Being an advocate myself, I wonder at times, what sorts of matter would come to this court and why? But now with passage of time, I just know it which matter would be in High Court Punjab and Haryana and which will be before Central Administrative Tribunal Chandigarh. Central Administrative Tribunal (CAT) was established to … Read more
Property buying in India is fraught with many legal risks as there are so many complications and factors to consider before taking the final plunge into real estate world. It is only after the purchase that buyer realizes; many other aspects of property could have been looked into before making the final call and ensuring … Read more
This time ‘ATS Green Golf Meadows’ has to face the music from Punjab State Consumer Dispute Redressal Commission for causing delay in possession of the unit to consumer who had approached the forum on account of deficiency in services. See Also- CONSUMER COURT- A QUICK GUIDE FOR TRICITY Facts 1 Applicant booked the plot in 2005. … Read more
Renu (name-changed) aged 26 years recently got married in December 2017 to an engineer by profession only to discover later that he was not an engineer and running business of spare parts and goods. Still Renu opted to keep mum on this but later when she discovered another aspect that her sister in law is … Read more
To anyone who is employed, job is very close to his or her heart. It let’s an individual pay his bills, basic needs and above all to live his life with dignity as being unemployed is seen as a jinx to the society. One must read the employment terms and conditions before joining any job. … Read more
This was the first question that people asked when RERA was introduced. What’s going to happen with pending complaints? Would consumer courts stop entertaining the complaints against builder? The answer was No. Fortunately! See also- HOW TO MAKE COMPLAINT UNDER RERA It was left at the option of consumer to choose the platform of redressal. Sec … Read more
Introduction-Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the … Read more
We must end corruption at all levels but must not ignore the version of other side when corruption cases are brought before the court. It is seen on many occasions even the innocent government servants are implicated in the garb of PC act or a false graft case in short. Not only has the person … Read more
Adoption of a Child in India is not as easy as it seems due to socio-legal complications encompassing the adoption process. One must comply and adhere to the requirements to fulfill legal obligations and avoid multitude of problems. Adoption in India is governed by three Statutes: 1 Hindu Adoption and Maintenance Act (HAMA), 1956- for … Read more
First don’t panic. This is the best thing to do. Now, talk & engage one of the best/top Cheque Bounce lawyers of Chandigarh Panchkula Mohali District Court. NI 138 Legal Advisors/Attorneys will guide you the best by giving expert advice on Cheque Bounce offence. How to get Bail in Cheque Bounce cases– Since the Negotiable … Read more
First Let us understand What is Probate? -Probate means copy of the WILL certified under the seal of a competent jurisdiction where the asset lies (mostly district court and then High Court) issued under Indian Succession Act, 1925. An application issued to competent court of pecuniary jurisdiction (District Court or High Court) under section 57 and … Read more
It is so important to create a WILL today seeing the number of disputes amongst the family members in courts. Moreover for getting your share even you have to spend money and time which further causes pain and frustration. That’s why the importance of WILL seems so unavoidable today. Also making a will is a … Read more
Freedom is priceless. Just ask any prison inmate who has not seen the world outside for years. For us, even spending one single day in the jail send shivers across the spine. But world is not so rosy as it seems in the movies and sometimes shit happens and that shit can land you up … Read more
In a recent case where High Court of Punjab and Haryana has issued notice to CBI , DGP UT in a case of whopping Rs 21 crore immigration fraud, this is just the tip of iceberg. Foreign Horizon Overseas Consultants is stated to have cheated 373 people of Rs 21 crore. That’s huge. … Read more
Life is unpredictable so as life partners. You won’t have until you live it. I mean when you get married only then you can make out what one goes through. It is not just about sharing beds, closets but about your life. So never hurry while getting married nor even getting a divorce. Mutual is … Read more
Getting Free Legal Advice and that too Online is no big deal in today’s time. All thanks to legal websites, legal/law startups and law finders that are empowering consumers about the legal knowledge and awareness about laws of the country. Contribution of Google in enabling these legal startups is immense. Now you can get solution … Read more
No trial in any Court of Law in India be allowed to continue if the ends of justice are not met. This particular statement is cornerstone of our Criminal laws in the country which is IPC akin Indian Penal Code & CrPC (Criminal Procedure Code). But often it is seen that cases with malafide and … Read more
There are numerous instances in a business in which a person possessing a confidential information wants to share it with other person or entity. That person may be a buyer, an employee or any entity. The main question in such situations arises as to how will the party receiving such information ensure to maintain its … Read more
Chandigarh is a scary place for violating traffic rules. Isn’t it? Ask anyone coming from a different state in Chandigarh. No one can better answer this question than him. But we love the city administration, its strict adherence to the traffic rules and finally the residents who have had made this city most livable and … Read more
Landlord-tenant dispute is so very common but it is real difficult to evict the tenant out in India but not any longer. This was earlier the case. Now the law is entirely in the favour of landlord if he has a bonafide need or personal necessity, he will get it soon for sure by following … Read more
H-RERA in short, Haryana RERA has brought gamut of facilities for home owners and real estate sector facilitators. With H-RERA 60 day window to resolve the builder-buyer dispute is the key attracting point for home buyers seeking redressal under Real Estate Regulation Authority, 2016. View the notification here. Also Read- Builder Delaying Possession. What is your Right? … Read more
Police not filing FIR, Police not taking action, Police not taking charge sheet, Police not registering FIR complaint, non registration if FIR, and many more… This is pretty usual for criminal lawyers and advocates to hear every day in courts from client but what they suggest to their clients is what makes the difference in … Read more
With the enactment of Insolvency and Bankruptcy Code, 2016 (IBC), the process of recovery of a debt owed by a Corporate entity towards any person or entity has become easier and time bound. IBC provides for a specialized mechanism and forum for recovery of corporate debt for an amount as low as Rs. 1 Lakh. … Read more
Whether a Bank or a financial Institution (NBFC) who has been successful under SARFAESI Act to take over the possession of a secured asset (Immovable Property), once a loan becomes NPA, automatically get the same right over the tenants in the premises of secured asset? Securitsation and Reconstruction of Financial Assets and Enforcement of Security … Read more
Straight to Fact- Everyday in Consumer Courts across the country, more than 50% case in daily causelist are against builders, real estate projects promoters, Property Developers and new upcoming mushrooming societies that promises consumers to get modern living apart from other high end civic amenities like Gym, Club, recreational centers, Parks, Shopping , etc…. List … Read more
Nidhi (name change) was recently married to her love, Rohit (name change) after a long tenure of 4 years of dating and companionship. Like all other couples in big cities, they took time and then plunged into marriage. Remember there are no guarantee in today’s world. Be it marriage . Nidhi and Rohit hails from … Read more
As per Hindu Marriage Act (HMA) 1955, petition under section13-B to which we say Mutual Consent Divorce is to be filed in the Court of District Judge or similarly situated Additional District Judge. Read my post – Why Mutual Divorce is best way of Separation Legally. Presently the court of Zirakpur and Derabassi that happens to … Read more
Authorities refusing to change your Date of Birth, remedy is to file WRIT of Mandamus before High Court and get specific directions. Date of Birth indeed is the most important document in your life. Your age sets your eligibility for so many things to come into your life just in time. At the age of … Read more
Between both of these, there is a very thin line difference. To know, first let us understand What is legal representation? For Legal Notice you may read this straight – When, Why and How to Send? Legal Representation can be used akin to legal notice but the former is softer approach to tell your grievance to … Read more
After the judgment of Supreme Court in Amardeep Singh vs. Harveen Kaur (2017) 8 Supreme Court Cases 746, 6 months of statutory cooling off period as specified in Section 13-B(2) in addition to the statutory period of one year under Section 13-B(1) can be waived off at the discretion of District Judge or Addl. District Sessions Judge, … Read more
CRIME. What’s that? An action or omission which constitutes an offence and is punishable by law. In India, Indian Penal Code popularly known as IPC illustrates what can be an offences and states the punishment accordingly. Also read: Transfer of a Criminal Case from High Court Chandigarh Crimes can be against the state, property, individual, Forces, … Read more
Supreme Court in a pending matter before it concerning protection of couples who have married against the wishes of their parents has reaffirmed that no person can threat , injure or interfere in lives of a couple once married whether or not married outside their caste or faith. Petition filed by centre demands for special … Read more
More than 7 months have now gone after the landmark judgment/order of to judge bench of 2 Judge Bench of Supreme Court as passed in Rajesh & ors. Vs. State of U.P. & Anr. issued new guidelines to prevent further misuse of section 498A of IPC meant to protect women being harassed for dowry and facing cruelty … Read more
Legal word itself is scary what to say of legal notice. Just as every fight begins with a slap same can be said for court case with sending a legal notice must. Though its not mandatory (cheque bounce exception) but it helps you test the waters and know real intention of the parties. Also read- Cheque … Read more
Criminal Cases from one court to another can be transferred under criminal provisions of law being followed in India which means CrPC in short i.e. Criminal Procedure Code, 1973. The relevant provisions are from Sec 406 to Section 412, Chapter 31 of the Code. For those of you interested in reading the bare act itself … Read more
IAS (Appointment by Promotion ) Regulation Act 1955 and IAS cadre rule 1954 are the applicable rules and regulations. CAT Tribunal is entrusted with dealing service matters of government employees. The state cadre employee once finishes 20 years can be elligible for IAS Cadre of the state for vacancies arising in the present year. The … Read more
Before reading anything, let us understand Parole in most simple words. Parole is a temporary release of a prisoner for a special purpose or reason before the completion of the sentence in accordance with the relevant jail rules being followed. Prisons Act of 1894, Section 5(A) speaks about Furlough and 5(B) talks about Parole. The … Read more
How is Compensation being calculated under Motor Accident Claim Tribunal (MACT) Be it Life Insurance, General Insurance, Health Insurance or even Motor Accidental Claim Insurance can ever compensate the loss of a loved one but it can make the family recover from such a grave loss by awarding adequate compensation. In India, compensation claim can … Read more
The rise of Consumerism in India is evident from the fact that consumer spending in India has reached more than 18000 INR Billion in terms of consumer spending as per reports submitted by TradingEconomics. A big thunder clap to all consumers out there in India who happens to read this post. The Consumer Protection Act, 1986 the statute itself … Read more
Hindu Marriage Act, 1955 provides provision for Mutual Consent Divorce in India under section 13-B to its citizens married under Hindu law staying in India or be it abroad in countries like Canada, America (USA or States we call), Australia, New Zealand, European Countries, UAE, and where so ever Indians are currently residing across the … Read more
Proclaimed Offender or PO is a dreaded word for every respectable citizen whose name is unnecessary dragged into a criminal case and now he fears arrest anytime. In case, the one who is reading this post is declared ‘Proclaimed Offender’ anywhere in Punjab, Haryana or Chandigarh, this post of mine would bring immediate relief. 1.Who … Read more
Recap- Quashing is term given to orders by High Court in general under Section 482 of CrPC exercising inherent powers where criminal proceedings before Trial Court (District Judge, Judicial Magistrate or Session Judge) are dropped or rejected as no prima facie offence is being made out and chances of accused committing the crime is to … Read more
Divorce is bad be it any (Mutual or Contested ) and the lawyer who does it for living is equivalent bad. Strictly no mercy on him. He is the most evil soul on the planet as he breaks the home of many for his living but that’s not entirely true. We all have shades of … Read more
Service matters are complicated and it is difficult to pursue strict compliance of rules and regulations wheresoever meritorious is to be promoted above hierarchy. In these situations often discretion is exercised that becomes suits in court which is the prime cause for rising disputes at workplace. What should be your first step in these service … Read more
Housing sector has finally got real estate regulatory mechanism to dissolve buyer-seller disputes. Every state is being directed to frame up rules and start enforcing RERA. Haryana has made an interim authority while Punjab has made a final authority. The aim is to bring transparency and accountability back to Real estate sector. Once the complaint … Read more
Registration of a marriage has been made mandatory by State Governments. Getting marriage registered is as important as picking a place for honeymoon. So be it Zirakpur. Being myself resident of this place, which is becoming quickly a place of prominence (CCC awaited) and illustrious VIP road, I believe residents should be aware of the … Read more
Police authorities not registering your complaint. No action if registered. Even SSP dilly dallying the procedure. OK. The private complaint is filed with Magistrate against accused but trial moving dead slow and no hope of justice anytime soon. If these are your concerns than your remedy lies with Punjab and Haryana High Court at Chandigarh. … Read more
Recovering money under Indian laws is difficult owing to so many bottlenecks of one such is poor enforcement and lack of awareness. It’s very common where educated people lend money without any written agreement or promissory note to that effect. Now what can I do if I am of one such category? SUMMARY SUITS UNDER … Read more
In India, property can be transferred either by WILL (testate) or succession (intestate) where no will is made. In case of succession, personal laws of Individual apply whereas for a WILL, it has to be duly executed and attested by witnesses without any fraud or undue challenge. Please understand, Probate and Succession Certificate are two … Read more
This question was answered recently in the case of Bikramjit Singh & ors. Vs. M/s HP Singh & ors, where Punjab RERA authorities rejected the complaint only on the ground of maintainability since the project was not registered with the authorities. P-RERA in short for Punjab RERA also underlined three conditions for bringing complaint before … Read more
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