Yurist & Partners

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...

The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C. Therefore, I deem that it is very useful if it is discussed with relevant case law as to the powers of Magistrate under section of 156 (3) of Cr.P.C. Section 156(3) is ver...

Marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. In Hindu Law, Marriage is treated as a Samaskara or a Sacrament. Divorce, however is a thorny question and Annulment is a very unusual remedy. In our modern world, an Annulment tends to be more a creature of religion than of law. Annulments are rarely granted and when they are, very specific circumstances must exist. What Is Annulment of Marriage In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. I...

Q1. What is Marriage Registration before a Marriage Registrar? A.    You have already performed your ceremonial Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara,   Muslim Marriage, Christian Marriage,   however, by way of proof of your marriage, you only have marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate, but you are in need for Marriage Certificate issued by some Government Statutory Bodies, Your Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara,   Muslim Marriage, Christian Marriage   is perfectly legal and valid all over India, however, by way of proofs of your marriage, many institutions even in India do not accept your marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate; further, foreign embassies in India and foreign countries outside...

Q1. What is Court Marriage? The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate, which is generally termed as Court Marriage. Q2. Who may perform Court Marriage? Any person irrespective of religion may perform Court Marriage.  Even Hindus, Buddhists, Jains, Sikhs can also perform Court Marriage. Muslims, Christians, Parsis or Jews can also perform Court Marriage. Inter-Caste Marriages and Inter-Religious Marriages can also be performed as Court Marriage. Q3. What are the Requirements for Court Marriage? Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law - The parties have to file Notice of Intended Marriage in the specified form to the  Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such not...