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Consult RTI Lawyers in India

L K Janghel Advocate

L K Janghel Advocate

Exp
Raipur , Chhattisgarh

Specialization

  • RTI
  • Civil
  • Criminal
  • Consumer Protection
  • Human Rights
Total Answers Given : 3
Jaya  Dhoot

Jaya Dhoot

Exp
Jaipur , Rajasthan

Specialization

  • RTI
  • Divorce
  • Criminal
  • Cheque Bounce
  • Banking
ARSHAD ALI ZAIDI ADVOCATE

ARSHAD ALI ZAIDI ADVOCATE

Exp
Saharanpur , Uttar Pradesh

Specialization

  • RTI
  • Cheque Bounce
  • Criminal
  • Divorce
  • Domestic Violence
Total Answers Given : 46
Jayesh R Jadav

Jayesh R Jadav

Exp
Kheda , Gujarat

Specialization

  • RTI
  • Civil
  • Criminal
  • Arbitration and Mediation
Total Answers Given : 17
Shantaram Changdev Bedekar

Shantaram Changdev Bedekar

Exp
Raigad , Maharashtra

Specialization

  • RTI
  • Documentation
  • Civil
  • Cheque Bounce
  • Criminal
Total Answers Given : 4
RAKTIM  PUJARI

RAKTIM PUJARI

Exp
Sundargarh , Orissa

Specialization

  • RTI
  • Banking
  • Cheque Bounce
  • Corporate and Incorporation
  • Consumer Protection
Total Answers Given : 3
Adithya  Kumar HR

Adithya Kumar HR

Exp
Bangalore , Karnataka

Specialization

  • RTI
  • Banking
  • Cheque Bounce
  • Bankruptcy and Debt
  • Civil
Total Answers Given : 1
Shitanshu  Gaur

Shitanshu Gaur

Exp
Delhi , Delhi

Specialization

  • RTI
  • Domestic Violence
  • Trust and Society (NGO)
  • Sexual Harassment at Workplace
  • Cheque Bounce
Total Answers Given : 1
Shivam Dwivedi Advocate

Shivam Dwivedi Advocate

Exp
Kannauj , Uttar Pradesh

Specialization

  • RTI
  • Criminal
  • Cheque Bounce
  • Consumer Protection
  • Divorce
Total Answers Given : 1
Jag  Jit

Jag Jit

Exp
North Delhi , Delhi

Specialization

  • RTI
  • Criminal
  • Cheque Bounce
  • Child Custody
  • Civil
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  • What is RTI?
  • What cannot be Sourced from RTI?
  • How to file RTI?
  • What can be the Reliefs on filing RTI?

What is RTI?


Right to Information or RTI is the provision which enables citizens to request information from a “public authority” (body of the Government or an instrumentality of the State). It mandates timely response to the request filed by citizen for a government information.

What information is exempt from the Right to Information Act?


As per Section 8 of the RTI Act, certain types of information are exempt from being provided under an RTI application. Some of the exemptions have been listed below:

  • Any information which would affect the sovereignty, integrity, and strategic interests of the Indian State are exempt.
  • Disclosure of any information which would constitute contempt of court, or which has been expressly barred from publication by any tribunal, or the disclosure of which would cause a breach of privilege of Parliament or State Legislature.
  • Information which is made available to a person in capacity of their fiduciary relationship with someone.
  • Information which is personal information the disclosure of which would not have any public interest would be exempt as it would cause an unwarranted breach of privacy.

What is the Governing Law of RTI?


The Right to Information Act, 2005.

Procedure for RTI filing-


Following is the summarised process for filing an RTI:

  • Identifying relevant department of the government would be giving the information, for example in RTI’s related to tax matters, the concerned authority would be Income Tax Department.
  • Writing the application as per the prescribed format However, following the format is not necessary and it can be submitted on a plain paper in Hindi/English or other language.
  • Payment of fees- An amount of Rs. 10 is charged on an RTI application, which is made in form of an Indian Postal Order which is to be attached in the application.
  • Send Application- After the completion of above steps, the RTI application can be sent via speed post/registered post. If a reply is not received within 30 days, then the central information commission can be approached.

Some Legal facts of RTI:


Following is the summarised process for filing an RTI:

  • As per Section 6(2) of the RTI Act, 2005 – the applicant making request for the information is not under the obligation to provide any reason for the requesting of his information.
  • Article 370 of the Indian Constitution keeps the state of Jammu & Kashmir outside the ambit of RTI. However, there is an act called ‘Jammu and Kashmir Right to Information Act of 2009’.
  • Exception to RTI – if an information, which is beyond the domain of a state government, is requested for to the State Information Commission, then they can revert back suggesting you to file an application to the Central Information Commission or the relevant Central Authority.
  • Subhash Chandra Agrawal v. Office of AG – Delhi High Court held that office of the Attorney General of India is a public authority under the Right to Information Act.
  • Jiju Lukose v. State of Kerala – Kerala High Court said that the police are obligated to provide a copy of the FIR on an RTI application unless a relevant authority under Section 8 of the RTI Act exempts from the copy being provided.

Reliefs provided under Right to Information Act:


If the applicant doesn’t receive a response to the application within the prescribed time period, then he may file an appeal under Section 19 of the RTI Act, the first appeal is addressed to the first appellate authority which is designated in each public department/authority.

RTI applicants can also directly approach the State Information Commission or the Central Information Commission if they do not get a response on their RTI application within the stipulated time period.

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All you need to know about cheque bounce

ALL YOU NEED TO KNOW ABOUT CHEQUE BOUNCECheque bounce is one of the most common problem people face these days. What is cheque bounce? When does cheque bounce happens? What are the reasons for cheque bounce? How to deal with that? These are the common queries people have regarding cheque bounce. In this blog, I shall discuss all the topics related to cheque bounce and how to deal with that.WHAT IS CHEQUE BOUNCE?Before that we need to know what is actually a cheque? A cheque is basically a bill of exchange drawn upon a designated banker which is payable only when it is demanded by the applicant. Cheque bounce which is also known as dishonour of cheque is a basically failure of payment by the drawer towards the drawee or say it is an unpaid cheque returned back by the bank due to some or the other reasons.WHAT ARE THE REASONS FOR CHEQUE BOUNCE?There are various reasons a cheque can bounce. Following are the reasons for cheque bounce:-·      The signature on the cheque and the signature on the official documents like passbook, etc are different.·      Overwriting on the cheque can also be a problem if it is clearly visible.·      Cheque presented after the expiry of time period i.e. 3 months·      By any chance the bank account has been closed by the account holder or by the bank itself.·      Opening balance is insufficient·      Insufficient funds in the account of the drawer.·      The payment has been stopped by the drawer himself·      Inconsistency in the figures written on the cheque.·      Inconsistency in the amount number on the cheque.·      If the stamp of the company presenting the cheque is missing.·      In case the cheque is presented from a joint account and the signature of any of the account holder is missing.·      Any of the person i.e. the drawer or the drawee has died.·      By any chance the drawer has turned insolvent.·      Signs of insanity found in the drawer.·      Any alterations found in the cheque.·      Cheque issued against the rules of trust.·      The bank doubts the authenticity of the cheque.·      The cheque has been presented at the wrong branch by the drawee.·      The amount mentioned in the cheque crosses the limit of the cheque overdraft.Thus, above mentioned are the situations where a cheque issued can bounce due to some minor problems and hence can create a problem for both the drawer and the drawee.Well, every problem comes with a solution. Thereby we will discuss about the solutions and how to deal with cheque bounce cases:-CHEQUE BOUNCE CASE- WHAT AND HOW TO DEAL WITH THE PROBLEM?According to Section 138 of the Negotiable Instrument Act, 1881 cheque bounce is a criminal offence. Nevertheless, the aggrieved party in such cases can file both the criminal as well as a civil suit against the accused.Below mentioned are the actions one can take for a cheque bounce case:-·      Resubmission of the ChequeAfter being aware of the bounced cheque, the issuer of the cheque gets another chance to correct the error which caused the cheque bounce and can ask the payee to resubmit the cheque for clearance provided it is done within the time frame which is 3 months from the date of cheque bounce.·      Demand NoticeBy any chance if the cheque happens to bounce for the second time the recipient of the cheque opts to send a demand notice to the issuer of the cheque asking to transfer the required amount within the next 15 days. Also, the demand notice is sent within 30 days of receiving the notice of bounced cheque from the bank. ·      Filing a ComplaintEven after sending a demand notice there is no response from the issuer of the cheque then the drawee can file a complaint before the court within 30 days. You can also file a case after 30 days if you can provide a reasonable justification for the delay and the magistrate finds the reason justifiable enough. Keep in mind the court must be situated in a location where the cheque was presented or returned by the bank.The case can be filed under Section 138 of the Negotiable Instrument Act, making sure that the cheque issued as a gift cannot be covered by under such section.Moreover, for seeking remedies the recipient of bounced cheques can also file a complaint about cheating under Section 420 of the Indian Penal Code.·      Civil ComplaintIf filed a complaint regarding bounced cheques the issuer gets the punishment in terms of jail but in most cases does not let the recipient get his dues. Thus, it is advisable for the recipient if the bounced cheque to file a separate civil suit for the recovery of the amount he is supposed to get.PUNISHMENT AND PENALTYAfter receiving the complaint along with relevant papers and affidavit the court shall issue summons and hear the matter. If found guilty then the defaulter shall be punished with imprisonment for a term of two years or more or monetary penalty which can be twice the amount of the cheque or both. Also, the bank has the right to cease the cheque book facilities and close the account for repeated offences of cheque bounce. Consult Lawyer for Cheque Bounce Matter

Posted By

Neha Roy

2 days ago

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How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

2 months ago

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