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Legal Rights in regards to Cheque Bounce

Avik Chakravorty

Dishonor of Cheque/ Cheque Bounce A cheque bounces or is dishonored when upon presenting a cheque in the bank it is returned to the payer unpaid. There are two reasons behind a Cheque Bounce and they are either insufficient funds in the bank account of the payer issuing the cheque or if there is a mismatch of signatures of the payer in the sense that the payer’s original signature and the signature on the cheque aren’t the same. One does have the option of taking legal action against the payer issuing a bogus cheque. Section 138 of The Negotiable Instruments Act is the most vital and effective legal provision to consider.  Few things to be mindful of   First and foremost the action that the payee ought to take is sending a legal notice or a demand letter to the drawer or payer of the cheque. One ought to also consult a check bounce attorney fir drafting the legal notice which ought to be sent within the stipulated period of a month from the Read More

GST UPDATES

Saket Mohta

A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier  As per the aforesaid provision, the time limit for taking input tax credit for the financial year 2018-19 is up to the filing of return (GSTR-3B) for the month of September 2019. The due date of filing of GSTR-3B for the month of September 2019 is 20th of October 2019. Thus, a taxpayer has the entire month of September 2019 at his disposal to carry out reconciliation of his books v/s return. On reconciliation between the return filed and the books, if he finds any difference then appropriate action is required to be taken by the taxpayer in the September 2019 month’s Read More

Differences Between a Business Lawyer and a Corporate Lawyer

Business lawyer: The Ground Level Details. An attorney who is supposed to take into consideration, the issues that affect businesses such as taxation, variety of business-related transactions and intellectual property to give an angle to his legal practice is known as a business lawyer.  Small businesses that are not well versed with the processes related to enacting their business models, get their advice from a business lawyer who covers almost all aspects of a business by carrying an in-depth analysis of the required case. Talking about startups, well these also require the very detailed implementation of rules and regulations which will help them establish something effective. Also, business lawyers deal with handling lawsuits, overlooking the staff manuals, implementing the standards followed in major Startup law firms and put into enforcement certain effective policies.  Business lawyers in major law firms come with another set of specialities. These Read More

Can a Daughter Claim on Ancestral Property

Avik Chakravorty

Post amendment in 2005, daughters, regardless of whether unmarried or married, is regarded as a member of HUF belonging to her father and can be the designated ‘karta’ managing his HUF property.)   Up until the amendment of the Hindu Succession Act, 1956, in 2005, sons and daughters did not have equal property rights. Although sons had absolute right over the property of their father's, only unmarried daughters were able to avail of this right. Once daughters get married, traditionally they are not a part of their father’s family anymore, rather they are a part of their husband’s household.   According to Hindu law, a Hindu Undivided Family (HUF) is essentially a group of persons, all direct descendants of an ancestor in common. People of Hindu, Jain, Sikh or Buddhist faith can form a HUF.  Daughters' rights in the Hindu Succession Act, 2005 Previously, once daughters got married, she wasn’t a part of the HUF of her father. According to Read More

REVOCATION OF A POWER OF ATTORNEY

Shreyash Mohta

In the recent times, there has been a lot of talks about ‘Power of Attorney’ alternatively called ‘POA’. In my recent blog, I shall discuss in detail about the following topics enumerated below, the insightful description of which shall give the readers a clear-cut idea about the so called ‘difficult task’ I.e. ‘Revocation of a POA’.  The topics discussed are listed as follows: - 1.    What is a ‘POA’ 2.    What are the types of ‘POA’? 3.    What are the laws governing ‘POA’ in India? 4.    Why is a ‘POA’ executed. 5.    Can a ‘POA’ be revoked/cancelled. 6.    Steps to be followed.  7.    Conclusion.  WHAT IS A POA Let us first start by clearing out the very basic concept about ‘POA’. What is a Power of Attorney? In the simplest of terms – A Read More

Why Judges Break The Nib of Their Pen After Passing a Death Sentence ?

Avik Chakravorty

Ever since the British Raj, it's customary for Indian judges to snap the nib after a death sentence has been proclaimed. However, it's doubtful as to how many people are aware of the purpose of or reason behind the custom. There are several reasons for a judge resorting to such action after passing the judgment.  Why this practice is in effect in courtrooms? There is symbolism in the breaking of the nib of a pen and the message conveyed through this symbolic act is that the pen that was used to decree capital punishment would never be used to decree similar punishment ever again.     Fundamentally, a death sentence in India is an extreme action taken as a response to radical anti-social activities that are unresolvable otherwise.    The symbolism of a broken nib of a pen is that the pen is tainted by the judge decreeing that a person be thrown to the gallows so to speak intends to get rid of it by snapping the nib. Read More

27 Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973

ASHISH SAMAL

27 Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973  A. Pre-trial stage  B. Trial stage  C. Post-trial stage  Now, each stage requires some steps to be fulfilled they are :    A. Pre-trial Stage  1. Commission of an offence (cognizable or non cognizable)  2. A. Information to police.  B. Complaint to magistrate. A. Information to police :  a. Information of cognizable offence.  b. Information of non cognizable offence.  a. Information of cognizable offence :  Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.  b. Information of non cognizable offence :  In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start Read More

Property Rights of Hindu Women

Avik Chakravorty

Its as much a tradition as its ironical that under the Hindu Law women after marriage and even before marriage were denied rights to claim their shares in both movable and immovable ancestral properties. Nonetheless, there were special cases of women getting inheritance rights; the right, however, was limited to enjoying the property.    With India’s independence, the Hindu law in regards to property recognizes and the spinoff effect was the Hindu Succession Act, 1956. Women were able to leverage this Act to establish rights of women in India to property , or inheritance rights in a Joint Hindu family got the much-awaited recognition. Nonetheless, a daughter even then did not get the formal recognition of a Coparcener.    The two schools of Hindu Law In India are 'Mitakshara' and 'Dayabhaga'. The followers of Dayabhaga School is not as widespread as Mitakshara School. The major difference between the two is in regards to Inheritance and Joint Family Read More

How police custody is different from judicial custody

Rameshwar Dadhe

    How police custody is different from judicial custody     ©Two type of custody:-                                1) police custody                                2) judicial custody 1) police custody: police custody means that police have a physical custody of the accused while judicial custody means an accused is in the custody of the court .in the former ,the accused is lodged in lock-up of a police station Earlier accused were afraid of police custody as they were subjected to harassment and physical torture but such incident have become fewer after the SC judgements enumerated the rights of Read More

Father's Custody Rights in India

   The issue of ‘Child Custody’ crops up during divorce proceedings or judicial separation; it becomes an important issue to be decided by the courts. It refers to the process of controlling, caring and maintenance of the child less than 18 years of age by the custodial parent (the rights have been granted by court) under set parameters such as financial security, understanding with child, lifestyle, etc. The prime rights of nurturing the child with respect to education, development, medical, emotional, physical, etc. lies with the custodial parent while the non-custodial parent only holds the right to access and meet the child.  In innumerable cases, both the parents are provided with access to the child, but the physical custody of the child is usually granted to one parent. The Family Courts while deciding on this need to keep the best interests of the child as of paramount Read More

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