Yurist & Partners

HINDU SUCCESSION ACT, 1956 applies to— (a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; (b) to any person who is a Buddhist, Jaina or Sikh by religion; and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:— (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or fa...

This is a real financial help scheme were for VICTIMS of any CRIME. This scheme provides for funds for the purpose of compensation to the victims or their dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. Compensation can be asked by the Victim himself/ herself or in case the victim is not in a position to ask for compensation then his wife, husband, father, mother, grandparents, unmarried daughter and minor children can ask for the compensation. ELIGIBILITY FOR COMPENSATION — The victim or his/her dependent(s), as the case may be, shall be eligible for the grant of compensation after satisfying the criteria that he/she should not have been compensated for the loss or injury under any other scheme of the Central Government or the Government PROCEDURE FOR MAKING APPLICATION BEFORE THE STATE OR DISTRICT LEGAL SERVICES AUTHORITY — An application for the award of interim/ final compensation can be filed by the Victims...

Under the Hindu Marriage Act, 1955, Section 13 deals with the provision relating to Divorce on the grounds of :- Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two ye...

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...