Uncontested divorce or divorce by mutual consent is a form of divorce where both husband and wife agree to dissolve their marriage and there is no disagreement as to the same. It is the simplest, easiest and fastest way to dissolve a marriage. The essentials to move Court to obtain decree of divorce under this kind are:
Mutual consent of husband and wife to dissolve marriage;
Mutual consent as to the custody of the child;
Mutual consent in regards to the amount of maintenance or alimony.
Real Estate Regulation Act (RERA) is the new law for buyers in case of delay in possession by builders. It was introduced to address grievances of buyers and to bring transparency and accountability in country’s real estate sector. The Act provides for ways to tackle real estate problems if the builder if he delays possession or cheats buyers.
The legal remedies available to the buyer are two-fold:
File Complaint to Regulatory Authority under RERA through a property lawyer in India if builder delays possession;
File a complaint in the consumer court to recover money with interest.
The Real Estate Regulatory Authority or the adjudicating officer of the Regulatory Authority is a statutory tribunal created by the RERA to bring accountability and transparency in the Real Estate sector in India.
The changes that have been envisaged under RERA are massive for putting accountability on the timelines of builders. The promoter’s promise will now have a legal standing to it. At the time of the signing of the final contract, the promoter is required to provide all the documents, as well as a declaration, supported by an affidavit stating the time period within which the project or the specific phase will get completed.
Builders pre-launch the flats without registering their site plan and cheat buyers by fleeing away with the money or abandoning the site or using the funds for construction of some other site. RERA prohibits this practice of misuse of the buyer’s trust. Further, the lack of any authority over the builders mandating them to get their site plan registered or to check accountability gave them autonomous power. Occupancy certificate and possession certificate under RERA, provides for an accountability regime for unscrupulous buyers.
Court Cases Are Public Records
Court judgments are public records. If a case is heard by a court of India, no one can argue that the opinion should not be published and viewable by all, unless the court itself expressly says it cannot be published or a law says it cannot be.
The decisions of the Supreme Court are the law of the land, and all citizens can read their decisions. Not just the Supreme Court, courts today are publishing their judgments and orders on the Internet. If you search for a current court case from judis.nic.in or a high court website or the district court websites, you will find details of that case directly from the courts.
Who gave permission to JCVIndia to publish court cases?
As mentioned above, Court cases are public records and we do not need anyone’s permission to publish court cases. The Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgments does not constitute an infringement of Copyright.
We will not remove or modify any public documents without an order of the court competent to do so.
Remember, there are many, many copies of these court decisions in existence, and JCVIndia or JCVIndia.com has just one of those many copies.
In a limited set of cases, we will remove the name, address and any other identity of the victim from the court judgments for cases registered under Section 376 IPC, Section 376A-D, Section 354 IPC or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. You can send an email to [email protected] with the link/URL of the case on JCVIndia.com
In accordance with the provisions of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015, we will remove any identity disclosure of a juvenile in conflict of law inadvertantly done in a court order unless such removal is explicitly prohibited by a Juvenile Board or a Committee, specially constituted for the purpose that allows for such a disclosure to be made.
Rental income is charged to tax in the hands of the owner of the property. Your daughter is the owner of the house and, therefore, she is liable to pay tax, even though you receive rent. If the house is transferred to you, then you will become the owner and you will have to pay Income-tax on the rental income.
An individual who is resident in India and whose total income does not exceed Rs. 5,00,000 is entitled to claim rebate under section 87A. Rebate under section 87A is available in the form of deduction from the tax liability. Rebate under section 87A will be lower of 100% of income-tax liability or Rs. 12,500. In other words, if the tax liability exceeds Rs. 12,500, rebate will be available to the extent of Rs. 12,500 only and no rebate will be available if the total income (i.e. taxable income) exceeds Rs. 5,00,000.
The definition of cheque is an instrument, most commonly used means of making payments in the commercial and business world. It is defined under Section 6 of Negotiable Instruments Act as a bill of exchange, issued by the drawer to the banker. Cheque is issued with the purpose of guiding the banker to pay a certain sum of money when demanded by the specific person. A cheque is a tripartite transaction involving at least 3 parties one of them always being a bank.
A cheque can be crossed, open, post-dated, anti-dated, bearer or order cheque. A cheque needs to be duly signed by the drawer and the drawee must be certain to prevent misuse of such cheque.
A cheque is the easiest means of payments in the business world. However, often innocent people are fooled by giving them cheques issued on bank accounts which have insufficient funds. In this condition, cheque when sent to the bank, bounces or is dishonoured. The legal remedies available in case of cheque bounce are:
Action under Section 138 of Negotiable Instruments Act: In the event of expiry of notice period of 15 days, the payee has the right to file a criminal case within 30 days of such expiry of notice period in a court of competent jurisdiction with the help of experienced cheque bounce lawyers in India.
Civil Action as Summary Suit: This remedy is available for a longer duration of time. You can file a summary suit for debt recovery in India for the amount of cheque along with interest and legal expenses. Notice can be issued for filing of the summary suit in regards to recovery of money.
Criminal Action under Section 420 IPC: This remedy is in the nature of criminal suit for the offence of cheating under Section 420 of Indian Penal Code (IPC) within 3 years from the date of issue of cheque. The remedy is not directly related to a cheque bounce case. It is only applicable if you can prove that the drawer cheated you and had dishonest intention to cheat. It is but an additional remedy in cases where cheating forms a part of the offence.
An expert cheque bounce attorney in India can guide you the best in regards as to the action you must take.
Indian Entry X visa is for the people of other countries who want to come to India but do not come under any specific category for an Indian Visa applicant. Volunteers can be one example of this category. This kind of visa is limited for the following types of visitors to the country:
A foreigner who is of Indian origin.
The spouse and kids of the foreigner of Indian origin
Indian citizen residing abroad
The spouse and dependent kids of a foreigner visitor on a long term Visa like Employment visa or Business Visa.
However, those who are of Indian Origin and are visiting India can apply for this Entry X Visa while visiting India. The Entry X Visa is not subject to two months gap. Those holding this visa cannot work in India or accept any kind of future or present employment. X Visa holders can get an extension in India. You can consult top immigration lawyers online for further information