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LegalSeva

Service in the interest of Justice

Blog posts : "General Miscellaneous"

Legal Notice- When, Why and How to Send?

June 15, 2017

Legal Notice is the formal representation of your claim or grievance against the other party. If the party doesn’t fulfill the legal obligation then you can take legal action for which he will be only responsible. Litigation costs, compensation plus the actual amount.

WHY -Legal Notices can be a great way to escape the legal tussle as 50% cases get resolved at this stage.

It shows how much serious you are in pursuing your case in courts. Moreover, a well drafted legal notice by professional would take you a long way on representing your case strongly before the courts.

Having said that, let us see in which scenarios, the legal notices can be sent.

1 Cheque Bounce- Statutory requirement to send notice.

2 Recovery of Dues- Employer, Friendly loan or anyone who has taken your money and not returning it can be served notice.

3 Consumer Notice- If you have received a faulty product and want the manufacturer or retailer to either the repair the product or exchange it, then a legal notice can be sent.

4 Builder to Notice-  Before pursuing your case in the consumer case, you can also check the response of builder, how soon he can remove the deficiency.

5 Tenant/Landlord Issue – If rent not being paid or you want eviction of the premises.

6 Property Dispute- Legal Notice can also be sent before taking legal action.

7 Divorce Notice- Before proceeding with the legal suit, a formal legal notice can be sent.

 

When- If on repeated requests, the other party doesn’t seem to be interested in fulfilling your demand then Legal Notice is the best option to have.

Cheap, Economic and Fastest way to resolve a  dispute.

HOW- Legal Notices are sent mainly through Registered post with acknowledgement due from the receiver. The other party is given 7, 15 or maximum 30 days to resolve your issue and payback the money or else the case ensues.

 

Few of the service providers who can help you in sending legal notice online are

1 Lawrato- http://lawrato.com/send-legal-notice/?

2 Noticebhejo- https://www.noticebhejo.com/

3 VakilSearch- https://vakilsearch.com/legal-notice

4 Indian Bar Association- https://www.indianbarassociation.org/resources/for-attorneys/format-legal-notices/

5 VakilPro- https://vakilpro.com/online-legal-notice/

Sending legal notices is no more a challenge or a brainy job as you can access these websites from anywhere -anytime.

All you need to do is share the best version of your story on your own and send it across the lawyer. Based on your inputs, legal notice is drafted and sent on the address provided.

Less discussion and maximum output help you in building a strong case forward.

If you have any questions related to Legal Notice or you wish to send a one, write to me at advocatesatish7@gmail.com and I will be there to assist you. 

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TOP 50 LEGAL WEBSITES FOR ALL YOUR TROUBLES

June 8, 2017

India is seeing a phenomenal growth in Legal Startups year by year. There’s not even a single legal topic today that you can’t Google about. There is a plethora of information and pertinent knowledge available online which makes it damn easy for users to make the right decision.

The credit goes to these super fabulous websites that have made legal information distribution effortlessly easy. Select any legal topic and browse any of these websites, you’ll find the best first-rate information and a superior opinion from well, renowned and experienced lawyers available on the platform.

These websites are making legal counseling look like a cakewalk. Just dial their toll free number and experienced advocates on the other end will happily reply to your query. For initial information sharing, they don’t charge you a fee but yes, when you go on looking for a specific assistance they may charge you at a small fee. Makes sense!

 Earlier advocates used to take full fees in advance and then once the relief gets refused, the user has to look for alternate option. But this is not the case today as we can talk to ample of lawyers available online to know the actual legal recourse available not just the visual trajectory created by them.

So the power comes back to the individual and you can make a well informed decision in no time.

Finally the infographic having the top 50 legal websites for you; a sheer resource to have. Spread the love and share as much as you can. 

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Intellectual Property laws in India

May 7, 2017

In India, Trademark law dates back to 1940 when The Trade and Merchandise Marks Act (TM, Act 1940) was enacted. Soon after its launch, it was replaced by TM Act, 1958, further by TM Act of 1999 which came effective on September 15, 2003 fulfilling all the obligations under TRIPS (Trade Related Intellectual Property Rights.

The TM Act of India allows registration of service marks and three dimensional marks which follows NICE classification of goods and services, incorporated in the schedule to the rules under TM Act.

As desired, Trade Mark registry is consistently maintained under TM act till date that comes under the Registrar of Trademarks. Trade Marks Registry of India has head office in Mumbai and branches at Kolkata, Ahmedabad, Chennai and New Delhi with each office allocated its territorial jurisdiction.

Under TM Act, certification marks and Collective marks can be registered. Certification mark can be like ISO 9000 and Collective marks of the associations like Doctors, Engineers and lawyers.

1 Unconventional Marks- Any mark with ability to be represented graphically and indicative of trade usage or proprietorship is entitled to get register under the TM act as trademark. The list is not exhaustive and has huge scope for device, brand, heading, label, ticket, shape, numeral, color, goods or combination of any of these. Even sound marks are registered under TM Act.

2. Scope of ‘Graphical Representation’- Trademarks of Goods and services can be represented in paper form, including sound marks. Sound marks can be represented either in descriptive form or as traditional musical notations, but one has to be very careful in registering these trademarks.

3. Syncing the Indian Law to Tide over the hurdles of Registration- To avoid confusion a sample of melody can be submitted.

4. Who can Apply?- Any person claiming proprietorship under Individual, Company, Joint partnership, trust, association, department or a firm can apply. Both domestic and international applicants are treated equally under the TM act. A company can file for trademark even before incorporation under Companies Act, 1956.

5. Is Prior use Required? Not mandatory but for descriptive marks, prior use of the mark with proof is recommended along with the distinctiveness.

6.Is a Prior Search Necessary?- Not mandatory but in case of controversy prior search is given advantage. In case of registration of drugs, this practice is most prevalent.

7.What is the Process of Registration? Form must contain clear reproduction of sign, duly submitted in appropriate territorial office. It should indicate class of goods, or services it would apply. TM act lays down grounds for absolute and relative grounds of refusal of trademarks.  Grounds are similar to UK Trademark Act of 1994.

i.Selection of the Mark-Search before the Application- filing of application- numbering of application- meet the official objections- advertising of the application- acceptance of the application- opposition proceedings- issue of certificate of registration

8.Can the Registration Process be expedited? Option is there stating reasons with five times enhanced fee. If the registrar is convinced, examination report is issued in three months of request else the excess fee gets refunded.

9.What is the term of Registration?  Registration is valid for 10 years and renewable for next 10 years. Non renewal leads to lapse of registration.

10.How can Registration of a Trademark can be cancelled? Application can only be filed by the aggrieved person to Appellate board or Registrar of Trademarks.

11. Grounds for Cancellation/Revocation- Absence of bona fide intention to use the trademark even after three months of the approval of application or after five years or longer remained on the Register without sufficient use.

12.Assignment of Trademarks- Can be done with or without the goodwill of business but only according to the procedures laid by the Registrar concerned. The transmission must be recorded with the registrar.

13.License of Trademarks- TM act provides procedure for licensing trademarks for the registered trademarks and for unregistered with the written consent of proprietor under an agreement.

14.Rights Conferred by Registration- Exclusive rights to use trademarks on relation to goods and services for which it is granted and quick remedy in case of infringement. It stops others for using the same trademarks even if it is pending for registration.

15.Paris Convention- Reciprocity allowed for Applications from the Paris convention countries given priority if filed within 6 months from the date of priority.

16.Infringement of Trademark- must be identical, covered under same goods and services, infringement in the same course of trade, use in the same manner as to use a trademark, likely to cause confusion to the public, if it harms the character of the brand already registered.

17.Who can sue for the Infringement- Registered proprietor, his heirs, and registered users can sue, an assignee can also,

18.Passing Off- The purpose of this tort is to protect the commercial goodwill that business has generated and his reputation is not exploited.

19.Recognition of Foreign well-known marks and trans-border reputation-  International trademarks having no actual presence in India could also be enforced if shown there exists a tans-border reputation. Famous case of R. Dongre and Others vs. Whirlpool Corporation and Another

20.Orders in Infringement and Passing off suits- Court may order injunction in registered or unregistered trademarks or even in passing off. Also damages are awarded and strict criminal provisions relating to offenses and penalties. 

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How a Bill becomes Law in India

April 21, 2017

In India, we follow a Quasi-federal structure of Government.

To pass any Amendment Bill under Art 368 of constitution, majority of the total membership of the house, 2/3rd members should be present and vote. Federal and Judicial aspects of Constitution must be ratified by state legislatures. There is no provision of joint sitting of two houses. There can be no amendment to destroy basic structure and every amendment is subject to review of Supreme Court.

The most interesting amendment so far is 24th amendment; parliament in its constituent capacity cannot delegate its function of amending  Constitution of India, to another legislature or to itself in its ordinary legislative capacity.

There are Total 3 lists on which Union, State and District can legislate. Out of list matters are residuary subject and dealt with respect to Art 245.

Union list- 100 items

State List- 61 items

Concurrent list- 52

A bill is a draft of the legislative proposal when passed in both the houses and given president assent becomes Act.

First Reading-

  • Minister has to ask leave of the house to introduce the bill.
  • First reading of the bill. Speaker decides whether to allow or invite debate or vote.
  • Money bill is to be passed only in Lok Sabha. Chairman of Rajya Sabha decides whether the bill is finance bill or not.
  • A bill can be published straight away in the Gazette of India. In such cases leave to introduce bill is not required.
  • The bill is sent for Reference to Standing Committee that gives report about the bill.

Second Reading further has 2 stages.

First Stage.

Discussion on bill, mostly on underlying principle, whether Joint committee should be formed or not. Not advisable to move the motion for consideration of the bill. 

Second Stage

Clause by Clause consideration of the bill as introduced or as reported by selected joint committee. Amendments to clause moved but not withdrawn are out to vote and then disposed of by the house. After the clauses, the schedules if any, clause 1, the enacting formula and the long title of bill have been adopted by the house. The second reading is deemed to be over.

Third Reading

Arguments either in support or rejection of the bill, without referring to the details thereof further than that are absolutely necessary. But if there is a tie, then the presiding officer will cast his vote.

Passing a bill

Quorum which is minimum one-tenth of the total members of a house, house suspended till there is quorum.

Bills taken up under legislative power of parliament are treated as passed as majority of members present at that time approved the bill, either by voting or voice vote. It is a right of member to demand voting instead of voice vote.

In case of constitutional amendment bill, two third of the total members present voted in favor of the bill with more than 50% of the total members of the house, are required as per Art 368.

Bill in the Other house

 One house pass the bill, the other house repeats the same process without the introduction. If a bill is amended, it is sent to the first house again for approval. If the other house disagrees, it means both the houses have disagreed.

The other house may keep a money bill for 14 days and ordinary bill for 3 months without passing (or rejecting it). If it fails to return the bill within stipulated time, then the bill is deemed to be passed by both the houses and is sent for the approval of the president.

State Level- Not mandatory that a bill shall be passed by legislative council (if existing) per Articles 196 to 199. There is no provision of conducting joint session of both houses to pass a bill.

Bicameral Legislature- Lower house (Vidhan Sabha ) must pass. Upper house (Vidhan Parishad) is not required.

Unicameral- Vidhan Sabha (Not Vidhan Parishad)

Union Govt- Lok Sabha, Rajya Sabha and then the president assent.

Hope it covers all you need to know about; how a bill becomes a law in India. Just for clarification there are 22 parts, 395 Articles, 8 schedules in Constitution of India and no new articles have ever been added to the constitution. It is just the additions in respective Articles that have been done and nothing else. 

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Mutual Divorce; A Legal View

March 14, 2017

Mutual Divorce is available under the provisions of Indian Law. Under Sec 13 B of the Hindu Marriage Act, 1955, Divorce can be granted if the parties are willing to get separated mutually. The initial requirement is of separation of the couple for 1 year or more post marriage and further there is no scope of cohabiting whatsoever. In most exceptionally hard situation and depravity this period can be exempted under Sec 14 (1) of HMA act.

Mutual Consent means both parties agree for judicial separation. But before filing the case mutually, couple should reach consensus on alimony and maintenance issues. Child custody is also an important aspect to be taken care of. 

Before Mutual Divorce the parties should decide on the following:

1 Child Custody whether joint or shared, their marriage and education, Visitation rights (holidays or any specific day or time specifically), Maintenance.

2 Alimony, stridhan , Maintenance (One time, monthly or yearly).

3 Joint Accounts or properties in the name of both have to be sorted.

4 Any other necessary arrangement that the party thinks should be done before approaching the court for mutual divorce should be cleared between the couple amicably. 

Mutual Divorce poses to be the fastest, easiest and cheapest way of Judicial Separation out of all. Otherwise, the contested divorce can be stretched up to 3-4 years easily.

Here are the few questions you would like us to answer first:

  1. How long does it take to get the mutual Divorce? After 6 months of filing the petition or maximum upto 18 months if both parties are willing at all times.
  2. How to file the case? You can look for sample drafts easily available online or consult a professional lawyer to draft your case. Once the case is drafted along with your affidavits bearing signature of both parties, case gets filed in the family court of local jurisdiction. On the first day of a case, the parties have to be present and give statement on oath;  we both have mutually agreed to be separated with free will and consent added there is no collusion or coercion between them.

3.How to decide the Jurisdiction? In the family court of the city/district where both the partners have last resided.

4.What is First motion and Second motion? The family courts generally on the first day of hearing takes duly sworn affidavits of the partners and grants them 6 months of cooling off period to reconsider their decision. This is called First Motion. On expiry of 6 months period, the parties can again present themselves before the court for making a second motion and reconfirming their consent given earlier. The decree of divorce is only granted after the second motion. A person governed under Hindu Law can only remarry if granted a valid decree of divorce in India not otherwise.

5.What If one party withdraws the case?  Then you have to probably move towards a contested divorce under Sec 13 (1) of Hindu Marriage Act, 1955 and file a separate application. The Mutual Divorce petition would stand dismissed or the party can withdraw the case.

6.Can the other person get married before the courts grant decree of divorce? No way. The party can be held liable for Bigamy under Indian Penal Code which separately draws punishment of seven years imprisonment.

7.If the other party is willfully absent from court’s proceedings, what can be done? The other party should wait for at least seven years to file an application before the court.

8.How much is the fee for Mutual Divorce?  The Advocate can charge you either for the complete case or per motion depending upon your capability to pay. Usually, the fee structure ranges from Rs 30,000 to Rs 1, 00,000 or even more. The contested Divorce cases costs you even more and that’s why one should always reconcile their differences and file for a mutual difference to buy time for each other. There is an increasing need for standardizing legal fees in India as Advocates charge their fees without any standards.

9.Who will bear the litigation expenses? The litigation expenses have to be bared jointly by the couple seeking mutual divorce.

10.Is the Couple required to be present in Court all times? Yes, the presence of couple will speed up the entire process of Mutual Divorce. Having an attorney holder representing your case will linger on the process and will get you few more dates nothing else. It is better for the couple to be present in court for its satisfaction.

Marriages are not considered sacrosanct anymore and if it’s not working, there is no shame in aborting it. The rising middle class of India has understood this clearly and metro cities are far ahead in filing divorce petitions where work-life balance is most difficult to sustain.

Increasing consumer mentality is also a factor causing havoc in marriages. People no longer want to curb their wishes or make sacrifices. This independent generation wants to live life on their own terms. The role of women’s in houses has changed significantly who are trying hard to match their counterparts.

Mutual Divorce can be the best way to end a failed marriage if things aren’t working. It is the cheapest, fastest and hassle free way to walk out of the marriage if it’s not working. 

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What is the whole issue of Jat reservation in Haryana?

February 23, 2017

They say politics is a dirty game but it actually is. There is no powerful show other than politics in this world and we all are part of it, somewhere knowingly or unknowingly. Our views, opinions and actions are often marginalized in favor of one political party and considered against the interest of nation.

Our nationalism gets challenged on having certain views which may not go down well with other strata of society and that’s when things go uglier. Rome was burnt down to hell in name of revolution and rest is history. Is another history being written in Haryana? Let’s wait-n-watch. 

SERIES OF EVENTS

  1. It all started with Congress who then created a 10% SBC quota for Jats and three other castes in Haryana on December 2012. Further Congress led Central government includes Jats from other 9 states in the central OBC list on 4th March, 2014. As it clearly flouted the rule of 50% slab of reservations declared in Indira Sawhney case, it was stayed. This agitated the defeated Jat-led rival parties and instigated violent measures to pull the government down. Meanwhile, Manohar Lal Khattar of BJP becomes the first non-Jat chief minister of Haryana in 18 years.
  2. Supreme Court ruled against the reservation of Jats from 9 states in the OBC list on 17th March 2015 and Punjab and Haryana High Court did the same striking the 10% SBC quota implemented by Congress-led Hooda Government. These series of rejections didn’t go down well with the Jat community and led to Sarva Jat Khap Panchayat of Jats on January 2016. In the beginning what seemed to be peaceful protest turned out to be a political plot laid down by the defeated political parties with a motive of disturbing then running government in the state.
  3. Protests turned violent on 12th Feb, 2016. Jats reservation movement turned violent and scathed crores of rupees in flames. There were incidents of rape, organized loot, vandalizing both public and private property and even schools were not left, the most shameful thing about the entire incident.
  4. Khattar government succumbed to Jats violent protest and finally passed the reservations in assembly; 10 per cent quota in class III and IV posts and educational institutions and six per cent quota in class I and II posts to Jats, Jat Sikhs, Rors, Bishnois, Tyagis and Muslim Jats in Schedule-III. The reservations passed the upper ceiling of 50 % and hence stayed by the Punjab & Haryana High Court.
  5.  Haryana Government Approved Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill on March 29, 2016 and notified the Act on May 13, 2016.
  6.  Reservation Share: OBC’s 27%, SC 15%, ST 7.5%.  Total 49.5% of the seats are reserved for these groups. State governments on many occasions have tried to make 50% reservation which always have been stayed by the apex, Supreme Court. 

Temperatures are soaring high and anything can happen in Haryana. SYL issue has further worsened the security conditions for nearby states like Punjab. Law Enforcement agencies are under tremendous pressure to curb the anti social elements in garb of protests and previously also common public has faced the harassment in hands of these individuals.

Know How Tamil Nadu has been able to get 69% Reservation – 50% OBC, 18%SC, 1% ST? Subject to judicial review, immunity to only those passed before April 1973, parliament placed TN reservation bill in ambit of schedule 9 by 76th amendment act. Schedule 9 of the Constitution – what you put there stays there, Article 31-b.

It is expected from the people to maintain peace and harmony and not to take law in their hands. Lets’ try to maintain peace and order in the state, please people. 

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COURT MARRIAGE AND MARRIAGES IN CHANDIGARH

February 15, 2017

Valentine’s Day just got over and now, I am here to talk about marriages. Isn’t that interesting? Many of the couples tie knots on this special day of Valentine with their beloved, promising them unconditional love, support and happiness for years to come.

When it comes to administration, governance, and management; there can be no substitute to amazingly beautiful and serene place like Chandigarh. One who comes here never wants to leave the city and that’s one of the prime reason government servants don’t opt for posting when they are here.

Marriages are made in heaven and solemnized on earth stands true for court marriages. With people eyeing to settle abroad need proof of their marriages and that’s why registration of a marriages is vital. This post covers in details; how to register your marriage and opt for Court Marriage as an option.

Marriages are currently registered under Hindu Marriage Act, 1955 and Special Marriage Act, of 1954.

This post lays out steps to register marriages under HMA, 1955.

  1. How to Register your Marriage

It’s pretty easy when Chandigarh Administration is on your side. Bringing you the snippet straight from the Chandigarh Administration website, here is the infographic. 

And here is the link for your cross reference- http://chandigarh.gov.in/how_marriage.htm

Application form for ready reference - https://www.dropbox.com/s/k2b9vswamprjuld/Marriage%20Form.pdf?dl=0

Once the marriage is registered you can verify it online- http://chandigarh.gov.in/how_verifymarriage.htm

B. Court Marriages

In Chandigarh, court marriages are performed in the DC office Sector 17, top floor MA room. Just go and visit the office and take a suitable date for your marriage. Ensure the appointment is put in writing into the register. Then on the respective date along with three key witnesses from both sides (Girl & Boy), get your marriage registered in the Marriage Registrar’s office after paying a nominal fee. Once the marriage is registered, you’ll be issued certificate of court marriage which is valid throughout the country and globally.

 

Time Limit- There is no such time limit to get your marriage registered.

Fees- The fee to be paid to government is very nominal.

Validity- Certificate is valid for forever.

 

Disclaimer: The information mentioned above is only for informational purpose and user is advised to consult professional, lawyer, attorney or government office before proceeding in this matter. 

 

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Jallikattu Ban stirs incessant war between Animal, Sport and Culture lovers!

January 26, 2017

Bulls definitely are the hottest and controversial topic in the running year 2017.Only God knows in this situation who is right and who is wrong. On one hand, we are trying to make this world more livable, affable, and full of care and brotherhood for each other, our culture and traditions are not letting us leave the old as they say ‘old is gold’. But who stays to see old remains gold is another interesting thing to watch. I was told, cultures are built first and then lived and every new culture has to go through the test of time which is now.

When was it banned first and subsequently- Justice R. Banumathi first banned the sport on March 29, 2006 as a Madurai Bench of Madras High Court, and Justices K.S. Radhakrishnan and Pinaki Chandra Ghose of Supreme Court banned it on May 7, 2014 citing harm to human lives as the core reason to ban.

Now that Tamil Nadu has promulgated the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017 which seems to be untenable at the moment.

Let’s take the legal view of the situation here:

  1. Article 51A(g) puts fundamental duties on humans to protect all living creatures including bulls. This prohibits any kind of beating, driving, over-loading, tortures, pain and suffering etc.
  2. Supreme Court (SC) put down the Tamil Nadu Regulation of Jallikattu Act of 2009 on similar grounds.
  3. The present Ordinance discusses preservation of heritage of Tamil Nadu to ensure survival and well being of native breed of bulls. Part of cultural heritage is already been declared untenable by SC. The only test remaining left is how ordinance will stand survival of native breed. It is also difficult for SC to survive the current ordinance if it is challenged.
  4. Sec 11(3)(E) of the Prevention of Cruelty to Animals Act, 1960 prevents infliction of only ‘unnecessary’ pain or suffering on animals and that permits killings of animals for food with a condition that animals should not be subjected to unnecessary pain or suffering while being killed.
  5. Now ordinance by state government under Art 213 of COI when assembly is not in session and governor is satisfied, Ordinance have to approved by state legislature within 6 months.
  6. Art 251 – in case of concurrent list – law passed by parliament will prevail over state law. Central law succeeds over state law  which is Prevention of Cruelty against Animals Act, 1960. Tamil Nadu Regulation of Jallikattu Act was passed  in 2009.
  7. SC struck the provisions in 2014 under 254 (1) .State ordinance can prevail if it is not contrary to central law. Subject to judicial review and can be challenged in court.
  8. Strict provisions in ordinance should be there to ensure no animal cruelty, compliance to Animal Welfare Board of India (AWBI), and contraventions should be punished harshly.
  9. State Government against Central government can be promulgated if the president sanctions it but subject to courts scrutiny under Art 254 (2). Theoretically possibly making it as sport, SCHEDULE 7 of COI (CONSTITUTION OF INDIA) – State Government has exclusive power to make laws for the subject.

But after this ordinance, a legal case will ensue for sure.

SC has pronounced JalliKattu intrinsically cruel to the bull on previous occasion. Matter is sub judice, only a watertight law that can stand this legally complex challenge. Till then, just wait-watch.

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How to make HeadNotes for Law Students

January 20, 2017

 

For a law student this must sound familiar; do you know how to write headnotes? Every big law firm will shoot you this question and if you know it, you’ll get brownie points, straight!

Recently, I faced the same question at one of my interviews at the most reputed law firm in Mumbai. It was a really nice experience in knowing what you know and what you don’t.  Interviews are always a good way to know about your shortcomings, isn’t it?

The main purpose of a headnote is to save time to get straight to the law point. It is an index to a judicial decision.

Opinion and comment are never a part of the headnote. The elements of headnote are:

  • Listing of authorities
  • Useful points
  • Clear writing and preciseness
  • Law point or question of law

How to write headnotes:

1 Write the Major Acts first like COI, CrPC, IPC

2 Differentiate the points with – double dash

3 Write full forms first time like Section, full name of the Act and acronym

4 Phrases and words especially for latin terms, you can write them separately

5 Follow the procedures, what comes first should be written first e.g. reinstatement and back wages

6 First letters capital and tell the relevant para’s from which the excerpt is taken

7 Always write in past tense, no present tense, Be grammatical correct.

8 Mention question of law rather than facts. Write with tags where judgment can be found.

9 You can write sub points in the judgment with a,b,c pointers, and Keywords.

10 Avoid using and in the keywords.

11 Create you unique style of writing dates, years, commas pattern will help you differentiate.

12 Take parts from the judgment using held and can use it as it is.

More to come. Stay tuned

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Drivers Caution: Do you know the amendments in Motor Vehicle Act?

January 10, 2017

The new amendment in Motor Vehicle Act will make defaulters pay heavy and repent for their offence. The new amendment comes at a time when deaths in the country owing to road accidents are on all time high. These measures were much awaited and this will go on making a huge impact on future generations to come.

According to news18 report, out of 5 lakh road accidents every year, 1.5 lakh people lose their lives and the amendment is to be seen as measure to reduce fatalities by 50 percent.  The biggest relief is now to victims of hit & run cases where the compensation has been increased from Rs. 25000 to Rs. 2 lakhs. In case of severe fatalities the compensation can be enhanced upto 10 lakhs.

A big jolt is coming for the traffic rules violators and perpetrators who believe in flouting rules and showing disrespect to the law of land. Beware, the fines are heavy and may lead to suspend of your license on first instance. Better see them with your own eyes in the infographic below: 

www.pib.nic.in – Table Source

Well, that was just about the fines, even the imprisonment has also been enhanced related to various offences. More it includes, naming and shaming, community service- a modest beginning and much stringent provisions for repeated offenders.

The new name given to bill is; Motor Vehicles (Amendment) Bill 2016 which has got the consent of one house is waiting to get cleared in winter session. The new amendment proposes stiff penalties for drunken driving, driving without license, over-speeding, dangerous driving, overloading and other serious offences.

The next change is coming in the issuance of the fresh licenses. The way is automated testing, issuing online learner license, quick registrations in licensing department, improved driving conditions and better traffic management.

In the present act, out of 223 sections, 68 sections have been amended and chapter 10 has been deleted with new provisions in chapter 11 to simplify third party insurance claims and settlement process.

A major setback for the parents and guardians of Juveniles; they will also be tried with juveniles and booked for the offences committed. Apart from this registration of the motor vehicle will also get cancelled.

All in total, this indeed is a historical step as hailed by almost every publishing house of the country whether paid or not paid by the government in making roads safe and save lakhs of innocent lives each year. 

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Privacy Policy 101

December 14, 2016

 

Here in this post, we’d discuss how you can frame privacy policy for your website in easy steps.

  1. Acceptance Note- Start with your organization name, website and name on the app store and declare as it is on the website. Write a brief intro about the privacy policy and why it is important for the users to read it.
  2. Declaration- Warn the users to continue only if they agree to privacy policy else discontinue.
  3. Personal Information- Define the ambit of personal information, how it is being collected, examples, used, shared, retained, updated, deleted and performs other necessary functions of the website. Also mention how it is being used with third party vendors. In event of purchase the information gets carried to the buying company.
  4. Aggregate Information- Also called as non personal information which gets collected incidentally. In spite of due care and caution, it gets collected and used vicariously.
  5. Changes to Policy- When does the policy updates and on regular intervals of time. Last Updated.
  6. Cookie Management/Google Tracking- Differential information is shown to the user based on preferences and past behaviours.
  7. Part of Terms and Conditions- This privacy policy should be read with as a part and parcel of terms and conditions.
  8. Opt-Out- Unsubscribe from all the communications from the company. For 3rd party, do it separately.
  9. Contact- In case the user wants to know about privacy policy in details, share the relevant email address.

Rest, the privacy policy can be trimmed and customized as per the industry and use case but more or less the policy revolves around the topics suggested above.

If you’ve any questions related to privacy policy or want your privacy policy to be reviewed, do write to us at advocatesatish@gmail.com . We’d love to hear your views and comments below. Stay tuned for the next post. Coming soon. 

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GST BILL- ALL YOU NEED TO KNOW!

December 14, 2016

 

An indirect tax reform which aims to remove the tax barrier between states and create a single market. Come April, 2017 and there will be only single taxation on Goods and Services system which is GST.

Here are the 7 pointers:

1 GST would be only applicable to supply of goods. Hence, all other forms of taxes have to go. Be it VAT, CST, Entry Tax or any other tax levied by states.

2 GST will follow dual system- Centre and States would unitedly apply GST on goods and services.

3 Custom is not a part of GST, and will follow the same pattern.

4 The present cost of 2% CST will not be applicable any longer as IGST would be totally fungible in the Destination State.

5 GST is consumption tax, accrued to state where consumer resides.

6 Liability of GST would arise at the time of supply of goods and service.

7 The lowest rate proposed is 6 percent, with two standard rates of 12 and 18 per cent. 

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7 Things you should know about Cheque Bouncing

December 14, 2016

 

Negotiable Instrument Act, 1881 is applicable for the cases of dishonour of cheque. It is a criminal offence with imprisonment upto 2 years or maximum twice the amount of cheque as fine or both.  Drawer writes cheque, payee gets the amount and Drawee (bank) is directed to pay.

1 Legal Notice to the drawer within 30 days of Cheque Bouncing and to pay the amount within 15 days, else the legal proceeding s would be initiated.

2 Preserve the proof of legal notice sent via post or registered AD along with Bank Memo and Original Cheque.

3 After lapse of 15 days of period, file the complaint before a magistrate within 30 days time period. The complaint includes original copies of Cheque, Bank Memo, Authority letter, and Notice copy with acknowledgement receipts. Don’t forget to include the court fees along with the Memo (Process Form/Checklist)

4 Jurisidiction- The case can be instituted where payee maintains the account at home branch or if delivered over the counter, then where drawer maintains the account. For multiple cheques against the same person, the cases would be filed in the same court.

5 Maximum 3 cheques can be clubbed in a single case.

6 Cheque is issued towards discharge of a debt or legal liability and cheque should have been returned or dishonoured because of insufficient funds in the drawer’s account.

7 In cases of material alteration in cheques,  Sec 138 is not applicable. For recovering the amount, Civil suit can be filed and offence of cheating can be added in the complaint.

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