Adv. Sarika Khude's Blog

On 5th May 2019, the central government of India through a presidential order scraped article 370 and 35A that gives the state of Jammu and Kashmir their special status along with with introducing Jammu and Kashmir re-organisation bill. The state of Jammu and Kashmir was given following special status through article 370; 1.    The state has its flag without the necessity of respecting our national flag. 2.    The citizens of Jammu and Kashmir had dual citizenship ; i.e. they were the citizens of both India and Jammu & Kashmir. 3.    The Indian citizens didn’t have the right to vote in the state of Jammu & Kashmir as anyone outside of the state may not register on the voter's list. 4.    The orders of the Supreme Court were not valid in the state. 5.    Any Indian citizen who is not a citizen of Jammu & Kashmir could not buy any land in the state. 6.    The parliament had limited rights to make laws for the state. After revok

Rajya Sabha passed the Motor Vehicles (Amendment) bill on July 31, 2019. The bill seeks to amend the Motor Vehicles Act 1988 . The new set of laws are meant to increase road safety by encouraging people to obey traffic laws. Traffic fines have been increased heavily under this rule and few new fines have been made. Here are some key points to keep in mind: 1. For breaking any general traffic rules earlier 100 rupees was fined but now it has been increased to 500 rupees. 2. Travelling on a bus without a ticket used to incur a fine of 200 rupees, which has been increased to 500 rupees. 3. The fine for not obeying traffic officials used to be 500 rupees, which have been increased to 2000 rupees. 4. The fine for driving without a license was 500 rupees, which have been increased to 5000 rupees. 5. The fine for breaking the speed limit was 400 rupees which have been increased to 1000 rupees for LMV (light motor vehicles) and 2000 rupees for MMV (medium moto

1. If a Muslim husband  gives his wife three talaq at once which means if he either writes or says ‘talaq, talaq, talaq’ then this form of divorce is called triple talaq. 2. This form of divorce is mostly practised by the men of Muslim society in which any Muslim man by saying talaq three times could end his marriage. 3. The difference between one or two talaq and three talaq is that if a husband gives his wife one or two talaq, then they can remarry after that but in case of triple talaq they can not remarry. 4. After triple talaq,  the divorced wife is free and can marry any other man. We know this as ‘nikah halala’ or taheel marriage. But with the death of the second husband or another divorce then the woman can marry her earlier husband. 5. In 2017, the Supreme Court made the triple talaq invalid, so if a Muslim husband gave his wife triple talaq then it would not be considered a legal divorce. 6. The provisions made in the triple talaq laws are;

1. In India, the amount charged by a lawyer is unchecked. Different professionals charge different amounts depending upon the case, client status and their paying status, which leads to extreme fee variation. However, the growing numbers of lawyers demanding astronomical fees from their clients is a major concern. This mostly affects the poor and backward societies, as high consultancy fees exempt them to get legal consultancy from the top lawyers of our country. 2. The advocate's fee rules don’t put any limit to the money claimed. The Supreme Court Rules 2013 allows a lawyer to charge a maximum of rupees 8000 per hearing, which is hardly a tiny part of the amount that is billed. 3. We see that the best lawyers of our country charge as high as Rupees 15-20 lakhs for a mere appearance in the court. Some lawyers can charge anything between rupees 3-6 lakhs for high court cases only. And if the lawyer has to travel to the high court, then he can even increase the cha

Motorbike enthusiasts are all too familiar with the freedom and the sense of adventure that accompanies riding on their bikes. Apart from the practical advantages like reduced fuel costs as well as less amount of carbon footprint to leave behind, the thrill of the rider each time he/she releases the clutch to begin another journey is undeniable. The real problem starts when these drivers are caught in a desperate situation lot to avoid the reckless ones behind the wheel of automobiles and trucks. Certainly, these circumstances are inevitable and it is important that you, as a biker know the actual bike accident compensation and how you can benefit if you have been injured. It is a fact that motorcyclists form just about 1% of vehicular traffic across the UK, but the mortality rates are close to 15%. A biker is more likely to suffer severe injuries in comparison to those in automobiles. Many automobile drivers claim that they had not spotted the motorbike prior to the cr

If you have been in a motorcycle accident and want to seek compensation, your first question is likely to be “What am I entitled to?” Hopefully, this introduction to motorcycle accident claims will help you to understand the basics.  First off, it is important to know that you cannot calculate how much compensation you will receive based on the facts of your case, that is, how much your medical bills cost, what the loss to your wages was, etc. That is because a lot is up to the jury or judge that is trying your case. It is almost impossible to predict how much you will receive but the following is what you might be entitled to:  - Payment of hospital bills  - Compensation for income loss  - If your injuries are such that you can no longer work at your present job, then you can get compensation for the cost of having to learn a new job or skill.  - Compensation for suffering and pain, both the pain you endured at the time and any continued pain, for example

Many people are wondering how to file a motorcycle accident claim, and the reality is that you need quite a bit of info before you do. You cannot just call up your company, and tell them it was the other drivers’ fault. Here is a short and quick guide for what to do. Essentially a motorcycle crash is looked at by law as identical to crashing a regular car. You have to prove that the other driver caused it. If you were responsible, your expenses are still covered, but your insurance rates will increase dramatically. That is why it is so key to prove it was not you, assuming you indeed were not at fault. Here are the steps you need to take immediately following the crash: First, make sure you know the car you crashed with, as well as the license plate number. Figure out what kinds of damages the other cars or trucks suffered, as well as the names of anyone else involved and where they live. If someone else saw the crash and could verify who was responsible for it, get t

Before deciding on the brand , compare the quality, price and in the case of electronic gadgets, the after-sales service. Study the warranty, particularly the small print. Do not hesitate to ask questions and clarify doubts.  In case of medicines or packed foods , always check the date of manufacturing, expiry or the best before date. If there's a 'free gift', make sure that it's really free. Always collect the cash receipt with details of the product clearly mentioned. The warranty card with the retailer's seal is a must. If the receipt contains conditions like goods once sold will not be taken back or exchanged or that the retailer is not responsible for the quality of the products, protest. Pay for expensive goods or services , with an account payee cheque or credit card, so that you have additional proof of having paid for it. Before entering into a contract for a service, do not be in a hurry to sign the papers. First, read them carefully and sign only if yo

Before deciding on the brand , compare the quality, price and in the case of electronic gadgets, the after-sales service. Study the warranty, particularly the small print. Do not hesitate to ask questions and clarify doubts.  In case of medicines or packed foods , always check the date of manufacturing, expiry or the best before date. If there's a 'free gift', make sure that it's really free. Always collect the cash receipt with details of the product clearly mentioned. The warranty card with the retailer's seal is a must. If the receipt contains conditions like goods once sold will not be taken back or exchanged or that the retailer is not responsible for the quality of the products, protest. Pay for expensive goods or services , with an account payee cheque or credit card, so that you have additional proof of having paid for it. Before entering into a contract for a service, do not be in a hurry to sign the papers. First, read them carefully and

People who are considering a divorce may have been in this painful thought process for at a minimum of two years and many times, much longer. The decision to divorce is a daunting one and can be all-consuming and downright frightening. This is because divorce is very much like experiencing death. It is the ending of a life you have known and the final ending of a relationship you once treasured. If you are a man , your primary focus will be on your rights to your children and preserving your estate. If you are a woman and you do not work outside the home, your greatest fear will be the loss of your security and how you will be able to manage to take care of yourself and your children without the primary breadwinner. Now you have to go through the process of choosing a divorce lawyer. Once you have made the decision to divorce the first thing you must remember is to avoid rushing into choosing a divorce lawyer. The decision to divorce took time. Li

Top 10 Points On A Couple Can File For Divorce In Court (2020) 1. Mental disease – intellectual sickness can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder or insanity and therefore can't be expected from the couple to stay collectively. 2. Desertion – wherein one of the spouses voluntarily abandons his/her associate for at least a duration of two years, the abandoned partner can file a divorce case at the ground of desertion. 3. Not heard alive – if a person isn't seen or heard alive through those who are predicted to be ‘clearly heard’ of the person for a non-stop duration of seven years, the person is presumed to be useless. the opposite spouse needs to need to report a divorce ifHe/she is inquisitive about remarriage. 4. Venereal sickness – if one of the spouses is stricken by a critical sickness this is without problems communicable, a divorce can be filed by the o