Blogs
NOT SERVING NOTICE IN OFFENCE OF SENTENCE UPTO 7 YEARS ATTRACTS CONTEMPT PROCEEDINGS AGAINST POLICE
Section 41A CrPC provides that:- “41A. Notice of appearance before police officer.-(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in
REGISTRATION OF OVERSEAS CITIZEN OF INDIA CARDHOLDER
Overseas Citizenship of India (OCI) is a type of permanent residency / Visa available to individuals who are foreigner nationals of Indian origin. The Registration of Overseas citizen of India cardholder is covered under section 7-A of the Citizenship Act, 1955. The following individuals are entitled to apply for the registrations of Overseas Citizen of India cardholder: A foreign national:- (i) Who was a citizen of India at the time of, or at any time after 26th January, 1950; or
CUSTODY OF NRI CHILDREN
Whenever there is a dispute between the parents, it is the child who suffers the most, mentally and physically. The married couple gets parted, but the question of the custody of the child remains to be determined. As per section 6(a) of the Hindu minority and Guardianship act, 1956 states that:- 6. Natural guardians of Hindu minor.- The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in jo
MAINTENANCE CAN BE CLAIMED FROM NRIs ALSO
Maintenance is the money given to a spouse by other spouse when husband and wife are living separately either by judicial separation or after divorce decree, so that the dependent spouse can have a living and can carry his / her life. However, wife can also claim maintenance from the husband even when both husband and wife are living together.The provisions of maintenance are framed for the issue of maintenance are: – • The Hindu Marriage Act,1955- Section 24 provides for the interim maintenance
VALIDITY OF A DIVORCE DECREE BY FOREIGN COURTS
Divorce, also known as the dissolution of marriage. is the procedure of terminating the marriage including all the legal duties and responsibilities arising out of a marriage. It is a legal procedure and can be obtained through the way of a decree from a competent court. Indian courts while granting divorce to a couple consider the jurisdiction where the marriage was solemnized or place where the married couple last stayed together or the place where either of the party is residing at the time o
LIVE-IN RELATIONSHIP ARE NEITHER AGAINST LAW NOR AGAINST THE MORALS OF THE SOCIETY
Being ever changing Indian Society, the influence from western culture have changed many Indian customs and practices. Out of many one is live-in relationships. Not get tied within the binds of marriage, live-in relationship is one of the alternatives to get the feeling of affinity and to be smitten with. In feudal society sexual relationship between man and women outside marriage was totally taboo and regarded with disgust and horror, as depicted in Leo Tolstoy’s novel ‘Anna Karenina’, Gustave
IN INDIA WOMEN ARE ENTITLED TO FREE LEGAL AID/LEGAL SERVICES IRRESPECTIVE OF THEIR FINANCIAL STATUS
With the Forty-second Amendment of constitution of India, Article 39A came into force, which delivers free legal aid to the poor and weaker sections of the society and ensures justice is delivered to all. Since it is obligatory for the State to ensure equality before law and make a legal system which promotes justice based on equal opportunity to all, as per Article 14 and 22(1) of the Constitution of India. The parliament enacted the Legal Services Authorities Act in the year 1987 which came in
Punjab State Commission for Non-resident Indians Act, 2011
In this blog, we will be covering the NRI Commission and its powers and some other relevant provisions of the Act, which will benefit our readers in understanding why the NRI Commission was constituted and whether its directions are mandatory or advisory in nature. Navkiran Singh and Associates have come across several of NRI clients who were unknown to the concept of the NRI Commission and what its powers entailed. Therefore, we are writing the following blog to educated and inform our readers
ORDER OF THE STATE CONSUMER COMMISSION IS INCAPABLE OF BEING QUESTIONED IN HIGH COURT under Art. 226
In the case Gurjeet Singh Johar and Anr Versus Union of India and Ors, Advocate Navkiran Singh appeared for Respondents No.4 to 55 and 58 to 68, in which the Punjab and Haryana High Court imposed cost for filing writ against the order of the State Consumer Commission instead of Approaching NCDRC. Mr. Navkiran Singh was representing the Victims in the matter. The petitioners in this case had mislead the Hon’ble court into believing that orders passed by the National Commission under section 27 of
PASSPORT CANNOT BE REFUSED SOLELY ON THE GROUND THAT AN FIR HAS BEEN REGISTERED
The question for consideration in this article would be whether the passport authorities can impound/revoke the passport of someone on the sole ground that an FIR has been registered against him. Further, whether it can be said that the registration of FIR can be considered as taking cognizance by a court. Whether the passport authorities can refuse or impound an accused’s passport merely on the ground that an FIR has been registered against the accused is no longer res integra. The Hon’ble High










