Blogs
REFUSAL OF PASSPORT TO AN INDIAN ON THE GROUND THAT THE APPLICANT TRIED TO SEEK ASYLUM IN A FOREIGN COUNTRY IS ILLEGAL AND CONTRARY TO THE PROVISIONS OF PASSPORT ACT
India was one of those 48 countries which voted in favour of the United Nations Declaration for Human Rights (UDHR), which was adopted by the General Assembly as Resolution No. 217 on 10 December, 1948 and Article 14 of UDHR which provides that :-Everyone has the right to seek and to enjoy in other countries asylum from persecution.Section 6 of the Passport Act, 1967 contains the circumstances under which a citizen can be denied the passport and there is no section in the Passport Act prohibitin
CONFLICTING RIGHT OF DAUGHTER-IN-LAW TO RESIDE IN A SHARED HOUSEHOLD VIS-À-VIS RIGHT OF SENIOR CITIZENS TO SEEK EJECTMENT
Maintenance and Welfare of Parents and Senior Citizens Act, 2007: In the year 2007, Maintenance and Welfare of Parents and Senior Citizens Act was passed by the Indian Legislature with an aim to protect and provide for the Senior Citizens. This Act is applicable to all those have crossed the age of 60 years. It is a Welfare legislation which was enacted for the benefit of Senior Citizens and hence, as per the Rules of Interpretation, it must be liberally construed in the favour of Senior Citizen
On the basis of compromise, even at Appellate stage, conviction can be set aside
A lean compromise is better than a fat lawsuit – George HerbertConsidering the latest pattern in the judgments of honorable Supreme Court and the High Courts, compromise in criminal cases has become a usual source of action. Amicable settlement is not only taking place in domestic disputes but also in serious offenses like attempt to murder, cases related to Schedule cast/Schedule tribe Act, woman harassment cases etc.In some of the cases, the Supreme Court has permitted compounding of offenses
Probation – A powerful remedy to impede Imprisonment
The word ‘Probation’ is derived from the Latin word “Porbo” which means “I prove my merit”. As a result, Probation involves the process of proving one’s worth and developing a character that enables one to be released.Legally, Probation means discharging a person subject to commitment by the suspension of sentence, during the regularity of conduct, and on default thereof – arresting and committing him until imprisonment is served or judgment is satisfied. It is a substitute for imprisonment, a
Necessary Conditions to be included by the parents in the Gift / Transfer under Senior Citizens Act
In a recent judgment, the Supreme Court of India categorically held that any gift or transfer of property by parents to their children is generally made out of natural love and affection and there is no binding on the part of the children to maintain their parents in return. The court further stated that in order to seek such commitments from their children, there must be an express covenant in gift / release deed that the gift is subjected to some conditions and the children have to take due ca
MONEY SENT BY NRI WIFE TO HER FATHER-IN-LAW AFTER 3 YEARS FROM THE DATE OF MARRIAGE IS NOT DOWRY
FALSE IMPLICATION: It has been seen a lot of times that these days that if there is a dispute between husband and wife due to temperamental differences while residing abroad, even then a false criminal case is registered against the parents of husband or other relatives, who are living in India so as to build pressure on the husband’s family to enter into compromise and to extort money. Rising cases of false implication by the NRI Wives residing abroad or Wives residing in India of N
Pendency of a Criminal Case not a Handicap to Travel Abroad
pendency of criminal case is not a hindrance to travel abroad as it is a fundamental right but permission needs to be taken from court.
Watch my latest video regarding Passport related problems faced by Indians residing abroad NRIs
By Adv. Navkiran Singh, Adv. Harpreet Kaur https://www.youtube.com/watch?v=qmthQ_2dLUk
FIR REGISTERED AGAINST BIKRAM SINGH MAJITHIA IN THE DRUGS PIL
Drugs PIL i.e. C.W.P. No. 20359 of 2013 was initially initiated on 16.9.2013 on a letter addressed by Mr. Shashi Kant Ex. DGP Jails Punjab, but later on the said PIL has been continued with the efforts of the Mr. Navkiran Singh Advocate, Counsel for intervening Human Rights Organization namely “Lawyers For Human Rights International (hereinafter referred to LFHRI)”, through intervention application dated 10.12.2013 with whose assistance scores of orders were passed from time to time by the Hon’b
PRESENCE OF ACCUSED CAN BE EXEMPTED DURING CRIMINAL TRIAL IF ADEQUATE REASONS ARE GIVEN BY ACCUSED
The majority of individuals who are facing trial might not be aware of the fact that the attendance of an accused during trial can be exempted. This blog is being written to educate our readers of their rights and of the relevant provisions pertaining to the exemption of the accused during trial.Section 205 Cr.P.C:That Section 205 of the Code of Criminal Procedure, 1973 contemplates that whenever a magistrate issue summons, he may, if he observers reasons to do so, dispense with the personal att