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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
State of Punjab has made one Real Estate Regulatory Authority (RERA) for regulating the affairs of realtors and homebuyers in the region situated in the heart of city beautiful which is Chandigarh Sector 18. Looking for RERA Punjab Address? Real Estate Regulatory Authority, Punjab First Floor, Block-B, Plot Number-3, Sector-18A (Near Govt. Press UT), Madhya Marg, … Read more
Haryana Real Estate Regulatory Authority (RERA) has already set up an Appellate Authority for appeals arising out of the decisions of Haryana RERA Authority benches constituted at Gurugram and Panchkula is being headed by retired Justice Darshan Singh which is now fully functional. Location (As of now)– New Haryana Civil Secretariat ,17F, Sector 17, Chandigarh, 16001 (Right … Read more
Post covers Legal Notice to Wife or Husband in case of matrimonial disputes pertaining to Divorce, Dowry Harassment Women Cell Complaint, Domestic Violence and Maintenance related issues. Sending Legal Notices have become so common today that we see a trend today of sending Legal Notices before pursuing court cases be it Civil or Criminal or … Read more
EX SGT RAM AVTAR YADAV V. UNION OF INDIA ORS. In this case of Ex Sgt Ram Avtar Yadav v. UOI Ors., the petitioner, i.e., Ram Avtar Yadav had been denied the benefit of rounding off of the disability pension though he was entitled to disability pension @ 30 percent as he suffered 30 percent … Read more
Introduction to Defamation Laws Defamation is oral or written statement that hurts someone’s reputation. In Bhagwat Gita, “For a Man of honour Defamation is worse than death”. It is considered as Great Evil. Reputation is an integral and important part of the dignity of the individual and Right to reputation is inherent right guaranteed by … 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
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
INFORMATION THAT CAN BE ASKED UNDER RIGHT TO INFORMATION ACT, 2005 Right to Information (RTI) Act, 2005 is one of the most powerful tools in the hands of the people, especially in a democratic country like India. Right to Information provides for transparency and accountability which are among the eight characteristics of ‘good governance’. The … Read more
In Gurbaksh Singh vs ABW Infrastructure Pvt. Ltd , the HRERA Panchkula Authority has held that TCP is duty bound to ensure completion of licensed projects since based on their assurance and necessary sanctions and approvals , homebuyers put their hard earned money into the project . In this particular case, Director is directed to … 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
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
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
Disability pension is granted to the employees who are invalidated or terminated from his or her service due to any disability that has arisen in the course of service and due to service . In the Indian Armed forces, disability pension is granted to employees who suffer atleast 20% disability arising out of the military … 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
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