॉटरशेड, जंगल और जंगलजीवन को संरक्षित करनेवाली सेवाए चैरिटेबल एक्टिविटी गिनी जाएगी।
इसतरह जब कोई ट्रस्ट कोई वस्तु की सप्लाय करता हे तो ऐसे ट्रस्ट को मुक्ति नहीं दी गयी हे और उनको रजिस्ट्रेशन करवाकर GST भरना पड़ेगा जब सप्लाय की रकम २० लाख रूपये से ज्यादा होती हे। ये प्रावधान में अमेंडमेंट करने की जरुरत हे जब GST के पहले वेट का कानून था तब वैट तब वेट के कानून में डीलर की डेफिनेशन में से चैरिटेबल ट्रस्ट को इन्क्लूड नहीं किया गया था।
नामदार गुजरात हाईकोर्ट के टैक्स अपील नंबर १६७३/२००९ (भाईलाल अमिन जनरल हॉस्पिटल ) के जजमेंट मे दिए गए सुझाव को भी अप्लाई करना जरुरी हे।
Thanks for read
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