Demystifying India's Banking Regulation Act: A Crucial Pillar of Financial Governance

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

Dear Client, The Adoption Regulation, 2022 has come with considerable changes for the adoption of children in India, As per Adoption Regulations, 2022, All the Adoption Orders issued by the Courts are now replaced by Adoption Orders issued by the District Magistrate, as per the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. Prospective Adoptive Parents (PAPs) who wish to adopt a child legally, shall register himself or herself online at https://carings.wcd.gov.in. As per Regulation 3(a), the child's best interests shall be of paramount consideration while processing any adoption placement; (b) preference shall be given to placing the child in adoption with Indian citizens with due regard to the principle of placement of the child in their own socio-cultural environment, as far as possible; (c) all applications for adoptions shall be registered on the Designated Portal and confidentiality of the Authority shall maintain the same. A child eligible for adoption as per Regulation 4 is namely, (a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee; (b) a child of a relative defined under clause (52) of section 2; (c) child or children of the spouse from an earlier marriage, surrendered by the biological parents for adoption by the step-parent. Various recognized agencies and authorities have been assigned roles to facilitate the adoption process as per Guidelines Governing The Juvenile Justice (Care and Protection of Children), Act 2015 as amended in 2021. Child adoption can be done by either single PAPs or married couples with 2 years of stable marriage. Section 57(4) of the JJ Act, 2015 and Regulation 5(2)(c) mentions that a single male is not eligible to adopt a girl child. The entire adoption process is carried out in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021) and Adoption Regulations 2022. The database of Prospective Adoption Parents (PAPs) is maintained and managed through the designated CARINGS portal. There is no manual intervention at any stage in the process of adoption. The adoption process is carried out by the Central Adoption Resource Authority (CARA) in accordance with the Juvenile Justice Act 2015 (as amended 2021) and the Adoption Regulations 2022. The waiting period depends on the seniority of the Prospective Adoptive Parents (PAPs) and of legally free children on the basis of preference of Prospective Adoptive Parents as per age, gender, health status, state, etc. Regulation 49 of Adoption Regulations, 2022 states that the prospective adoptive parents shall bear the expenses for adoption and the Specialised Adoption Agencies shall adhere to the adoption fees and their utilization pattern as provided in the Schedule XV which shall be revised by the Authority from time to time. In continuation of the same, the Steering Committee of the Authority in its 36th meeting held on 02/01/2024 has decided that the adoption fees once submitted by the prospective adoptive parents to the Specialised Adoption Agencies, stand non-refundable. The legal profession requires a great deal of specialized knowledge. This is something that lawyers learn early on and is essential for understanding how your client thinks, feels and operates. You must understand the client’s perspective to argue effectively for their case. The essential basic skills that every lawyer should know to handle an adoption case include communication skills, Time Management Skills, Empathy, Patience: It is one of essential skills for lawyers and advocates to have, Strategic Thinking, These three skills are helpful in shaping your career. It’s important to remember that the path to success is not always straightforward, but it does involve developing a good set of tools and techniques for working effectively with people. It also helps if you have experience working as an advocate; this will give you greater insight into how advocacy law works and how best to serve those who need our services most. Hope, your query stands addressed.

Hi, 1. The Son cannot claim right on the self acquired properties of the mother while she is alive. The properties held in mother's name shall be treated as self acquired property. 2. Since nomination is disputed, the settlement of funds would be done among the legal heirs, therefore succession certificate will be required. 3. Under the Benami Transaction Act, no suit lies for the recovery of any benami property. 4. Succession Certificate only determines the legal heirs and, whereas the partition suit is for a decree of the court to get a share/shares in the property, so there is no question of res judicata as these are inherently different. These two will be dealt separately by the court as per the procedure for each.

you seem to know more than me. i wonder if i should lend any advice to you at all. nevertheless let me see if i make some valuable contribution....... first as the property is the self acquired property of the deceased father acquired in the name of his then wife so as far as heirs are concerned the property is both de jure as well as de facto is of the mother (said wife ). and mother has absolute right to dispose off the same as per her wish. second if the nomination change is denied by the original nominee and made using otp after the death of the father then the nomination change will be revoked by the bank on court order. third appoint a suitable lawyer who can present your case accordingly and obtain speedy relief. #Civil #freeLegalAdviceOnCivil

Dear Client, The order is in the favour of the respondent as because the revision petition filed by the petitioner under section 227 of Indian Constitution has got dismissed by the court. If you are dealing with the subject matter in which same arbitration sec 8 Application dismiss by Educational Tribunal clause, this order might help you. In this matter, it was decided that, 37 (1) (a) of the Arbitration Act, as the statute specifically provides for the remedy of an appeal against an order rejecting application under Section 8, ibid, therefore, instant revision petition is not maintainable. Moreover, the point to be noted that according to Section 8 of the Arbitration Act, the Education Tribunal is not a “judicial authority” within the purview of the statutory provision as it does not act judicially or exercise a judicial power. These decisions of the court might help you in establishing your other service matter. We hope that our response is helpful to you.