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Showing posts with the label A & M Law Firm

Legal actions that can be taken against a broker who is not hired by the owner

It does not matter whether the broker is hired by the owner or not hired by the owner. As the broker has cheated you, so you can file a complaint to the nearest Police station, as per Cheating in India (section 415 of IPC) & S.420 of IPC (Cheating and dishonestly inducing delivery of property). Illustration of cheating with the help of an example, is mentioned below:- Broker rented YOU a Flat. Broker , intentionally deceived YOU into believing that the Flat belonged to X, & X has made him the broker and thereby induced you to pay the brokerage amount to him. BROKER has committed the crime of cheating. The points which amounts to the offence of cheating 1. The accused must deceive another person 2. The person so deceived should be induced to deliver any property to any person, or 3. The person so deceived should be intentionally induced to do or at times, not to do an activity. There are two classes of acts which the person deceived may be induced to do. Firstly he may be induce

Which are the top Law schools in India which have comparatively low fees to private Law colleges

Top Law colleges in India with low fees in comparison to Private Law colleges, are all Government run Law colleges. 1.National Law School of India University, Bangalore 2.Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur 3.National Law University, New Delhi 4.NALSAR University of Law, Hyderabad 5.National Law University, Jodhpur 6.Gujarat National Law University, Gandhinagar 7.WB National University of Juridical Sciences, Kolkata 8.Faculty of Law, University of Delhi, Delhi 9.Rajiv Gandhi National University of Law, Patiala 10.National Law Institute University, Bhopal 11.National University of Advanced Legal Studies, Kochi 12.Faculty of Law – Banaras Hindu University 13.Faculty of Law – Aligarh Muslim University 14.Hidayatullah National Law University, Raipur 15.Dr Ram Manohar Lohiya National Law University, Lucknow 16.Indian Law Society Law College, Pune 17.National Law University, Cuttack 18.Government Law College, Mumbai 19.National Universi

The Procedure to file a complaint against Corrupt Police in India

You can lodge a complaint related to any misconduct by any police officer to PCA (Police Complaint Authority). In 2006, The Supreme Court of India in the case of Prakash Singh & Others gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states. The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital. The Police

Is the Bail amount refundable, When a person is released on bail?

Bail is an agreement to attend court to answer a criminal charge. It can be granted at any stage of criminal proceedings. Often, when bail is granted, a number of conditions are applied to the bail undertaking. These can include surrendering a passport or agreeing to report to police on a regular basis. A well known condition is to deposit a sum of money with the Court and agreeing to forfeit that money if bail is breached. After the Court matter has been finalised, bail will be refunded. There are following types of Bail payment methods related to Bail conditions: Surety Bail Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances. Cash Bail If yo

11 fundamental duties as per Constitution of India

As per Soviet model, the fundamental duties were added to the Indian Constitution by 42nd amendment of the constitution in 1976. The fundamental duties are contained in Art. 51A. List of Fundamental Duties: Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India: To abide by the constitution and respect its ideal and institutions; To cherish and follow the noble ideals which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so; To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women; To value and preserve the rich heritage of our composite culture; To protect and improve the natural environment includi

The important sections of cyber laws in India

The Government of India enacted its Information Technology Act 2000 with the objectives stating officially as: “to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. The Act essentially deals with the following issues:  Legal Recognition of Electronic Documents  Legal Recognition of Digital Signatures  Offenses and Contraventions  Justice Dispensation Systems for cyber crimes. CYBER CRIME- Cyber Crime is not defined officially in IT Act or in any oth

Legal Procedure by which a son can claim the father's property without a will

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.    Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:    Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-    Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.    Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.    Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.    Rule 4.-The distribution of the share

Procedure to reply to a defamation legal notice

I have divided the above title in two parts for reader's convenience. So firstly we will understand purpose of a Legal Notice. A Legal notice is a formal communication to a person or entity informing him that you intend to undertake legal proceedings against an individual. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against an individual, if an individual fails to comply with some specified condition. Procedure to send a Legal notice Engaging a qualified lawyer helps in drafting the legal-notice. Extreme care is taken about the choice of words and language used and measures of caution about not admitting any fact which you may later be denied in a court of law. Once the legal notice is dispatched then you cannot make any changes in that and later on also you cannot make any contradictory statement from what you have already stated in a legal notice. The Notice is sent on a plain paper or on the letterhead of the lawye

Whether IPC 354A bailable or non-bailable offence?

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S. 354 A of IPC is stated under Chapter XVI . Sexual harassment and punishment for sexual harassment "A man committing any of the following acts— physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The reason behind a person who is a murder accused but still gets bail

A murder accused gets bail due to following reasons; S.437. Cr.P.C. When bail may be taken in case of non- bailable offence.- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but (i) such person shall not be so released if there appear reasonable grounds for believing that he hasbeen guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years: Provided that th