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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 17)

The Right to Information (Amendment) Bill, 2019

Background and Objective of the Act The RTI Act, 2005 was passed with the objective of promoting transparency and accountability in the working of the Government. The Act is a big step towards making the citizens informed about the activities of the Government. Amendments to the Act The Bill seeks to amend the provisions related to Chief Information Commissioner(CIC) and Information Commissioner(IC). As of now, the time period of the office of the CIC and IC is of 5 years. But now, the Bill seeks to amend their time period “for such terms as may be prescribed by the Central Government”. The same is...

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The POCSO Amendment Bill to provide Stricter Punishment including Death Penalty is passed by the Rajya Sabha

The Background of the Act The Protection of Children from the Sexual Offences Act, 2012 (POCSO) came with the objective of addressing the sexual abuse and sexual exploitation of the children through legal provisions. The Act is gender-neutral and it defines a child who is below eighteen years of age. The provisions of the Act are made as such that they provide due regard and well being of the children. The Amendments The Rajya Sabha cleared the POCSO Amendment Bill. And the bill includes some serious and deterrent punishments for people who are convicted under the POCSO Act, 2012. The minimum punishment for aggravated penetrative...

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A person other than accused under can be Summoned

.The appeal filed by the appellant from the judgment of Allahabad High Court to the Supreme Court. Justices R. Banumathi and AS Bopanna delivered the same. The brief facts of the case are that Subhash Chandra Shukla along with Sashendra Shukla, Devender Shukla, Lakshmi Shukla and Rahul Shukla (the other accused) formed themselves into an unlawful assembly. They came to the house of the complainant (Shiv Prakash Mishra) and started abusing him. The elder brothers of the complainant Sangam Lal Mishra and Sunil Kumar Mishra who were living in the opposite house. They came out and tried to forbid the accused from abusing. The accused Sashendra...

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UNION BUDGET 2019-20

An Introduction After a pre-election interim Union budget presented in February by former Finance Minister Shri Arun Jaitley, the Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman made her maiden Budget speech and presented the Union Budget 2019-20 on 5th July 2019 before the Parliament.  And after the Modi Government was re-elected to power following the 2019 Lok Sabha elections, this is the first budget to be presented under the Narender Modi 2.0 Government. So, before moving into the highlights of the Budget, let the achievements of the first phase of the Government of the Modi be recognized: 1 trillon...

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Mutation of Property

What is the Mutation of Property? A change of ownership in cases involving inheritance, the property Will, sale/purchase or through any Government settlement. The revenue department of the local municipal body is responsible for maintaining a comprehensive record of ownership of property and transfers. This enables the authority to affix property taxes and issue proper tax documents. Mutation filing is an extremely crucial part of buying the property. It enables proper receipt and utility bill generation in the name of the new buyer in place of the old. It is crucial to regularly track the mutation details and update information periodically to safeguard...

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Probate of a Will

What is Probate? Will has been defined under Section 2(h) of the Indian Succession Act, 1925 as a “Legal declaration of the intention of a person regarding his property, which he desires to take effect after his death,”. The Probate of the Will under the Indian Succession Act, 1925 decrees that probate is official proof of a Will. So, the court issues probate to the executors of the will, to authorize them with a seal of approval from the court. In case there are no executors of the will, the court shall issue only a simple Letter Of Administration. And the court shall not issue probate. It is essentially...

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Everything to know about writing a Will

What is a Will? A Will means the legal declaration of the intentions of an individual about his property and assets, which will take effect after the demise of the person. It is a unilateral contract. Further, It can be revoked or modified by the maker at any time when he would be competent. A Will drawn out by a Hindu, Sikh, Jain or Buddhist is governed by the Indian Succession Act, 1925. However, Mohammedans are not governed by the Indian Succession Act, 1925 and they can subsequently decide the disposal of their assets under Muslim Law. Who can make a Will? Firstly, Any...

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LEPROSY TO BE NO MORE A GROUND FOR DIVORCE

The Lok Sabha passed Personal Laws (Amendment) Bill, 2018. This Bill is passed to remove Leprosy as a ground for divorce. Leprosy is the contagious disease that affects the skin, mucous membranes, and nerves, causing discoloration and lumps on the skin and, in severe cases, disfigurement and deformities. It passed the Bill in Lok Sabha on August 2018. Before the passing of this Bill, the leprosy was a ground for divorce. The disease is curable now, as against the notion of it being incurable in the earlier times. The marriage comes under the preview of Personal Laws, therefore this Bill is also...

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RIGHT TO EDUCATION

Introduction to Right to Education  Education has always been an important part of anyone’s life. And especially the education of the youth is crucial for the development of the country. Before moving forward, let us know what exactly education is? Education is facilitating the learning, or the acquisition of knowledge, skills, values, beliefs, and habits. A child’s first school is always his/her home where he/she learns about the basic etiquettes. The education limited only to home is not enough for the evolution of both the child and the country. Therefore, Article 21A of the Indian Constitution is being stated so that free and compulsory primary education is being provided...

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DIFFERENT INKS ON NEGOTIABLE INSTRUMENT MAY RENDER IT VOID

A recent judgment of the Madras High Court says that different inks on the negotiable instrument may render it void. This is as per the material alteration mentioned under Section 87 of the Act. In 2007, the defendant named Kasi Pillai executed a promissory note for repayment in favour of the plaintiff named M Mallika. In 2010 the plaintiff had issued a notice for repayment. Therefore, she instituted a suit on the basis of the promissory note which was in her favor. However, in appeal, the Court set aside the judgment of the lower Court and passed an order in favour of Pillai’s...

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