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Showing posts from August, 2019

Essentials of Employment Contracts I रोजगार कराराचे अनिवार्य

ipc 506 & 504 : 9 Top Points

1.     IPC or the Indian Penal code is the main criminal code of India. It defines the crime conducted by the citizens of India and punishments for committing them. IPC was implemented in the year 1807 during British rule and except for the Indian Army, it applies to the whole country.  2.     Section 504 and 506 of the Indian Penal Code deals with any intentional insult to provoke the breach of peace and punishment for criminal intimidation, respectively.  3.     Section 504 of the Indian Penal Code specifies that if a person intentionally insults another person or intentionally provokes another person intending or knowing that such provocation would ultimately cause him to commit any offense or break public peace then he/she will be charged under IPC 504. If found guilty, the Court shall punish the accused with imprisonment which may extend up to two years, or with a fine, or with both.  4.     Section 506 of the Indian Penal Code specifies that if a person intim

IPC Sections 323, 324, 325 & 326–Laws on Assault in India

1.       The cases of fighting, harming or injuring someone is taken as a very serious crime in our country. Section 323, 324, 325 & 326 of the Indian Penal Code provides the guidelines on how to tackle these crimes and the punishments if committed.  2.       General or simple assaults is not considered as a cognizable offense and therefore while these matters can be reported in the police station, the Police will not directly file a FIR. The complainant can request the Court to file a FIR by applying before the court. Cases of simple assaults are registered under IPC 323.  3.       If someone gets beaten up or injured by someone, the victim should do a Medical-Legal Certificate or MLC, which can be used as proof in the Court. Any doctor can do MLC after a fight and it contains the complete information of the assault and the injuries suffered by the victim.  4.       If someone is harmed or injured by a deadly weapon during an assault, then this case comes

National Register of Citizens of India (nrc documents and draft)

1.       According to the Citizenship Act 1955, it is the responsibility of the union government to gather information about every family living in our country.  2.       In 2004, Section 14A of Citizenship Act 1955 was an amendment under which it is mandatory for every citizen of Indian nationality to register themselves on the National Register of Citizens (NRC). It was updated in 2015-16 to specify that except Assam and Meghalaya, the entire country’s population must be registered.  3.       The union government started the NRC Act to stop the people living illegally in Assam. Counted among the world’s largest campaigns works based on detect, delete, deport under which it will be detected whether a certain person is an Indian citizen and those people not belonging to India will be sent to their respective countries.  4.       Assam is the only state where the citizenship register system is in place. This citizenship register system in Assam differs from the

Top 13 Points In Specific Relief Act Amendment 2018 in pdf

1. Specific relief act was made in 1963 and was further amended in 2018. We see tremendous economic development in our country after the formation of the Specific Relief Act of 1963, which has further helped to increase the commercial activities of our country like the foreign direct investment, public-private partnership, public utility infrastructure development, etc.  2. With passaging time the outdated laws present in SRA 1963, lead to delaying of infrastructure projects and other contractual projects. To tackle this situation amendment to SRA was made in 2018. 3. With the new amendment, the government changed the complete overview of the Specific Relief Act. Earlier damages were taken as norm overlooking specific performance, but now with the new laws, specific performances are the norm.  4. The following are the key features of the Specific Relief (Amendment) Act 2018; Recovery of possession, specific performance as a general rule, substituted performance,

Hindu Succession Act Notes In pdf

1. This act was made to amend the laws relating to the succession of property and assets among Hindus when someone dies without making a will.  2. This Act applies to the citizens of India belonging to the religion of Hindu, Buddhist, Jain, or Sikh.  3. Section 6 was amended during the 2005 Hindu Succession (Amendment) Act and includes:  1.  In a joint Hindu family, a daughter has equal rights the same as the son of the family.    2.  Daughter will be allotted the same share of the property as the son.    3. The succession of property should be done based on the will or intestate succession and not by survivorship.    4.  The share of any deceased member of the family should be allotted to his surviving child or grandchild.    5.  Any successor inheriting assets of his predecessor will not inherit the debt amount exceeding the value of the assets.  4. Section 8 specifies the following general rules of intestate succession in the cases of males;  1. 

Top 13 Points: POSCO Act Rules - 2020

1. The Protection of Children from Sexual Offences Act (POSCO ACT) was formed in 2012 to protect children below the age of 18 years from serious crimes like sexual abuse, sexual harassment, and pornography. 2. This Act also intends to provide a child-friendly system for the trial of these offenses. 3. Under the POSCO Act it is the duty of the Police to report any offenses related to a child to the Child Welfare Committee inside 24 hours so that the Child Welfare Community can take necessary steps for the security and safety of the concerned minor. 4. There is a provision for medical examination of the child under this act. Doctors should conduct these medical examinations under the guidance of the concerned minor parents or guardians or anyone the child trusts in such a way that it inflicts the minor as minimum pain as possible. If the victim is a girl child, then only a female doctor should do the medical examination. 5. The Court  must do the hearing of th

Protest within 12 Years or Lose Your Property: Top 9 Points - 2020

1. If you are the owner of a property and you do not file a case or evacuate the mortgagee in possession of your property within 12 years, the person in possession of the property will become its new owner and you will lose your ownership.  2. On 7th August 2019, the Supreme Court of India made the following statement on this matter; No one can remove the mortgagee in possession of the property without proper legal action. If the squatter is possessing a property illegally for over 12 years, then the legal owner doesn’t have the authority to remove him. In these situations, the squatter will get the legal rights and ownership of the property.  3. Supreme Court clarified that if a mortgagee in possession becomes the lawful owner of the property, then even the real owner of the property doesn’t have the authority to remove him. If the previous owner forces him to leave the property, then he is legally allowed to file a case against the real owner and get his property

Section 377 verdict In Hindi Debate Supreme Court Judgement pdf

6th September 2018 is a historic day for our country. On this day, the Supreme Court of India legalized homosexuality in our country. India joins 125 other countries where people of the same gender may have physical relations with each other.  1. Indian Penal Code Section 377 specifies that any kind of unnatural sexual relations is illegal in our country. This includes any kind of sexual relationship between two females, two males or between a human and an animal.  2. But now the Supreme Court of India has decriminalized consensual intercourse between people of the same sex and read down Section 377 thus providing a huge boost for the LGBTQ community. But, till now there are no provisions made for the marriage between homosexuals.  3. The Supreme Court based its judgment on the recognition that sexual orientation is a natural and inherent biological phenomenon and it does not depend on the matter of choice of a person.  4. As per Section 377, it was a punishab

2019- IPC Section 375 & 376–Law for Rape & Punishment in India: Top 15 Points

1. Indian Penal Code 375 specifies that a man commits ‘rape’ when               1. He forcefully tries to make physical relations with any woman.              2. Forcing a woman into physical intercourse or oral intercourse or any kind of other sexual abuse.               3. Sexually abusing the private parts of any woman or using their private parts or any object against the body of a woman without their consent.                4. Undressing a woman without their consent with the intention of sexual intercourse or attempting sexual intercourse without removing their clothes. 2. Irrespective of the age of women, the Indian Constitution considers the above circumstances mentioned as rape. The age factor plays a very important role in cases of rape. Involving in sexual intercourse with an underage girl, even with her consent, is considered as rape. 3. In the following circumstances, the court will not consider the consent of a woman as consent;        

Negotiable Instruments Act 2018 Amendment pdf Gazette Notification: Top 12 Points

1.  With the help of the Negotiable Instruments (Amendment) Act 2018, new provisions related to interim compensation are added in the Negotiable instruments Act 1881.  2.  It adds two new sections to the NIA 1881 ; Section 143A and Section 148 to limit the issues of dishonor of cheque and to stop the injustice that a cheque bearer faces after the dishonor of the cheque.  3.   In the cases of dishonor of cheques the drawer drags the case longer to avoid the payment and before this amendment, the cheque holder was not entitled to any kind of compensation until the Court fully resolved the case. The Negotiable Instruments (Amendment) Act 2018 focuses on this unfair issue faced by the cheque holder.  4.  The newly added Section 143A gives power to the trial court to allow interim compensation to the complainant of dishonor of cheques when the accused pleads not guilty.  5.  Section 143A specifies that the interim compensation provided shall not exceed twenty perc

Top 18 Points: How To Make a Will in India / Indian will deed format - 2020

1. A legal document expressing the decision of the testator how their property is to be distributed after their death is called Will. Any individual can express their wishes in their will how they want their assets to be distributed. 2. These assets specified in the will may include all the property of an individual like movable and immovable property, jewelry, bank balance, market shares, mutual funds, etc. Any individual can decide on which ratio they want their assets to be divided among his or her successors. 3. In India, it is not mandatory to register your will. If you write your will on a plain paper then, the Court also considers it as a legally valid will. People from any religion, caste or gender are eligible to make their own will. 4. The following conditions must be fulfilled to make a will;            1. The maker of the will must be 18 years or older .            2. The maker of the will must be of sound mind            3. The will should not b

Top 20 Legal Laws & Rights Every Indian Should Know (2020)

Our country is the biggest democracy in the entire world and the Indian constitution provides many legal rights to its citizens. But most of us are not aware of these rights. Here are 20 legal rights every citizen of India should know;  1.    According to the Motor Vehicles Act, 1988 , Section–185 & 202, the Police can arrest you without a warrant on the charges of drinking & driving if your alcohol consumption is more than 30mg per 100ml of blood.  2.    According to CRPC, Section 46, no women can be arrested after 6 in the evening or before 6 in the morning.  3.    According to IPC, Section 166A , a police officer under any situation can not refuse to write a FIR. This is a punishable crime that may lead to a police officer being jailed between 6 months to 1 year.  4.    According to Indian Series Act 1887 , Any kind of hotel doesn’t matter how big it cannot refuse you from using their washroom or drink their water.  5.    According to IPC, Section

States And Union Territories Of India (Is Delhi A State?)

After revoking of article 370 and introduction of Jammu & Kashmir re-organization bill, the state of Jammu & Kashmir is separated into two Union territories. But what exactly is a Union territory? And why are union territo ries formed? Every state of India has its own elected government in the form of state government. The state government has the power to make and amend laws. Unlike a state, a Union territory doesn’t have its government. These federal territories are directly governed by the union government, hence the name Union territories. It is the duty of the president of our country to elect an administrator or a lieutenant governor for every union territory. The administrators of Andaman & Nicobar, Delhi, and Puducherry are called lieutenant governors (LG). While Chandigarh, Dadar & Nagar Haveli and Daman & Diu governing officers are called administration. An Union Territory may or may not have an assembly and council of minister

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Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Top 10 Points, Can Working Women Ask For Alimony In India? (2020)

1. Divorce entitles the wife to get alimony if she cannot maintain herself but what about working professionals? Can a woman get alimony if she has a source of income? The answer is yes; a working woman is eligible to get alimony depending on her income and living conditions.  2. Earlier working women in India were not given any kind of alimony or maintenance but with the change in time and subsequent amendments in the law, alimony or maintenance are provided to a working wife under certain circumstances. 3. When we say a working woman, we consider someone who is economically independent and financially able to satisfy her needs but sometimes in cases of married working women they do not earn enough to satisfy their necessities and partially depend on their husbands. These women are eligible to claim a certain amount of alimony. 4. The main reason behind maintenance to a working wife is that a wife faces many problems after leaving her matrimonial home and is dep

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