BharathAditya

 Dishonour of Cheque [S. 138 NI Act and allied sections] Introduction Over the years there have been many important changes in the way cheques are issued/bounced/dealt with. Commercial globalisation has resulted in giving a big boost to our country. With the rapid increase in commerce and trade, use of cheque also increased and so did the cheque bouncing disputes.[1] The object of Sections 138-142 of the Negotiable Instruments Act, 1881  is to promote the efficacy of banking operations and to ensure credibility in transacting business through cheques.[2]  Section 138 casts a criminal liability punishable with imprisonment or fine or with both on a person who issues a cheque towards discharge of a debt or liability as a whole or in part and the cheque is dishonoured by the bank on presentation.[3] Section 138 was enacted to punish unscrupulous drawers of cheques who, though purport to discharge their liability by issuing cheque, have no intention of really doing so. Apart ...

 Indian Divorce Act | Karnataka High Court Declares Marriage As Void Saying Woman Misrepresented And Concealed Her Real Age From Husband Case Title: Stanis Laus Prathap Vs Mrs A Subhashini  Case No: MISCELLANEOUS FIRST APPEAL NO.5183 OF 2016 Date of Order: 01-03-2023 Bench: Justice Alok Aradhe and Justice Vijaykumar Patil The Karnataka High Court has declared a Christian couple's marriage as null and void holding that the woman had misrepresented and concealed her real age at the time of marriage. A division bench of Justice Alok Aradhe and Justice Vijaykumar Patil allowed the petition filed by the husband questioning the order of the family court rejecting his petition filed under Section 18 of the Indian Divorce Act. The family court had held that petitioner (husband) failed to prove the grounds to declare his marriage with the respondent as null and void. It was averred that appellant and respondent are Indian Christians and their marriage was solemnised in 2014 at Bhadrava...

 How to Legally Evict a Tenant:  A Step by Step Guide In this article, we take a look at the rights of a landlord when it comes to evicting a tenant. Introduction Tenants can sometimes get troublesome in many ways. They may be loud. They may be maintaining the property shabbily or, even worse, causing damage. But in between the landlord and the Tenant is the contractually binding rent agreement. And unless there is a detailed clause in the agreement regarding eviction, which is almost always not the case, then the evict a Tenant can refuse to evacuate the property against the landlord’s wishes until the rent agreement expires. There are two kinds of rental agreements: residential contracts and commercial agreements. Let us look at how the eviction process can be handled cleanly and legally in each case. Eviction in Case of the Commercially Leased Property If the premises have been rented for commercial purposes, then the landlord can evict the Tenant only under the following c...

  How to calculate compensation under land acquisition Act 2013? Valuation for Land Acquisition   The LA Act 2013 Brief:  Compensation package - The appropriate Government shall constitute multi-member land pricing commission or authority to finalize cost of land acquisition/compensation State-wise/area-wise as determined under Section 30(1) read with Schedule I to the Act. The Second Schedule lists eleven (11) elements of Rehabilitation and Resettlement entitlements   in addition to those provided in the First Schedule. The Third Schedule enumerates twenty five (25) infrastructural amenities to be provided for resettlement to the affected families.   The Fourth Schedule lists thirteen (13) Central legislations, which are sought to be exempted from the provisions of the Act in the Principal Act 2013 and as per executive order dated 28 th   August 2015 these 13 (Thirteen) acts are within the scope of RFCTLARR ACT 2013. I.e. Compensa...

 What Are the Legal Remedies When Police Refuse to Register an FIR As dealt with in the previous article, when an attempt is made for lodging an FIR [first information report] under Sections 154 or 155 of the Code of Criminal Procedure [CrPC], the police may simply register an FIR if an offence of cognizable nature is disclosed. In the event the police refuse to lodge an FIR, a complaint can be made before the Superintendent of the Police [SP] or Commissioner of Police [CP] and thereafter, such officers may investigate themself or direct an officer subordinate to them to investigate.   However, in the event no investigation is conducted by the SP/CP nor is it directed to be conducted through a subordinate officer, the remedy available to the informant/complainant is to approach a Judicial Magistrate of First Class [JMFC], who has the jurisdiction over the concerned police station before which an initial attempt to lodge an FIR was made.   The said remedy is available to t...