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
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
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
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
Various courts of this country, be it CAT , High Court , Labour Court , Supreme Court etc. or any other have settled the view on jobs on compassionate ground in government offices which is “ The appointment on the basis of compassionate ground is not a matter of right but there should not be … Read more
Sanction means authoritative permission. Officials are appointed either on substantive , temporary or officiating basis. Government posts may be permanent or temporary but they are sanctioned . There are sanctioned posts which may be on temporary basis but they can become permanent depending upon the requirement of the post , thus a person can be … Read more
Government job/service India is highly hailed, revered and glorified for its stability as no one can just throw you out from job without conducting proper departmental inquiry in sync with the service rules and procedures being adopted by the government organisation, department or cooperation. The same goes for banks, government institutions, school , colleges, hospitals … Read more
The post pertains to issue of Fixation of inter se seniority between Direct Recruits (DR) and Promotee (PR) Inspectors of Income tax in various charges of the Income tax Department. It is hereby clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of … Read more
The Real Estate (Regulation and Development) Act, 2016 aims to regulate and promote the real estate sector by regulating the transactions between buyers and promoters of residential as well as commercial projects. It also has provisions for establishing a regulatory authority at state level called “Real Estate Regulatory Authority” (RERA) for monitoring the real estate sector and adjudicating disputes … Read more
In case of Hospital Engineer, Central Administrative Tribunal (CAT) Chandigarh has directed PGIMER ( Post Graduate Institute of Medical Education & Research ) to escalate the process of consideration of all eligible candidates. The case came to the CAT Tribunal Chandigarh when PGI removed one Assistant Engineer from RAC (Refrigeration & Air conditioning ) vide … Read more
The Consumer Dispute Redressal Forum has granted an award to pay Rs.52,000 to an Ambala Resident after she filed a complaint on the unsatisfactory service of a matrimonial match-finding firm. Also Read- CONSUMER COMPLAINT AGAINST ELECTRICITY DEPARTMENT Neha Aggarwal, residing at Ambala has approached WEDDING WISH Pvt. Ltd., a matchmaking firm to find a match to … Read more
The Real Estate ( Regulation And Development) Act, 2016. The purpose of this act is to protect home buyers and to increase investments in real estate industry. Real Estate Regulatory Authority has to be established in every State. Also Read- TCP TO COMPLETE PROJECTS IN FARIDABAD Features Of This Act. Registration : land over 500 square meters or … Read more
The duty to pay spousal maintenance post-divorce is found in Section 7 of the Divorce Act, 70 of 1979. This duty arise in two ways: Section 7(1) of the Act provides that the court, when granting a decree of divorce, may in accordance with the written agreement between the parties, make an order with regard … Read more
Execution of Arbitral Awards Definitions and preliminary proceedings 1. What is the definition of an arbitral award in your jurisdiction for the purpose of enforcement proceedings? Arbitral award means the decision of an arbitral tribunal, whether in a domestic or international arbitration. Arbitral award also includes an interim award. 2. Are decisions in preliminary/provisional proceedings recognised and enforceable? … Read more
Judiciary had played an important role towards increasing the role of the victim. One of the important judicial creation in this direction is Protest Petition. Though this term ‘Protest Petition’ is nowhere defined under the Criminal Law in India but when the aggrieved person or complainant is not satisfied with the police report which filed … Read more
Maintenance after divorce is given for providing financial support to wife. In India Maintenance is given to children, parents and wife after divorce which means that those persons who are entitled to get maintenance will get maintenance. Section 125 of Code Of Criminal Procedure gives neglected persons especially wife the right to claim maintenance. Also Read- MARRYING … Read more
What is a Caveat? A Caveat is a Latin term which means, ‘let a person beware’. It is a prior notice sent to a person who is presumed to be affected in any manner while an order is to be delivered by the court, on a particular case. Practical application: In general, a caveat petition … Read more
Criminal Charge: An accusation of crime formulated in a written complaint , information or indictment and taking shape in a prosecution. Criminal Case: Prosecution by the State of a person or organization for committing a public wrong considered as offence against the state. Standard of proof for crimes is higher than for civil wrongs and for major … Read more
The term “report” has been defined to mean “to give an account of, to relate, to tell, to convey or disseminate information, communicate; deliver information; make an announcement; make known; speak about, specify”. It is a formal oral or written presentation of facts or a recommendation for action. The term “police report” has been defined … Read more
CBI : Central Bureau Of Investigation. CBI is an investigating agency. It operates under Ministry Of Personnel Public Grievance And Pensions Of India CBI investigate special crimes ,high profile cases, economic crimes and cases of corruption. CBI is headed by a Director , IPS officer. Director is selected for two years by CVC act. There … Read more
RELIEF OF RS.13L AWARDED TO MAN BY THE CONSUMER FORUM AFTER HE WAS DECIEVED BY AN IMMIGRATION CONSULTANCY Also Read- Victim of Immigration Fraud De Montreal Recruitment Limited is a Chandigarh based immigration consultancy. Varinder Singh has approached this firm in 2016 through their website , paid Rs. 12.4L and later deposited relevant documents and his … Read more
Criminal Procedure Code gives the procedure for criminal justice. It gives provisions for investigation, inquiry and trial. Definition of Complaint: Section 2 of Code Of Criminal Procedure Complaint means any allegation made orally or in writing to a Magistrate with a view to his taking action under the code of criminal procedure that some person whether known … Read more
Will. Will is a document by which a dead man entrusts his wishes to a living person. Will is made for disposing off property. Will is madeby a person during his lifetime that whom he wants to give his property after his death. Also Read- SHOULD I GET LEGAL HEIR CERTIFICATE OR SUCCESSION CERTIFICATE? Terms related … Read more
Punjab and Haryana High Court at Chandigarh under its writ jurisdiction can stay any illegal suspension from any of the government offices. Suspension must be in strict consonance with statutory rules and guidelines adopted by organization through proper notification issued in public. No official can use these rules as per his convenience or to show … Read more
Cheque Bounce case is considered to be a criminal offence under CrPC that imposes 2 years of jail plus twice the amount of cheque. Never take it lightly and don’t issue cheque recklessly. Be it a security cheque. For issuer of the cheque , it is damn easy to prove liability but for accused real … Read more
The CAT has issued notice to Chandigarh police to defer proceedings on a sexual harassment case against a traffic DSP, after he had moved to CAT seeking the same. Sondhi was a traffic DSP and he was alleged by a woman officer that he sexually harassed her by demanding her to accompany him in his … Read more
An Overview on Assured Career progression Scheme When ACP (Assured Career Progression Scheme) was implemented vide Office Memorandum NO. 35034/1/97-Estt(D) dated 09.08.1999, it was not made applicable to Central Government Employees in Group “A” Services. In respect of Central Government Employees in Group B, Group C and Group D Cadres, two financial up gradation were … Read more
PANCHKULA BENCH OF HARYANA REAL ESTATE REGULATORY AUTHORITY DECIDES PRINCIPLE OF AWARDING RELIEF TO ALLOTTEES IN PRE-RERA PROJECTS PANCHKULA: Giving a boost to home buyer rights against defaulting developers, the Haryana real estate regulatory authority (Panchkula) has held that in matters of compensation due to delayed possession, the provisions of the Real Estate (regulatory and development) … Read more
HARYANA RERA PANCHKULA POPULAR JUDGMENTS RERA Act, 2016 comes with a 60 day time period for the disposal of complaints but in reality it is extreme difficult to get both parties on the same page. Even though RERA Haryana Authority at Panchkula is doing a recommendable job by disposing complaints as earliest possible. Remember heavy … Read more
Abandoned wife Multiple cases of non-resident Indian (NRI) husbands abandoning their Indian wives have come to the fore and taking cognizance of this fact, the government is preparing stringent rules to punish such offenders. The external affairs ministry recently came up with the data that one woman calls home seeking help to return after desertion … Read more
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
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
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
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
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
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
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
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
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
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