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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Landlord and tenant should know about the nitty-gr...

Presumably the Model Tenancy Act, 2019 vis-à-vis rental housing will aid in the transformation of the legal perspective in its entirety throughout India and may also encourage private participation in this sector.The newest draft Model Tenancy Act, 2019 is empowered in limiting security deposits for housing at two months’ rental and for other properties one months' rent.In order to ensure that the rights and interests of both landlords and tenants are balanced and also ensure that there is adequate rental housing in India, the Ministry of Housing and Urban Affairs has formulated the Model Tenancy Act, 2019. The Finance Minister alluded to the fact that promoting rental housing on the part of the government would necessitate several reform initiatives including the finalization of a Model Tenancy Law replacing the archaic current Rental Laws that do not throw light on the linkage among the Lessor and the Lessee in a realistic and fair manner.The conviction of the government is that the Draft MTA will work as a catalyst vis-à-vis revamping rental housing and the relative legal backbone throughout India and may encourage the segment’s private participation. Needless to mention that experts in the industry along with developers have a preference for the Act.The government is ultimately responding adequately in revamping the archaic laws which were outstanding for a long time. At a time when there is a shortfall in affordable housing, rental housing potentially can contribute to the Government’s aim in making Housing for All come to fruition within two to three years at the most.  Vacant housing is because of dark property rights and inept implementation of rental contract laws, which this Act aims at addressing. The10 things regarding the Model Act which all landlords and tenants ought to be aware of are:1. The new draft Model Tenancy Act, 2019 aims at capping security deposits at two months’ rental in the case of housing and one month’s rental for any other property. Nonetheless, however well-intended, this ceiling may harm landlords particularly in cities where typically hefty security deposits are the norm. A security deposit of two-month would be insufficient for compensating the landlord if the property has been damaged majorly.2. Under The Act, recalcitrant tenants are penalized for declining to move out of their rental properties after the expiry of the rental period. In such a situation the landlord would be able to claim compensation which would be double the monthly rent for two months and four times the monthly rent thereafter. Property owners fearing tenants staying put in their properties which is deemed risky to let out their properties can now breath easy because of the Act.3. The Act specifically mentions that the landlord cannot deny a tenant essential utilities and accessing common facilities which have been the tenant’s common grouse in the past.   4. The landlord cannot increase the rental without notice of at least three months to the tenant, and also is not permitted to increase rent midway through a rental term.5. Once this Model Act becomes effective, letting would cease and on the flip side taking on rent any premises except by an agreement in writing.6. In no later than 2 months of the performance of the rental agreement, it would be compulsory for landlords and tenants alike to inform the Rent Authority about the tenancy agreement. Within a week the Rental Authority would roll out a unique identification number to both parties.7. Once the Model Act commences, a tenant without the prior written consent of the landowner would be constrained subletting the entire or part of the premises occupied by him, or optionally transfer or assign tenancy agreement rights wholly or partly. 8. The landlord-tenant agreement terms would devolve to their successors who would have equal rights and obligations according to the tenancy agreement, for the unused tenancy period.9. It ought to be noted that there would not be any impact or effect on current tenancies as the Draft Model Tenancy Act would be effective prospectively.Industry experts, nonetheless, fear that similar to RERA, the rules of the rental Act rules are prone to be convoluted at the state level as land is basically a state subject.Call 7604047601 for consultation with the registered expert landlord and tenant lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

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Consult Top Mergers and Acquisition Lawyers in India

ayush  arora

ayush arora

Advocate
Exp
, Delhi

Specialization

  • Mergers and Acquisition
  • Civil
  • Advertising
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
Aayush  Aggarwal

Aayush Aggarwal

Partner
Exp
Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • Intellectual Property, Copyright, Patent, Trademar
  • Corporate and Incorporation
  • Commercial
  • Contracts And Agreements
We are a team of lawyers who deal in matters pertaining to the Company Law, Trademark Laws, Copyright Laws, Income Tax Laws, Insolvency and Bankruptcy Code, RERA, Labour Laws and other commercial laws. View Full Profile
Rikesh  Singh

Rikesh Singh

ADVOCATE
Exp
South Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Oil and Gas
  • Power of Attorney
Aprajita  Pundhir

Aprajita Pundhir

Advocate
Exp
Pune , Maharashtra

Specialization

  • Mergers and Acquisition
  • Commercial
  • Contracts and Agreements
  • Corporate and Incorporation
  • Cyber, Internet, Information Technology
Corporate Lawyer, Insolvency Professional, GST Practitioner and a Fellow CS with over 15 years of experience in Corporate Legal and commercial Advising, Contracts drafting & management, Employee Relationship, Restructuring, GST, IPO, M&A, FDI, ODI, Start up, Intellectual Property, Private Equity. View Full Profile
Vinay Kumar Nukathoti

Vinay Kumar Nukathoti

Advocate
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Mergers and Acquisition
  • Family
  • Arbitration and Mediation
  • Banking
  • Cheque Bounce
Dimple  Gupta

Dimple Gupta

Legal Consultant
Exp
New Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • Financial Markets And Services
  • Software License
Anand  Bajpai

Anand Bajpai

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • Corporate and Incorporation
  • Cheque Bounce
  • Bankruptcy And Debt
  • Civil
A Corporate & Commercial Lawyer, Corporate (IBC & Company Law), Cheque bounce138 NI Act, Legal notices, Civil & Arbitration at DRT, NCDRC, NCLT, NCLAT, HIGH COURT, RBI, PMLA, SFIO, FCRA-MHA, Corporate Affairs(MCA), ROC, Regional Director (RD), Appellate DFS-MOF, MHA and ALL District Court View Full Profile
Raja Satyajit  Banerjee

Raja Satyajit Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Mergers and Acquisition
  • Advertising
  • Animal Laws
  • Aviation
  • Debt and Lending Agreement
Nikhil  Jain

Nikhil Jain

Trainee Associate
Exp
Mumbai City , Maharashtra

Specialization

  • Mergers and Acquisition
  • Debt And Lending Agreement
  • Equipment Finance And Leasing
  • Financial Markets And Services
  • Landlord And Tenant
Irfan Ahmed Saeed

Irfan Ahmed Saeed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Mergers and Acquisition
  • Civil
  • Domestic Violence
  • Intellectual Property, Copyright, Patent, Trademar
  • Real Estate
Having 10+ years experience in the legal field. International exposure,having clients in USA and Africa. Expert drafting Skills and well versed with court procedures. Dealing with CIVIL ,CORPORATES , CONSUMER, REAL ESTATE, CONSTRUCTION, DOCUMENTATION, REGISTERATION AND FAMILY MATTERS. View Full Profile
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  • What is Mergers & Acquisitions Laws?
  • What is a merger?
  • What is an acquisition?
  • What is a takeover?
  • What is the need for Mergers & Acquisitions Laws?
  • How is Mergers & Acquisitions Laws legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Mergers & Acquisitions Laws related queries and also guide you on how to resolve this matter with ease.

About the Mergers & Acquisitions Laws


The term 'merger' isn't characterized under the Companies Act, 1956 ("CA 1956"), and under Income Tax Act, 1961 ("ITA"). Be that as it may, the Companies Act, 2013 ("CA 2013") without entirely characterizing the term clarifies the idea. A 'merger' is a mix of at least two elements into one; the coveted impact being not only the gathering of advantages and liabilities of the particular elements, however association of such elements into one business. The conceivable goals of mergers are multidimensional - economies of scale, procurement of innovations, access to parts/markets and so forth. By and large, in a merger, the combining elements would stop to be in presence and would converge into a solitary surviving substance. There are several types of mergers, some of them are horizontal mergers take place between competing businesses, vertical mergers which refers to mergers between businesses that belong to different stages of the production process (a shoe company merging with a company manufacturing leather), conglomerate mergers which refers to merger between organisations belonging to unrelated industries.

Regularizing and Legal Recognition of Mergers & Acquisitions Laws

Sections 390 to 394 & Sections 230 to 234 of the Companies Act 1956 look into the regulation of mergers.

Since a merger essentially involves an arrangement between the merging companies and their respective shareholders, each of the companies proposing to merge with the other(s) must make an application to the Company Court5 having jurisdiction over such company for calling meetings of its respective shareholders and/or creditors. The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the Takeover Code) restricts and regulates the acquisition of shares, voting rights and control in listed companies. Section 395 of the Companies Act envisages a complete takeover or squeeze-out without resort to court procedures. Section 395 provides that if a scheme or contract involving the transfer of shares or a class of shares in a company (the ‘transferor company’) to another company (the ‘transferee company’) is approved by the holders of at least 9/10ths (in value) of the shares whose transfer is involved, the transferee company may give notice to the dissenting shareholders that it desires to acquire the shares held by them.

Under the Companies Act 2013, if a person or group of persons acquire 90% or more of the shares of a company, then such person(s) have a right to make an offer to buy out the minority shareholders at a price determined by a registered valuer in accordance with prescribed rules.

The Takeover Code is applicable in cases of acquisition. Under the Takeover Code, an acquirer is mandatorily required to make an offer to acquire shares from the other shareholders in order to provide an exit opportunity to them prior to consummating the acquisition, if the acquisition fulfils the conditions as set out in Regulations 3, 4 and 5 of the Takeover Code. Under the Takeover Code, the obligation to make a mandatory open offer by the acquirer is triggered in the certain events.

Acquisition / Takeover


An 'acquisition' or 'takeover' is the buying by an individual, of controlling interest in the share capital, or all or significantly the greater part of the assets as well as liabilities, of the target. A takeover might be friendly or hostile, also, it might be affected through settlements between the offeror and the bulk shareholders, buying of shares from the open market, or by making an offer for acquisition of the target’s shares to the whole group of shareholders.

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