Blogs

Right of Grandchildren in the self-acquired property: Self-acquired property is the property which a personpurchase from his own incomereceives as a gifta share of property acquired as a result of partition in ancestral property oracquires as a legal heir through a testamentary document.A person has absolute right over his self-acquired property and can dispose of it as he desiresUnder the Hindu succession act 1956, A Grandchild does not have any... Read More

The necessity of conveyance deed: Even if you own a flat, you do not own the land or the building. As a result, if the building collapses, you will need the permission of the builder or the landowner to rebuild it. Again, because he is the legal owner and holds the Title Deeds to the property, the builder/landlord may mortgage the property you acquired, i.e. land and building, unless you obtain land conveyance. If the building is later redevelope... Read More

Right to Consumer Education: it is the right of the consumer to acquire the knowledge and skills in order to be an informed consumer. Consumer ignorance, particularly among rural consumers, is mainly responsible for their exploitation. They should be aware of their rights and must exercise them. It is difficult for illiterate consumers to understand the law and this right ensures that illiterate consumers can seek information about the existing a... Read More

Additional Due Diligence to be followed by social media :Appointment of Chief compliance officer who will be responsible for ensuring compliance with the rules and act.Appointment of a Nodal Contact Person for the purpose of 24x7 coordination with law enforcement agencies.Appointment of a Resident Grievance Officer to perform the functions that is mentioned under the Grievance Redressal Mechanism. All officers must be a resident in India.Monthly ... Read More

No more huge discounts by E-Commerce Enterprises: E-commerce enterprises are likewise prohibited from offering substantial discounts under current guidelines. Deep discounting is a predatory pricing strategy that entails taking losses until the opponent runs out of cash. There is no doubt that this policy is unethical and must be ended as soon as possible. Comparison to new rules: The draught e-commerce policy said, "Actions and things that ... Read More

Civil Remedy/Civil case: The drawee may also file a civil case as a Suit for Recovery, as per the appropriate pecuniary and territorial jurisdiction, before a Civil Judge/District Judge, seeking recovery of the principal amount of the cheque and any interest due on the same. As per Limitation Act, 1963, a Recovery Suit may be filed within 3 years from the date the cause of action arises.The two remedies can co-exist, as very often cheque amounts ... Read More

In Europe, ODR mediation has gained a lot of prominence for resolving out-of-court disputes. The European Commission has provided a dedicated platform for resolving consumer disputes through online mediation. The European ODR mediation platform is established by the Commission to make online shopping safer and convenient by providing access to online dispute resolution tools. “For instance, in countries like Norway, Liechtenstein, or Iceland yo... Read More

In case the Requested Matter is Declined: The counsel will receive an SMS on the mobile number submitted by them on the link informing them that the request has been declined. There will be an option to request the designated Hon'ble Judge for reconsideration by 3.00 PM on the same day itself.If Mentioning is Allowed: The counsel will receive an SMS informing the acceptance of the matter for urgent listing. A reference number and date of acceptan... Read More

Punishment Under Different Laws for BigamyHindu Marriage Act: Under Section 17 of the Act, the punishment for bigamy is given, which states that if a person commits bigamy it will be dealt with under section 494 and 495 of the Indian Penal Code and it will be considered a criminal offence.Indian Penal Code: Section 494 of the Indian Penal Code said that if a person commits bigamy shall be punished with imprisonment for up to seven years or a fine... Read More

How to Register /filing for the procedure: Procedure to obtain divorce decree - To receive the divorce decree the parties have to file for divorce in the competent court, but prior to that it is beneficial to understand the difference between different types of divorce which are - Firstly for mutually consented divorce wherein the parties have decided to dissolute the divorce amicably, deciding on the terms and conditions of the settlem... Read More

Case laws: In the landmark case of the Shome Nikhil Danani v. Tanya Banon Danani, In this case, the married husband and wife were living separately. The wife was granted maintenance under section 125 of the CrPC. She filed a case in the trial court, seeking the maintenance under section 23 of the Domestic Violence Act. Her plea was rejected. But the appellate court ordered the filing of the fresh case. To which the Husband appealed that, Appellat... Read More

The traditional procedure for disposal of a criminal case involves the following steps - A plaint is drafted with the alleged violation of IPC sections by the accused. Or the court takes cognizance of the case itself. The accused submits a written statement either accepting the allegations or refuting them. The court then forms the frames and sets dates for examination of witnesses, evidence, arguments. Once both sides have presented their se... Read More

A durable Power of Attorney- it is also known as Irrevocable Power of Attorney in which a deed document cannot be changed in the future. A durable POA deed usually performed for the elderly or anyone expecting illness in the future. This type of POA is irrevocable in nature. This POA document created by the principal to authorize the agent with all its power which will remain with him even after the principal passes away or suffers from any menta... Read More

Muslim Law of Succession: Non –testamentary inheritance of property takes place only after the death of the person and any child born into a Muslim family does not inherit property right after his birth. There are 12 shares in the property and the share of each person may vary under certain circumstances. These sharers are-HusbandWifeDaughterDaughter of a son or son’s son or son’s son’s son and so onFatherPaternal grandfatherMotherGrandmo... Read More

Medical Negligence law in India: There is no legislation specifically to medical negligence in India. However, the judicial precedence by the court was acted to give compensation to the victims. The supreme court in its several important judgments has tried to define the Medical Negligence law in India. Medical Negligence laws in India are not only covered under the criminal liability of a doctor or other medical practitioner but also in the civi... Read More

Rejection of the application of restitution of conjugal rights: There are certain cases where the court may deny the application for the restitution of conjugal rights, but there has to be a proper reason for the denial of the conjugal rights which are as follows:If the spouse or the defendant is staying away or apart is due to any type of matrimonial issues or problems then the application may be denied.If the spouse or the petitioner has commit... Read More

Polygamy in the Muslim marriage act under Islam has not been abolished in India but it is also not very widely followed and is often removed from the scene via a special clause introduced in the marriage contract by those who find it morally offensive. The groom, or the bride-to-be, may assert monogamy as a mandatory condition in marriage and, once signed, it obligates the parties to not enter into any formal or informal marriage contract with an... Read More

Online MethodThe offline procedure has its pros such as people who are not well equipped with technology can get their copy of birth certificate without being worried about how to use the internet to go about the process. But for people who can apply online, it’s better to do it as there is a lot of rush in the municipal office.  It is flexible to apply online as there is no time period which is not the case in offline applications. The online... Read More

ProcedureA 2007 study on child abuse by the Ministry of Women and Child Development showed that about 53.22% of children are facing one or more forms of sexual abuse, most of which are not even reported due to fear, shyness, or external pressure. Thus, there is an immense need to make it child-friendly so that they can avail themselves it. The procedure followed is as follows:Medical Examination of the Child - After it is acknowledged that an off... Read More

How would you deal with a False Cheque Bounce Case?The victim in such cases need not worry much about it as it is a false accusation and generally easily proved with the valid documents that there was enough balance or fund in the bank account of the issuer which would ensure there was no cheque bounce. Some important measures to take when a situation of false cheque bounce arises: Collecting all the important documents – The most wise and s... Read More