ESTABLISHMENT AND CORPORATION OF STATE COMMISSION:- Section 17 of The Electricity Regulatory Commissions Act, 1998 lays down the establishment and corporation of State Commission:- The State Government may, if it deems fit, by notification in the Official Gazette, establish, for the purposes of this Act, a Commission for the State to be known as the … Read more
Introduction: FIR stands for “First Informational Report”. It is a written document prepared by a police officer when he receives information about a cognizable offence, generally filed under section 154 of the code of criminal procedure.Information given under sec 154(1) of the side is known as FIR but the section does not disclose FIR directly.It … Read more
This is shocking but true! The Haryana Real Estate Regulatory Authority (RERA) Gurugram & Panchkula does not have the jurisdiction to decide complaints of refund or interest as per the latest judgment of Haryana Real Estate Appellate Tribunal situated at Chandigarh Sector 17. The order of Haryana Appellate Real Estate Regulatory Authority at Chandigarh is … Read more
According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the … Read more
This one question has given headaches to not only homebuyers/consumers but even RERA Punjab and RERA Panchkula/Gurugram Lawyers in general who find it extremely difficult to understand the true intent of legislature behind the act. And I am one of that RERA Haryana and RERA Punjab advocate. My answer to this utter simple question is … Read more
Due to insufficient balance, torn cheque, overwriting, expiration of the validity of cheque, fraud, signature issue, etc., there are chances of cheque bounces or dishonored cheque. Section 138 of the Negotiable Instruments Act, 1881 deals with cheque bounce related cases. This section lays down the punishment for the one who is found guilty of cheque … Read more
Private Sector specialists selected as Govt. Joint Secretaries With a motive to introduce experienced people in government administration, NDA government had decided to appoint a few experienced and professionals for the post which were previously filled through clearing civil services exam. For the first time, specialists have been selected for appointment as joint secretaries in … Read more
Job Extension of two Years can be granted to PWD (Person with Disability) Teachers For the benefit of physically challenged employees, the government has issued many guidelines. Extension of the job was one of those guidelines. Recently a case was raised. Also Read- APPOINTMENT AGAINST SANCTIONED POSTS ONLY Facts of the case Teachers having a disability in … Read more
Latest Update on 498A by Supreme Court is that a woman can file a harassment case against in-laws from anywhere. A three-judge bench which was headed by Chief Justice Ranjan Gogoi has delivered a revolutionary judgment.According to which, a married woman can file dowry or other harassment cases against her in-laws and husband at any … Read more
Punjab and Haryana High Court is situated in Sector 1 Chandigarh and is one of the most visited places of the city for tourists. It’s a dream for every young lawyer like me (though my hairs are turning grey) to practice at High Court Chandigarh, such is the reputation of this prestigious institution managing justice … Read more
With rising importance of consumers and their contribution in growth of the economy, the importance of protection of consumer rights, fair & transparent transactions is ever than before. Everyday thousands of decisions are passed by consumer courts spread across the city directing various orders to either remove the deficiency or make a refund and compensate. … Read more
Due to modern day’s techno-savvy environment, we are getting addicted to the digital world more and that is why the crimes are increasing. The basic aim behind the development of the internet was to enhance the research and information sharing medium. With time, its uses increased due to the introduction of e-business, e-commerce, and e-governance, … Read more
Suspension means to take or withdraw the sentence for the time being. It is an act of keeping the sentence in abeyance at the pleasure of the person who is authorized to suspend the sentence, and if no conditions are imposed, the person authorized to suspend the sentence has the right to have the offender re-arrested and direct that he should undergo the rest of the sentence without assigning any reason. Section 389 (1) and (2) of Code of Criminal Procedure (Cr.P.C.) deal with a situation where a convicted person can get a Bail from appellate court after filing the criminal appeal. Section 389 (3) deals with a situation where the trial court itself can grant bail to convicted accused enabling him to prefer an appeal. Also Read- PAROLE FROM … Read more
Recently, cases wherein builders or purchasers causing unreasonable delay in handing over the possession of the property are on a rise. The builders refuse to handover the property even after the amount agreed has been paid by the buyer. The buyers are left in a lurch without no affirmation whatsoever. It happens so often that … Read more
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is also called the Land Acquisition Act, 2013 regulates the activities of land acquisition. It also lays down the procedure and rules for granting compensation, rehabilitation,and resettlement to the person who is affected during the process of land acquisition in India. … Read more
Every employee has a right to receive pension upon retirement. If payment of such person is delayed, the retired employee is surely entitled to get some interest for such delayed payment. Pension and even gratuity are aimed at maintaining the life of a retired employee and his dependents. These are welfare provisions if there is … Read more
The provisions of Section 357A of the Code of Criminal Procedure govern the compensation for the rehabilitation of victims. This section states that the State Government in co-operation with the Central Government will have to provide compensation to the victim of crime. This Victim Compensation Scheme has been formulated in 24 states and 7 UTs … Read more
In India, Criminal law is governed be Indian Penal Code (IPC) , Criminal Procedure Code (CrPC) & Indian Evidence Act (IEA). IPC – states different types of sections/offences under which a person can be booked. CrPC- talks about procedure of how a criminal trial is to be conducted in court. IEA- states how evidence is … Read more
The terror of Immediate arrests in 498A coupled along with 406 IPC is back as the latest ruling of Supreme Court gives back the power to police to exercise this option. Though the intent of Section 498 A is to protect vulnerable women who are struggling with the atrocities of men but it is mostly … Read more
Compliance of Section 50 of the NDPS Act while Making an Arrest The Narcotic Drugs and Psychotropic Substances Act, 1985 prevents any person tomanufacture, possess, sell, purchase, transport, and consume any narcotic drug or psychotropic substance. Its main objective is to combine and amend the existinglaws relating to Narcotic Drug and to develop strict provision for … Read more
Partnership is a relationship between two or more persons who have agreed to share profit or loss of the business carried by them. Registration Of Partnership Firm According to Partnership Act 1932, registration of partnership firm is not mandatory. The procedure of registration of firm is simple File an application with the Registrar of Firms … Read more
Suspension from government job is different from getting fired from a private job. Suspension can be defined as temporary withdrawal of duties from a government servant, pending inquiry into his conduct, with simultaneous reduction in pay and withdrawal of some rights and privileges. The related rules are laid down in The Central Civil Services (Classification, … Read more
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
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
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
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
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
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 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
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