Complaint is an allegation that a wrong has been done or a grievance suffered. According to Black’s Law Dictionary, a complaint is the initial pleading that states a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief. The term ‘complaint’ is most generally … Read more
Arbitration is the process of resolving disputes between or among the parties through the use of one or more arbitrators rather than courts. It is an alternative to litigation as a dispute resolving mechanism. The term ‘arbitrator’ had not been defined in the Arbitration and Conciliation Act, 1996 nor was it defined in the old … Read more
The Right to Information Act was passed to empower the citizens of India, bring in transparency and accountability in the working of public authorities and control corruption. Through exercise of right to information, people are now better informed and equipped to keep necessary check on authorities and make government more accountable to the people for … Read more
Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same. According to the IPC, Section 420 states that whoever cheats and thereby dishonestly induces the person deceived to deliver … Read more
Daughter’s Right To Property Post 2005 Amendment To The Hindu Succession Act, 1956 India has been a land of discrimination for the females as against their male counterparts since history. Be is compelling the daughter’s parents to pay off a hefty amount to get their daughters married or be it charring them to death by … Read more
Government employees can claim pension only if they have completed a minimum of 20 years of service, the Central Administrative Tribunal (CAT) has held. Qualifying service is essential for a government servant to claim pension as there is no relaxation permissible,” the CAT, headed by Vice Chairman M Ramachandran, said. The Tribunal passed the order … Read more
The FIR (First Information Report) is the first and the most important document to set the process of criminal justice in motion. The definition of FIR is given in S. 154 of Code of Criminal Procedure (CrPC). It is basically a written document prepared by the police when they receive information about the commission of … Read more
Do you know being an employee, you are one of the operational creditors who can recover dues through National Company Law Tribubal (NCLT) established at Chandigarh. The newly made Insolvency Banking Code (IBC), 2016 allows creditor to start insolvency proceeding against a corporate debtor for dues as low as Rs 1 lakh. Once the application … Read more
Now that RERA is here what about appeals to RERA Appellate Authority in Punjab and Panchkula, Haryana. The RERA Act itself mandates the formation of such authorities where appeal against RERA Authority and Adjudicating officer should lie. RERA is a game changing legislation for Indian Real Estate Market which can be seen from the recent … Read more
Disciplinary Proceedings against a Govt. Servant: Procedure thereof Government Servants play a very important role to run the administration of the Country. They are important constituents of the administrative set up of the nation. They are pillars of the Govt. departments on whose shoulders the responsibility to implement the Govt. policies lies. They provide public … Read more
Currently, the Army pays up to 33 per cent of pay and allowances as maintenance on the spouse’s application. The orders to pay the allowance are routinely passed by officers at the level of GOC-in-C of a Command. Also Read- ILLEGAL TERMINATION IN INDIA The Chandigarh bench of the Armed Forces Tribunal (AFT) on Friday said … Read more
The origin of arbitration may be traced back to the system of village panchayats in the Ancient India. The ‘Panchas’ sitting collectively as ‘panchayat’ and delivering decisions on various matters of the village, commanded great respect and their decisions were accepted and obeyed unquestionably. During the 20th century, the arbitration in India was governed by the … Read more
RERA is your gateway to protection, quality assurance, transparency , timely delivery and swift legal . RERA has changed how reality transactions once used to take place. The Act fosters discipline, accountability and standards amongst the builders in Real Estate Industry of India. Not to forget penalties and offences under the act for non compliance … Read more
Dismissal from a government job is not that easy unless complied with statutory rules , order and principles of natural justice where the delinquent employee is given ample opportunity to take defence. The matter pertains to dismissal of a Chandigarh Police head Constable who was found drunk on duty and later misbehaved with the truck … Read more
Directions from High Court are pretty much necessary for registration of FIR if police party is not inclined to support your case. This is what exactly happened in this case. Shopkeeper, complainant being assaulted by known traders made a complain to police regarding forceful entry into his shop and manhandling by them. Police taking matter … Read more
It is a matter of great joy and relief for a blind seapoy whose disability pension has been allowed by the AFT Tribunal Chandimandir after a long haul of 48 years . It took a real long time for blind seapoy to finally get the justice done. Seapoy worked in army only for two years … Read more
Buyer can’t be forced to live in an isolated place while other parts/area of the project is not developed held RERA Punjab in a case ; Sanjay Sharma vs Omaxe Chandigarh Extension Developers Pvt. Ltd . Hence the RERA Authority of Punjab held there can’t be occupancy certificate (oc) sans completion certificate (cc). It is … Read more
Sexual harassment is an unwanted intrusion of a sexual nature in the personal space of an individual. Although a large number of complaints are by woman, sexual harassment is not limited to woman alone. Some studies show that every Indian woman faces some kind of sexual harassment at some point in her life. This sexual … Read more
Children all over the world are recognised as assets of the state, the future of the states lies in the hand of these young minds. Unfortunately due various social and economic reasons the young generation indulge in illegal acts. With no proper knowledge and care, with lack of opportunities these youngsters ruin their future and … Read more
In what would come as a major relief to many battered women, the Supreme Court on Friday amended an older judgement on provisions of Section 498A of IPC that pertains to domestic violence and dowry harassment. The three-judge Bench has removed the rider of a welfare committee and said that if police thought it necessary, … Read more
The Real estate (regulation and development) Act 2016 had come into force to regulate the real estate sector of the nation. And since the past two years it has played a major role as well as been a topic to daily discussion for a huge amount to citizens which seems obvious in a way that … Read more
Dowry as a practice is prevailing in society from the times immemorial. Dowry needs to be understood clearly and in right way. Dowry if taken in right sense it means the gifts given by the family to the bride for the future uses or to any other uses as well those gifts can be used … Read more
A person is entitled to basic amenities of life like food, clothing, shelter and other necessary requirements to live a dignified life. Under the principles of social justice, it is the natural duty of a man to provide these amenities to his wife, parents, and children in form of maintenance. The Indian law laws down … Read more
INTRODUCTION- Drugs or substance abuse is in rise in many countries. A lot of money is spent not only nationally but also internationally to prevent drug use, treating addicts and fighting drug-related crimes. As drugs threaten many societies, their effects can also be combated successfully by the approach of police manpower and enforcing the law … Read more
Indian Constitution provides right to equality to both women and men. But in practice women are discriminated against both in their homes and outside. Discrimination, on most of the times, includes elements of harassment and violence against women. More often than not physical harassment takes the form of sexual harassment or sexual violence. The term … Read more
A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased. In the case of Muthia vs Ramnatham, it was held that the privilege of certificate … Read more
Every work done must be within the framework of law and hence must be legal and not illegal which can cause troubles in future. Thus, one must have knowledge about the legality and provisions of gift deeds before producing it. WHAT IS MEANT BY TRANSFER OF PROPERTY AND WHICH LAW DEALS WITH IT- The transfer … Read more
The present day economies of the world which are functioning beyond the international boundaries are relying to a very great extent on the mechanism of the negotiable instruments such as cheques and bank drafts and also the oriental bill of exchange prevalent in India, known as ‘hundis’. Since cheque plays an important role in business … Read more
In today’s world we enter into numerous litigations with individuals/firms wherein filing of a civil suit becomes imperative which we do generally file. Some individuals/firms enters into litigation straightaway while others opt for serving a notice upon opponent of giving out intention of filing of a civil suit/complaint in court of competent jurisdiction. There are … Read more
It is the mandate of a service law that a show Cause Notice must be served to delinquent employee Before initiating any departmental proceedings against him. Read Story – RESERVATION IN PROMOTIONS OF SC/ST Here recently a gambling racket was discovered in a 4 star hotel of Chandigarh administration and pursuantly the hotel authorities have taken … Read more
1 What is RERA? Real Estate Regulatory Act, 2016 came into force with full effect only on May 1, 2017. It is an act meant to regulate Real Estate Sector/Industry in India. Check – http://legalseva.net/demo/entries/rera/rera-for-the-home-buyer 2 What types of complaints are filed in RERA? Complaint to Adjudicating officer regarding compensation (N), RERA Authority (M), Appellate Authority … Read more
SC Court has upheld the decision of AFT Tribunal Lucknow of setting aside ‘Punishment of Reprimand’ on Charge of retaining electronic items recovered during Operation Bluestar in Amritsar. Also Read- ARMED FORCES TRIBUNAL ACT, 2007 Timeline of the case: 1 Chief of Army Staff refused to give substantive rank of Lt. Colonel by timescale to applicant … Read more
Yes. It does. Isn’t it great! Now that you have brought an office space , shop or a commercial unit, you don’t have to dread about where to go? RERA is the place. Your new destination for relief. Times are gone when people have fears of consumer court dismissing their complaint on account of being … Read more
Thinking about marriage, registration of a marriage and then applying for visa or thinking of going abroad, this post might just help you. My biggest challenge when I deal with clients enquiring about marriage registration, court marriage or love marriage protection matters from High Court Punjab and Haryana in Chandigarh Panchkula Mohali Zirakpur Derabassi is … Read more
Before buying any property in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi Mullanpur Garibdas, the most important step is that of a verifying Title Search of the Property. The questions to be answered are: Also Read- CHECKLIST FOR BUYING PROPERTY IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR DERABASSI KHARAR BADDI 1 Whether the seller holds the ownership in revenue … Read more
No Divorce is easy be it online. Considering the pace at which divorces are happening in India the day is not far when divorces will happen online but not yet. So relax and chill. Just because you searched ‘How to get Divorce Online in India ‘ doesn’t mean you will get it. India is still … Read more
When RERA was introduced, homebuyers got a huge sigh of relief as now they could expect faster delivery of possession of their intended plot, home or a flat within the time frame stipulated under the builder-buyer’s agreement. RERA is indeed a boon for consumers and homebuyers across the country. Also Read- RERA Panchkula Penalties RERA is … Read more
RERA Act envisages provision to issue Recovery warrants in case builder/developer fails to comply with RERA Authority orders. Sec 40 of the RERA Act provided for Recovery of Interest or penalty or compensation and enforcement of order in Real Estate (Regulation and Development ) Act 2016. Sec 40 (1) enables RERA Authority to recover amount … Read more
The word bail stands for a conditional release of an accused on trial which is usually temporary in nature. It is a right given to accused in order to give them a chance to live a regular life even when they are under trial. It is a right given in common law system to ensure … Read more
The Armed Forces Tribunal Act was introduced in the Parliament in December 2005 and was given the final nod by the President on 25th December 2007. This was one of the most significant steps in the history as the act provided for the set up of a tribunal to entertain cases related to armed forces. … Read more
Rape is the one of the most heinous crimes that exists today in the modern society. Rape cases have become so frequent today that it happens at a frequency of an ad commercial which is worst. The standard of society is deteriorating and so as moral. There can be n reasons for the cause but … Read more
Life is so precious; preserve it as you are not alone here. Driving on the roads carrying one’s life is not as such easy, as no one knows what will happen next to them. Roads are always your way to Destination but some day it might stuck you somewhere. Various insurance policies and law will … Read more
Introduction Present day crime is upto such an extent that a person is socially harassed even through social media sites. To prevent such misrepresentation many provisions are made by lawmakers to make a check on it Even after Supreme Court invalidate section 66-A (Punishment for sending offensive messages through communication service) of Information technology act … Read more
The main aim of education is to make a person a good human being and the ultimate goal of the long process of education is to earn a livelihood. Due to a heavy increase in population, there is less avenues for a person which makes him worried and disheartened. This gives an opportunity to the … Read more
Custody generally means to take the person into your own authority or under your consideration. Custody is always taken of a person generally living person. Custody of NRI child in a case means: A husband and wife when have filed a petition for divorce and have a child from that marriage then with whom the … Read more
INTRODUCTION A person must get the basic requirements/amenities of life like food, clothing, shelter and other necessary requirements to live a dignified life. It is the natural duty of man to provide these amenities to his wife, parents and children as maintenance when they are unable to maintain themselves. STRUCTURE OF MAINTENANCE LAWS IN INDIA … Read more
Q1.I have discovered that my spouse is in an adulterous relationship? Can I file for divorce for the same? Adultery is valid ground for divorce in India. Adultery is illegal as per Section 497 of the Indian Penal Code, 1860 which reads as under: There must be genuine sex with another person during a current … Read more
Finally Home buyers/ Home owners get creditors status in insolvent firms. From today onwards that is once President promulgate an ordinance to amend Insolvency and Banking Code (IBC), the investments and interest of home buyers are protected when it comes to the insolvency of Builders like Jaypee Infratech, Amrapalli and many more in pipeline. Changes … Read more
Undoubtedly Sexual Harassment is one of the rising crimes in India. All credit goes to changing living conditions, migration of villagers to cities and modernization of ideas and concepts adopted from western society. Live in relationship was such a big taboo in 90s but now it is just the trend. Even people in 2 tier … Read more
Policemen are just like you and me and hate extra work. Do wait for your turn/time they will hear you. Police people are overburdened and short of staff always, irony of this country but some are really genuine and helpful. They will listen only when they want to. Let’s assume you to be innocent and … Read more
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