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DEFICIENCY OF SERVICE

Basically lets try to understand what does the term deficiency of service actually means. As the name suggests, when a person avails any kind of service and the service provider fails to perform the same it amounts to deficiency of service. It comprise of two components: Firstly, there must be some kind service which has been availed by a person. It might be related to a use of product, or it might be in the form of a service. for instance, when one goes an purchase a simple item from a grocery store, and the said product found to be expired or not as per the standard promised by the company, it amounts to deficiency of service. Similarly we can take another instance where a person has purchase an LED SMART TV along with a warranty for say five years. Now in case he founds any problem in its working within the period of 5 years, in such a situation the company is bound to offer him the service by getting his / her TV repaired. However, in case when the said company fails to do or even ...

STAGES INVOLVED DURING A CHEQUE BOUNCE CASE

INTRODUCTION Today we shall discuss the different stages one has to go through after filing a cheque bounce case in court of competent jurisdiction. The length of each case depends upon its peculiar facts and circumstances. The intention of the parties coming before court is also relevant in determining the fate of the particular case. This is because the accused ( against whom case is filed ) if of the opinion that he has no defense to rely upon in the particular case or is otherwise liable to pay the money to the complainant, then in such a situation he can plead before the court that he admit its fault and is therefore is ready to pay the money of the complainant and in such a case the court can allow the parties to settle the matter amicably which not only saves the time of the parties but also relieve the courts from ongoing pendency to some extent. However, in case there is no scope of settlement, and the accused pleads not guilty, in such a situation the case has to undergo full...

STEPS TO GET DIVORCE THROUGH MUTUAL CONSENT UNDER Hindu Marriage Act

      Today we will discuss on the procedure of how to obtain a divorce quickly without any hassles. The same is governed under Sec 13(B)(1) and 13(B)(2) of the Hindu Marriage Act. The said provisions as mentioned herein, can also be referred to being the first and second motion respectively in legal parlance. In ordinary sense, mere thinking of divorce is a cumbersome process. However, if there comes a point where each of the spouse considers amongst themselves that their marriage cannot sustain further and it has to come to an end, the best possible route is first come to a mutual consensus with intervention of the family members and relatives.  Thereafter, in case the parties come to an arrangement, best thing to do is to reduce the same into writing in order to bind the parties to their respective promises. Once that is done, the next step is to file a case in the court of your jurisdiction under Sec 13(B)(1) of the Hindu Marriage Act, also referred as the FIRST ...

SUMMARY SUIT UNDER ORDER 37 CPC

                                     INTRODUCTION  Today we shall discuss a situation where a person can recover his money from the court of law in a fast and speedy manner. In normal recovery suit, a person who has filed a suit has to wait for many years before the case is decided by the court of law. However, in case of a summary suit. the decision of the case comes up in a fast and speedy manner. Summary Suits are governed by the provisions of ORDER 37 CPC . Under this provision, if a suit is filed, in such a situation, the court has the power to grant decree / decision of the case without going into the trial of the case. In other words, merely by looking at the documents of the person who has filed case, if the court is satisfied that a clear-cut case is made out, then the court can come to its decision without going into the trial of the case. In this way, the time of...

Cheque Bounce : Section 138 Negotiable Instrument Act

In the time of digital India, cheques have become a major source of financial dealings. With increase in transactions the frauds related to this have also become a major problem, because the payment is not on the spot like cash. Many of us face difficulty in realizing the payments given to us by way of cheque. Cheque Bounce is a very big and common issue in today's time. Still, most of us are completely unaware of the legal procedure in case of cheque bounce. So, friends today we are going to discuss the procedure to claim the amount in the case of Cheque bounce. 1. The cheque must have been issued in discharge of legally recoverable debt.  2. The cheque is duly filled, and the name is correctly written on the cheque in whose favor the cheque has been issued. 3 The cheque received is duly deposited by holder of the cheque in his/her bank account within the period 3 months from the date of issue.  4. After that if the cheque is bounced, bank will inform the holde...