One NRI marries a girl in India, which law governs their marriage?
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- Foreign Marriage Act
- Indian law
- International Law
- Foreign law
The Correct Option is B
Solution and Explanation
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Criminology is the scientific and jurisprudential study of crime, criminal behaviour, and the penal response of the state. It operates at the intersection of law, sociology, psychology, and public policy. Its foundational principle is nullum crimen sine lege, nulla poena sine lege, stressing that there is no crime nor punishment without a pre-existing law. Traditional criminology was shaped by the Classical School, emphasizing free will and rationality. Influenced by Bentham’s utilitarianism, it viewed punishment as a deterrent mechanism, echoing audi alteram partem in demanding procedural fairness. In contrast, the Positivist School, focused on biological, psychological, and sociological causes of criminality, thereby shifting from retributive justice to rehabilitative models.
Modern criminology encompasses diverse domains like victimology, penology, white-collar crime, cybercrime, and transnational offences. The traditional ele ments of crime, mens rea and actus reus remain crucial. However, strict liability offences and corporate crimes often challenge this binary. With the advent of globalization, criminology now interfaces with international criminal law, human rights jurisprudence, and restorative justice. It aims to reintegrate the offender and provide restitution to victims. Furthermore, critical criminology interrogates how law disproportionately penalizes marginalized groups, reflecting concerns of penal populism, mass incarceration, and criminalization of poverty. This evolving discipline critiques not just criminal behaviour but the social construction of de viance itself.- TS LAWCET - 2025
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Under the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property for securing the payment of a debt. Section 58 of the Act enumerates six distinct types of mortgages, each characterized by unique rights and obligations of the mortgagor and mortgagee. These categories reflect the balance of right of alienation and right to hold the property, contingent upon the nature of the transfer. In a simple mortgage, the mortgagor binds himself personally to repay the debt and agrees, expressly or impliedly, that in the event of default, the mortgagee shall have the right to cause the mortgaged property to be sold. There is no transfer of possession.
A mortgage by conditional sale involves an ostensible sale with a condition that upon default of payment, the sale becomes absolute. Courts scrutinize such arrangements to prevent clogs on the equity of redemption. A usufructuary mortgage grants the mortgagee possession and the right to receive rents and profits in lieu of interest or principal, aligning with the maxim, nemo dat quod non habet. It is essential to note that an earlier mortgage takes precedence based on the legal maxim, qui prior est tempore potior est jure. An English mortgage entails personal liability of the mortgagor and an absolute transfer of the property to the mortgagee with a covenant to retransfer upon payment. Other forms include mortgage by deposit of title deeds or equitable mortgage, and anomalous mortgages, which do not fit into the above classifications. These variations reveal the nuanced jurisprudence of secured transactions, balancing contractual freedom with equitable oversight.- TS LAWCET - 2025
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