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Most of us are aware of the fact that drunken driving is prohibited in India and leads to heavy penalty. However, it is also important to understand the law and the procedure in order to deal with the situation when caught for drunken driving. Documents Required :  Driving License,  RC Book,  Insurance, Emission Certificate Caught for Drunken Driving As per the law, w hen the alcohol content of a person driving/riding a motor vehicle is b/w  30 mg every 100 ml in the blood can be detected using the breath analyzer , the person will be booked under Section 185 of the Motor Vehicles Act, which is a traffic offence  is as stated below and the drunk driving challan amount in Delhi is as per mentioned below:- Punishment for Drunken Driving For the first time offenders, the offender can get an imprisonment for maximum of six months while they can also be fined for Rs 2000 and sometimes have to take both the punishments. ...

Process Bailable offences are of less serious nature and are mostly non-cognizable offences. An accused /Arrested person can seek bail as a matter of right in case of bailable offences. In case of bailable offences, often the proceedings are set in motion by way of a Private Complaint Report (PCR) before the magistrate in the Magistrate Court. However, it is not mandatary to file a PCR. A complaint can also be filed before the jurisdictional Police. However, the Police do not have powers to arrest or investigate into the complaint. The Police will have to refer such complaints to the Magistrate who, if they deem fit, shall order the Police to file an FIR and investigate into the Complaint. When a PCR is filed When a Private Complaint report is presented before the magistrate by the complainant, the magistrate shall enquire and reach a conclusion as to whether there is prima facie likelihood of an offence. When the magistrate believes that there is a prima facie case, ...

Average Time Six to Eighteen months. Documents Required Marriage Invitation Card Certificate of Marriage (if registered) One or Two Wedding Photographs Address Proof of the Wife, if jurisdiction is the place the wife is currently living in Address Proof of the Husband, if jurisdiction is the place the couple resided together before separation Process Section 13B of the Hindu Marriage Act, 1955; Section 28 of the Special Marriage Act, 1954 and Section 10A of the Indian Divorce Act, 1869 deals with divorce by way of Mutual Consent of the Parties. Hindu Marriage Act is applicable to parties who are both Hindus and who have solemnized their marriage as per the Hindu rituals and have registered their Marriage under the Hindu Marriage Act, 1955 Special Marriage Act is applicable to parties who are inter-religious and who have registered their marriage under the Special Marriage Act. Indian Divorce Act is applicable to parties who are both Christians and...

Average Time : Few hours to one day. Documents Required: Any document which can act as a proof to the offence committed Process A complaint means a grievance expressed by a person to state certain things/facts in relation to a crime done against him or a crime he/she has knowledge of. Who can file a complaint? Any person who is either a victim of a crime or who has knowledge of such crime already done or being planned, may approach the jurisdictional police to register the complaint. However, there is no bar against anyone to file a police complaint because crime is committed against the entire conscience of the society. Where is the complaint filed? A complaint can be filed before any police station as per the Hon’ble Supreme Court of India. However, as the complaint will be eventually transferred to the jurisdictional police to conduct investigation for the sake of convenience, it is ideal that the Complaint is filed at the police station which has ju...

Time to obtained for Anticipatory Bail  1 day -1 or 2 months or more approximately. Anticipatory bail can also be filed in the absence of any of the below documents. Certified copy of the complaint filed with the police Certified copy of the FIR Certified copy of the Private Complaint Report Certified copy of the Chargesheet  Procedure :   Anticipatory bail is dealt with under Section 438 of the Code of Criminal Procedure, 1973. Anticipatory bail can only be applied for non-bailable offences. The list of all the offences under the Indian Penal Code, classified as bailable and non-bailable is available here http://ecourts.gov.in/sites/default/files/classification.pdf Who can file for an anticipatory bail? Any person who suspects that he/she may be arrested by the Police for a non bailable offence can file a Petition seeking anticipatory bail. When can you apply for an anticipatory bail? A person may apply for an anticipatory bail when h...

Five Important Elements/Fundamental to be noted in 138 N.I Act : 1. Drawing the cheque. 2. Presentation of the cheque to the Bank. 3. Returning the cheque unpaid by the drawee Bank. 4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount. 5. Failure of the drawer to make payment within 15 days of the receipt of notice. The Following are the important stages in a Cheque Bounce case: A Cheque bounce case normally takes an average of one year to complete the proceedings before trial court. After receiving bank slip of bouncing of cheque, statutory notice to be sent to accused within 30 days of cheque bounce. STAGE ONE:  1) Filing of complaint: Filing of complaints u/s 138 with M.M./A.M.M. M.M. verifies the complaints and marked the same to the concerned M.M. / A.M.M.[Fast Tract courts-N.I Act -e.g. Erramanzil Court or Hastinapuram Court, R.R Dist for further proceedings. Accrual of cause of action : Accu...

What is "Doctrine of Privity"?: To begin with it is very necessary to understand what this doctrine actually speaks about. In layman's language the "Doctrine of Privity" can be worded so as to mean that a contract cannot confer rights or impose those obligations arising under it, on any person except the parties to it.2 However, whenever there are third party beneficiaries in a contract, it may become necessary to determine as to, who, in the eyes of the law should be liable or should be protected in event of inexorable breaches that may occur from time to time. From here arises the whole debate about the significance, practical hassles and debates created by this doctrine. Judicial Interpretation of the Doctrine: a departure from "Tweedle v Atkinson" rule: It is generally agreed that theTweddle vAtkinson has laid down "the true common law doctrine" of the modern third party rule3. In Tweddle v. Atkinson, the Court acknowledged the exi...