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Hello friends today we shall discuss this common issue which we face while buying a home for our family. The whole process starts with the lucrative advertisements and other promotions which help the builder and promoters companies to attract the prospective buyers. Initially a very rosy picture is shown to the buyers which entices them to invest their hard earned money. So once the initial advance is deposited by the buyer, two situations might arise:- Firstly, in case of finished project, the buyer can, immediately after a gap of few months as stipulated in the builder- buyer agreement, make the balance payment and take in the possession. In such a scenario there are practically very less chances of a dispute. However the main problem arise in the second situation in which the project is still not started or its in the initial stages of construction. In such situations, the buyer after paying the initial advance amount gets stuck and is depended on the mercy of the builder/promo...

H ello friends today we will discuss the basic attributes of the relationship between principal and the surety. The liability of the guarantee is co-extensive with the principal debtor. It is the duty of the guarantor to pay the debt to the creditor. To a certain extent liability of the surety can be discharged.   Guarantee means assurance or promise.   A contract of guarantee is the tri party agreement between the creditor, debtor and the surety. The essential ingredients of guarantee agreement are :- Existing recoverable debt which must be specific; Duty to perform the obligation; There must be concurrence of Principal, Debtor and Guarantor. In other words, there must be a tri party agreement in existence.   There must be a valid consideration which is same as the amount of loan itself in such type agreement and same is covered under Sec 127 of the Contract Act Rights and Liabilities Sec 140 --once a guaranteed debt is satisfied paid by the guarantor, then al...

H ello friends, today we will discuss the topic  PASSING OFF widely used in context to the intellectual property rights. Passing off can be used to enforce unregistered trademark rights. It basically prevents a person from misrepresenting his goods or services as that of the other person who has attained reputation in the market. Earlier this concept was confined to goods later on it extended to cover services as well. This concept is ever changing and hence is based on the principle of dynamism as opposed to the static theory. Earlier this concept was based on principle of deceit however as the time passed, it has been observed that passing off is applicable even when there is no intention to deceit. Therefore even if a person in good faith adopts a mark of someone else, then also it amounts to passing off. Earlier in the absence of deceit there was no action for passing off but later in the 19 th century even such action came to be governed under passing off. The advocaat c...

आज "Digital India"  के समय में, " चेक"   वित्तीय लेनदेन का एक प्रमुख स्रोत बन गया है।  इससे संबंधित धोखाधड़ी भी एक बड़ी समस्या बन गई है, क्योंकि भुगतान नकद की तरह मौके पर नहीं होता है। चेक बाउंस आज के समय में एक बहुत बड़ा और आम मुद्दा है। फिर भी हममें से अधिकांश लोग चेक बाउंस के मामले में कानूनी प्रक्रिया से पूरी तरह अनजान हैं। तो दोस्तों आज हम चेक बाउंस के मामले में कानूनी प्रक्रिया पर चर्चा करने जा रहे हैं।  1) चेक बाउंस के सामान्य कारण हैं:      i. हस्ताक्षर में अंतर,     ii. खाते में पर्याप्त धन नहीं है,     iii. खाता बंद  है,    iv. देनदार द्वारा भुगतान पर रोक,    v.   शब्दों और राशि में अंतर,    vi.  जब सरकार या अदालत द्वारा खाते को फ्रीज किया गया हो । 2) जैसे ही चेक बाउंस हो जाता है, चेक धारक को व्यक्तिगत रूप से या अपने वकील के माध्यम से, रिटर्न मेमो जारी होने के 30 दिनों के भीतर, कानूनी नोटिस भेजकर...

Hello friends today we shall discuss the basics behind the document commonly termed as ‘ Power of attorney’  it is a french word, which means a legal document giving the authority to an agent to act on behalf of the principal. Situations When the person appointing an attorney is unable to attend a particular event out of some incapacity. For e.g., a person is staying in Delhi and he wants to sell his property in Mumbai, then he may appoint an agent i.e. authorize some other person who can sell his property on behalf of the original owner. Likewise, agent can also be appointed in case the principal is incapacitated by an illness or disability.  Types Now power of attorney may be special or general in nature. Special power of attorney is executed for executing a specific purpose as mentioned thereof whereas general power of attorney may be given for in respect of a series of acts emerging out of particular act. For e.g. ,to manage the general affairs to a   particu...

Hello friends, as we have already discussed in our recent blog about the common grounds for divorce . Today in this article I will give you a brief overview about the procedural aspects of divorce. Section 498 A IPC (Indian Penal Code) The most amount of cases are generally filed under this provision. This is a provision which comes to the rescue of the wife who has been subjected to cruelty. The case is filed under this section only if the legally wedded wife is subjected to the act of cruelty either by his husband or any other relative of the husband. The definition of the term cruelty under this section and is said to include the following: Any wilful conduct leading the wife to such an extend that she might be thinking of commiting suicide or any grave injury causing danger to her womb, life, or any harassment whether mental or physical; It further includes any act causing harassment to the wife by forcing her to bring money personally or even pressurizing her to ask for money ...

  Hello friends, today we shall take note of some of the important provisions of the Specific Relief Act, 1963, which came into force on 01.03.1964 to define laws for granting certain specific reliefs. Section 4 – stipulates that specific relief shall only be granted for the purpose of enforcing individual civil rights and not merely for a penal law. Section 6 – talks of the situation where a person has been dispossessed of the immovable property without his consent he or any person claiming through him, may file a suit to recover his possession, however such suit shall be filed within a period of 6 months from the date of such dispossession.   The person claiming through him, can be a landlord whose tenant has been dispossessed by someone else, etc. The main purpose behind this section is to stop a person from dispossessing another by use of force or against his consent otherwise than due process of law. Section 9 -  provides that in case any suit is filed for ...

Hello friends, today we shall talk regarding the general procedure adopted by the banks and other financial institutions in order to recover the amount which they have credited to the borrowers. For recovery of loan amounting to less than Rs. 10 lacs, the security creditor be it bank or otherwise, can file a simple suit for recovery or suit under order 37 CPC in case of having any valid proof like acknowledgement. For recovery of loan amount of more than 10 lacs, the bank has to approach the forum known as Debts Recovery Bank, ( in short DRT )which has been notified and established by the Central Govt. for banks and other financial institutions to recover their dues. Now the procedure which banks need to resort to  before filing a case of recovery before DRT has been defined in Section 13 of the SARFAESI Act. As per Section 13(2) of the Act, in case the borrower makes a default in payment of installments, in such an event, the bank, after the prescribed period can label his accoun...

 Hello friends, today we will discuss about the term "injunction". The meaning of this term in common language is to prevent someone from doing a particular act or in some cases to allow someone by giving permission for a particular act. There is a very basic rule which helps in determining whether we shall file a case of injunction or not. To understand this lets take a simple example. Suppose person A wants to restrict person B from selling a piece of land. Now if A comes to the court and files a suit against B, the first thing which court has to see is whether A is in possession of the land. If he is in possession, he can file a case of injunction against B, otherwise if it is found that A is not in possession then A cannot seek for injunction alone, he has to also ask for possession, then only his case will be admitted. This leads us to the basic rule which is set by the supreme court that simpliciter suit for injuction is not maintainable. It means that if you are asking...

Hello friends today we shall discuss the pre-requisites one should keep in mind before buying any property. 1.     Make a through survey of the area in which you want to purchase a property. This can done either with the help of any of your relatives or friends residing in that particular area or otherwise you can take help of any of the local property dealers. Such survey also enable you to become aware of the general price of the properties prevailing in that particular area.   2.     If during that survey you tend to become interested in any one of the properties, in that case, you can first ask for the chain of the documents to have a glance in order to know if everything is fine or not. 3.    Before finalizing the deal you can make a search in the relevant authority to verify the details of current owner of the said property.   The details like free hold, occupation certificate, etc. may be verified. 4.    Before m...

  Hello friends today we shall discuss some of the important provisions of the Arbitration and Conciliation Act, 1996 (amended as upto date). The main objective of this act is to facilitate the parties   involved to try and solve the dispute in a fair, efficient and with minimal intervention of the courts. The following are some of the important sections of the said act explained in simple terms :- Sec7 —this section talks about the term arbitration agreement . The pre-requisite of starting an arbitration is the need of an arbitration agreement which shall be in writing. It may be incorporated as a clause in the main contract or be entered separately by the parties to it. Sec 8 —it deals with the power of the parties to refer a dispute before arbitration. It means that in case one of the parties to an arbitration agreement files a suit before the court, in such an event, the other party may at the first possible instance and before filing its defense file an application be...

Hello friends, today I will give you a brief introduction about Lease Deed . Whenever one wants to occupy any premises for residential or commercial purposes on lease, the first thing which the parties have to look into is the execution of the lease deed. The person who gives the premises on rent is called the 'LESSOR' and the one who takes/uses the said premises  is called the 'LESSEE'. In common parlance, they are known as the landlord and the tenant. The money which is to be paid for the particular premises that is being used by the tenant is defined as the 'rent'. Now very often, once the parties enter into such type of lease deed, a common dispute which is likely to arise is the issue of termination before the period of lease. For such cases, law is well established as per which;  In case the lease deed is concerning with the residential purpose, the same can be terminated by giving a notice in writing to the other party which gives a time of 15 days and af...

In layman terms, it means a will that is certified by the court of law. It can be used to get the will authenticated by the court of law.  It cannot be granted to a person of unsound mind or minor or association of person. Although it can be granted to a company which satisfies the rules prescribed in the notification as per the Official Gazette by State government.  Although it is not mandatory for a person to get the will probated however in some states it is mandated by law like Bombay, Calcutta and Madras. even otherwise it is advisable to get the will certified by the grant of probate in your favor.This is because it has certain benefits attached to it. One such advantage apart from providing legal sanctity to the will is that in a case of probate, the petitioner has to pay a very less court fee as compared to fees paid in the normal suit for declaration. WHO CAN OBTAIN PROBATE Under Hindu Succession Act, only persons who are Hindus, Sikhs or Jains have the right to apply...

Hello friends, today we shall discuss some key aspects that can be used while defending a case filed against a person or an entity under the provisions of Sec 138 Negotiable Instrument Act, in other words, a cheque bounce case. In such cases, there is an initial presumption against the person who has issued a cheque that the same was issued by him in lieu of legal debt/lawful consideration. It means that firstly in such type of cases, the person against whom a case is filed, he has to rebut the presumption which has been drawn against him. If this has been done in first place, then the onus/burden again shifts upon the complainant and now he has to clear that doubt which the accused has raised by placing evidence on record. Thus, the initial thing which the accused has to do in such cases is to get himself absolved out of the initial presumption which has been made against him, which can be done by merely casting a doubt or loopholes in the case set out by the complainant and such doub...

Hello friends, today we shall look into some of the key aspects involved in day to day affairs connected to partnership. The rules governing the same are laid down in THE PARTNERSHIP ACT 1932 . Some of the important sections of the said act are as follows:- Section 4 talks about the basic meaning of the term partnership stating its being a relation between the parties who has come together for a business. In other words, it is created by a contract and not by a mere status. Section 6  deals with the issue as to determine the status of a business as to being a partnership or not. Section 7  says that any partnership shall be governed as per will of the persons entering into the same. NOW WE SHALL TALK ABOUT THE DISPUTES ARISING THEREFROM AND THEIR REMEDIES DISPUTES   1. Where one set of partners wants dissolution and remaining wants to continue with the partneship concern there may arise a situation of a possible dispute. 2. The dispute might arise in case of a particular...

Today we will discuss about the act which has been formulated to govern the general principles regarding the filing of suits and applications within pre-specified limits as stipulated under the said Act. The main purpose of this Act is to ascertain an outer limit within which an aggrieved person may file suits or applications in accordance with law. This is because otherwise the person who has done certain wrong will keep on anticipating endlessly that in future at some point of time an action will be initiated against him, which in turn will be prejudicial towards his rights to live in peace forever. Similarly this act thereby restricts a person to initiate any action after the expiry of the prescribed period or else it would be a never ending cause of causing mental agony to the person who has done wrong. This Act has been divided into 31 Sections and 137 Articles. The articles has been classified in the Schedule which is again divided into various parts described as below: PART 1 --...

An easement as defined under section 4 of the the Easement Act 1882 is a right which the owner or the occupier of a certain land possesses as such for the beneficial enjoyment of that land, to do or continue to do something or to prevent and continue to prevent something being done in aur upon certain other land not his own.  Anything that is permanently attached to earth say for example like a building also comes under this act. Six ingredients for invoking easementry rights are as follows : There must be a dominant and servient heritage. An easement must accommodate the dominant owner. Right of easement must be possessed for the benefit of the dominant heritage.  Dominant and servient owners must be different persons. Right should entitle the dominant owner to do and continue to do something or prevent from not doing something.  Something must be of a certain or well defined character.  Section 5 deals with continuous and discontinuous easement. Continuous easemen...

  Section 53a  of the Transfer of Property Act was inserted to explain the meaning of the doctrine of part performance. Contract of sale by itself do not confer any rights to the purchaser. Section 53a say that where any person enters into a contract to transfer for consideration any immovable property by writing, signed by him or on his behalf and the transferee has in in part performance taken possession of the said property, or was already in possession of the said property. Then the transferor is debarred from getting the position back from the transferee provided that transferee is willing to perform his part of the contract. In other words this section acts as a shield and not a sword for the bonafide purchaser. Essential Conditions   There must be a written contract for transfer. There must be a consideration for the transfer. The transferee must in part performance taken possession of the entire property or any portion thereof. The transferee must be willing ...