Section 156 (3) of CrPC states that rules about a police officers power to investigate a cognizable offence. 156 states that: (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station … Read more
ALL YOU NEED TO KNOW ABOUT FIR The statements under section 154 of CrPC are considered to be FIR; this nomenclature is given to the court under section 207 of CrPC, which provides that the statements of section 154 are FIR. The object is to bring criminal law into motion on basis of which under … Read more
Parking spaces have usually been the matter of concern for several buyers and have been a major cause of dispute between the buyer and developer. Also Read- DELAY IN POSSESSION COMPLAINT TO RERA PUNJAB In the premises of the complex there are three different types of parking area Open Parking- These are uncovered parking spots within the … Read more
What is will? On a person’s death his property has to be transferred his heir, and the process of transfer of the property is called as succession. Kinds Of succession- Testamentary- When a person makes a will disposing of his property it is governed by the law. Intestate succession- where the will has not been made before … Read more
HOSTILE WITNESS Hostile witness is a witness who refuses to tell the truth in a court of law after having previously sworn that he would; or if he is open against the party who called him as a witness. The side that calls the witness, be it the prosecution or the defense, believes the witness … Read more
Real Estate Regulatory Act, RERA in short was made to expedite resolution of disputes amongst builders and allottees in a fair, transparent and quick manner possibly within 60 days as the central act says so. But the reality is not far away from the procedural complexities and it is really tight to fulfill 60 days … Read more
In cases where students have to pay the whole year fees to the institutes for the course, and in any circumstances, they demand the refund of fees due to non-continuance of course for the unavoidable situation; the institute cannot deny paying the fee due to the pre-mentioned clause of non-refundable fee. In such cases, the … Read more
Contempt of Court is generally referred as the offence of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. There are two categories of contempt: being disrespectful to legal authorities in the courtroom or … Read more
Yes, the decision came in the case of Sandeep Mann versus RERA Punjab & Anr, Appeal no. 53 of 2018 along with 14 other appeals clubbed together as the issue was common in all. The decision came from Real Estate Appellate Tribunal Punjab on 27.2.2018 by Justice Rajive Bhalla (Retd) as Chairman and SK Sharma … Read more
Getting compensation from Ajudicating Officer of Haryana RERA Panchkula Authority and RERA Punjab is a tough nut to crack as not all complaints filed under Form ‘N’ are able to fulfill the criteria laid down under Sec 72 of the RERA Act. Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY Let us read the … Read more
The Consumer Protection Act, 1986 doesn’t stipulates any bar of sending legal notice before filing a case in District Consumer Redressal Forum of Chandigarh Panchkula Mohali for any deficiency in services rendered by builder but for RERA (Real Estate Regulatory Authority) Punjab and Haryana RERA Panchkula, it is different. Yes, I said it right. Also … Read more
Section 438 of the Code of Criminal Procedure lays down the provisions for Anticipatory Bail. Bail means temporary release of an accused person awaiting trial on payment of bail, defined as Security such as cash, a bond, or property, pledged or given to a court by or on behalf of one accused of committing a … Read more
Defamation means an act of harming anyone’s reputation. As per Article 19(2) of Indian Constitution, Defamation is defined as ‘ the publication of a statement which reflects on a person’s reputation and tends to lower him/her in the estimation of right-thinking members of society generally or tends to make them shun or avoid him/her.’ Also … Read more
PERMANENT LOK ADALAT The permanent Lok Adalat as per the amendment act of section 22-B of Legal Services Authority Act, 2002 has been now established at the district level. This particular body has been established as a permanent body with a Chairman who is either a district judge or has been one, is additional district … Read more
Mutual Divorce was introduced in the amendment of 1976 in the Hindu Marriage Act. This term basically refers to when both the husband and wife are in agreement that they cannot reside together and would like a divorce. Henceforth, the can go to the court and file for a mutual divorce without making any allegations … Read more
What is a Succession Certificate? Succession Certificate is a certificate granted by the Courts in India to the successors of a person dying intestate leaving debts and securities. A succession certificate is granted to the successor of a deceased person who has not documented a will. This certificate helps in establishing the credibility of the … Read more
Dividing assets in a divorce can be a difficult task however the most difficult part in a divorce for a married couple with a child is for fighting for custody of that child. Child custody is a sensitive matter as it’s not just about the availabilities for the child while growing up but also about … Read more
Who is a Proclaimed Offender? A proclaimed offender is a person who escapes the legal procedure against him. The court declares such a person as a proclaimed offender and requires him to appear at a specific time and place in not less than thirty days. Section 82 of the Code of Criminal Procedure defines the … Read more
Demand Notice is a must before initiating Insolvency proceedings under Sec 9 of the Insolvency Banking Code (IBC) , 2016 against any Corporate Debtor is settled by various courts of the country. You can take the help of NCLT Chandigarh Lawyer/Advocate/Legal Advisor for sending Demand Notice on your behalf. He/She may charge you reasonably depending … Read more
What is Maintenance? The dictionary meaning of the word “maintenance” is “the process of preserving a condition or situation or the state of being preserved”. However, in legal terms, it is used to describe the security that a man provides for his (then) wife and children after separation. The word is also used to describe … Read more
RERA is an act enforced in 2016 in order to help the citizens investing in real estate industry. RERA stands for Real Estate Regulation and Development Act. This particular act is to be established in each state for achieving quick end to a dispute related to real estate and further simplifying the investments made by … Read more
Steps to file a Dowry Complaint: Following are the steps to file Dowry and Mental Harassment Complaint under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) and Section 406 (punishment for criminal breach of trust) of Indian Penal Code (IPC): Visit the nearest Police Station and file a complaint … Read more
Now that there are two options before complainant in Haryana RERA Panchkula Authority whether to seek refund or compensation alone, he/she has to file two separate complaints in case he is seeking both. Yes, that’s correct! Two complaints. But why? It doesn’t make any sense. I do understand your difficulty but this is how the … Read more
It has been more than a year that Haryana Real Estate Regulatory Authority (RERA) Panchkula and Gurugram has started functioning and disposing complaints as fast as possible. Though the Real Estate Regulation Act, 2016 provides stipulated 60 days for the disposal of complaints. But before one makes a conscious decision about filing a complaint with … Read more
Specific Relief is a wider concept than Specific Performance. Specific Relief Act, 1963 works on the objective that wherever there is a wrong there is a remedy. It provides specific relief so as toprovide remedy for the infringement of a legal right. The various reliefs provided under this act are Recovery of possession of property, Specific … Read more
The provision of letter of administration is given under the Hindu Succession Act, 1956 to make sure that the estate of the deceased is divided and passed on fairly amongst the family members. From section 8 to 13 the Hindu Succession acts provides for the general rules of succession when a Hindu male dies without … Read more
The Consumer Protection Act , 1986 was solely made for the protection of consumers from unfair trade practices and spurious goods. The Act gave the voice to consumers to protest against any injustice being meted out to Consumers. With the rise of consumerism and online commerce, it is becoming difficult for District Consumer Forums across … Read more
HISTORY Women have been considered to be the weaker sex ever since the inception, no matter if the queen is a women or a president has been a women yet as per history there has always been a male who has managed to dominate them. The reason why women have been considered weak is … Read more
To begin with let us analyze powers of investigation by the police first. Supreme Court in the case of Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors, 2017 dwelt upon the three facets of investigation as follows: (i) initial investigation (ii) further investigation and (iii) fresh or de novo or re-investigation. Initial investigation is the one which … Read more
The Real Estate Regulatory Authority (RERA) seeks to protect the interests of the homebuyers and also to promote investments in the real estate sector. As per the new act, the real estate agencies are needed to register themselves with the RERA to have their normal course of business. The builders have to upload authentic documents … Read more
Now that you filed your complaint online in RERA Panchkula, what comes next? Reasonably, you should wait for 60 days from the date your order is once uploaded on the website. Since the act stipulates 60 days period for either of the parties to prefer appeal before the Haryana Appellate Real Estate Regulatory Authority (RERA) of … Read more
Not everyone knows but it is true that after winning your consumer case in District Consumer Disputes Redressal Forum (Chandigarh Panchkula Mohali ) or State Consumer Disputes Redressal Commission (Punjab & Haryana) you may have to file execution proceedings in the same Court in the event of Opposite Party (OP) not obliging the hon’ble court’s … Read more
The fear of false 498A cases is back as the larger bench has refused to refer matter to Family Welfare Committee and this gives discretion back to police to make immediate arrests. Means , you can be arrested any time. When I say any time, right after the registration of FIR unless police gives notice … Read more
To begin with let us analyze powers of investigation by the police first. Supreme Court in the case of Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors, 2017 dwelt upon the three facets of investigation as follows: (i) initial investigation (ii) further investigation and (iii) fresh or de novo or re-investigation. Initial investigation is the one which … Read more
The prevention of child sexual offences act was formulated in 2011 and was enacted in 2012 in lieu of the increasing knowledge of sexual offences against minors which in India by that time covered approximately 24% of the total offences in our nation to add to it these children have suffered by the person who … Read more
The purpose of Law is not only to punish the guilty but also to rescue the innocent. Sometimes false cases are being filed on the innocent. These cases are frivolous and should not be pursued against the alleged person. Supreme Court and High court has power to quash a FIR such cases. The Apex court … Read more
The Internet has become an integral part of our lives. In the past decade, the use of the internet has increased tremendously which has brought about a significant increase in the number of cyber crimes and online cheating. What is cybercrime? Any criminal activity which is carried out using a computer system or a computer … Read more
Legal heir certificate is a certificate issued by the concerned local authority like District Collector, Additional district magistrate or any local authority who have jurisdiction in the local area authorised by the State or Central Government stating that the person is a legal heir of the deceased person.The person who wants to get a certificate … Read more
In today’s growing world where opportunities are increasing and people are migrating from country to country and from continent to continent for jobs and better facilities for future and for family but sometimes they don’t even think about the environment they are working in also they compromise with the situation for career and lack of … Read more
If the courts have power to grant bails then they also have the power to cancel it. Admission to bail has a risk that the defendant will not reappear in the court if he is given liberty. So the Legislature provides for cancellation of bail under such situation. In the Code of Criminal Procedure 1973 … Read more
Now that Supreme Court has refused centre’s appeal to reconsider its own order of 2006 on SC/ST job promotion to 7-judge bench, there is hardly any confusion left. Supreme Court has made it clear that reservation in promotions is discretionary not compulsory/mandatory. But the judgment has left away with the need of states to collect … Read more
The entire justice delivery system in India is dependant upon Police, an external machinery appointed for the investigation part where as for appreciation of evidence judiciary exists. But very little could be done for litigants on both sides be its petitioner/applicant/complainant or Respondent/Accused/Defendant. So the courts in India started Roster system where cases are to … Read more
The insolvency code came into effect on December 1, 2016 and sought to re-organize stressed assets and in worst case do liquidation of assets so that financial creditors are paid off. Insolvency and Bankruptcy Board of India is the body which regulates insolvency proceedings in India. For companies and LLP’s one can move to NCLT … Read more
It is not always that a homebuyer is the aggrieved party but at times builder out of no fault of his own has to stall projects and cause delay in giving possession. It can be force majeure or government approvals or change of plans. Thus, there can be a situation where refund or withdrawal from … Read more
In Indian Army, every year many applicants are invalidated by the Medical Board by assessing disability on one or the other ground. Usually, it is seen whether the disease in question was attributable or aggravated by the medical service or not? To find it out, Medical Board is formed to assess applicant’s disease and further … Read more
A lot has changed in the Real Estate Sector of India from May 1, 2017 which is when the RERA Act came into force for the state of Haryana. It is only for the benefit of home buyers and consumers that there are two Real Estate Regulatory Authorities in Haryana. One at Gurugram covering all … Read more
Registering your will is the most important thing to do when you are on the brink of old age and if you wish your loved ones could lead a peaceful life after your death. Almost 80% of the disputes after death are related to property amongst the family members. A clear distinction of assets is … Read more
In an effort to enable a safe and inclusive workplace for women, the sexual harassment of women at workplace (prevention, prohibition and Redressal) act, 2013 and the rules therein were implemented. Since the POSH laws are meant to protect every possible working women and give her the means to seek redressal on issues of workplace … Read more
With RERA, homebuyers and homeowners have huge hopes. Haryana RERA Panchkula Authority is on the path to prove it, undoubtedly. Seeing quick disposals by the Panchkula RERA Authority, justice is now within the reach of consumers. Now how to check registered projects with RERA Panchkula? 1 Visit the RERA website first and foremost. Here’s the … Read more
WILL Registration is one of the most easiest and simplest of legal tasks that an advocate or lawyer undertakes everyday but the importance of making a WILL cannot be subsided. Just because the elders were lazy enough, their kids have to fight like dogs in the courts to get their share of the property which … Read more
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