Monday 27 May 2024
Steps to be taken in case unauthorized credit ( for example )of Rs.3600 in my SBI bank saving account through Google pay from unknown person
Saturday 20 April 2024
Maintenance charges
Maharashtra doesn't have a legal framework for mandatory federation registration. Maintenance charges depends on the agreement between the societies. Here are two approaches based on a voluntary agreement:
1. Proportionate to Carpet Area:
- This is a fair and widely accepted approach.
- The federation calculates the total carpet area of all buildings across the five societies.
- Each society contributes a share of the total maintenance cost proportional to the carpet area of its buildings.
- For example, if Society A has buildings with a total carpet area of 20% of the total, it would contribute 20% of the maintenance charges.
2. Flat Fee per Building:
- This is a simpler method but might be less fair, especially if societies have a significant difference in building sizes.
- Each society pays a flat fee, regardless of the number of buildings or total carpet area.
- This might disadvantage societies with fewer buildings or smaller footprints.
- Agreement Details: The specific basis for sharing maintenance charges should be clearly defined in a written agreement signed by all participating societies. This agreement should also outline:
- Frequency of contribution
- Dispute resolution mechanism
- Process for reviewing and adjusting the contribution amount
Benefits of a Clear Agreement:
- A clear agreement promotes transparency and avoids confusion or disputes regarding maintenance charges.
- It ensures fairness by considering the size and amenities utilized by each society.
Alternative to Federation:
- If forming a federation proves challenging, the societies could consider an informal collaboration.
- Each society could still contribute to a common maintenance fund based on a mutually agreed-upon method.
Tuesday 7 November 2023
Senior Citizens: Supreme Court clarifies position on reclaiming conditional gift
Wednesday 30 August 2023
Filling a casual vacancy of a committee member
Monday 28 August 2023
The Competition (Amendment) Bill, 2022
The Competition (Amendment) Bill, 2022 is a proposed bill that seeks to amend the Competition Act, 2002. The bill was introduced in the Lok Sabha on August 5, 2022, and is currently under consideration.
The bill proposes a number of changes to the Competition Act, including:
- Broadening the scope of anti-competitive agreements: The bill proposes to broaden the scope of anti-competitive agreements by including agreements that are "likely" to have an appreciable adverse effect on competition, rather than just agreements that "do" have such an effect. This would make it easier for the Competition Commission of India (CCI) to take action against anti-competitive agreements.
- Regulating mergers and acquisitions based on value of transactions: The bill proposes to regulate mergers and acquisitions based on the value of transactions, rather than just the number of employees or assets involved. This would make it easier for the CCI to assess the impact of mergers and acquisitions on competition.
- Increasing the penalties for competition law violations: The bill proposes to increase the penalties for competition law violations, both for individuals and for companies. This would deter companies from engaging in anti-competitive behavior.
- Introducing a settlement mechanism: The bill proposes to introduce a settlement mechanism, which would allow companies to settle cases with the CCI without going through a full investigation and trial. This would help to reduce the time and cost of resolving competition law cases.
- Strengthening the powers of the CCI: The bill proposes to strengthen the powers of the CCI, including by giving it the power to search and seize documents, and by making it easier for the CCI to obtain information from companies. This would help the CCI to effectively enforce the Competition Act.
The Competition (Amendment) Bill, 2022 is a significant piece of legislation that could have a major impact on competition in India. The bill is currently under consideration, and it is not yet clear when it will be passed into law. However, the bill is a positive step towards strengthening the competition law framework in India.
Here are some of the key benefits of the Competition (Amendment) Bill, 2022:
- It will help to promote competition in the Indian economy, which will lead to lower prices and better quality goods and services for consumers.
- It will help to protect small businesses from unfair competition from larger companies.
- It will help to create a more level playing field for businesses, which will encourage investment and innovation.
- It will help to strengthen the rule of law in India.
The Competition (Amendment) Bill, 2022 is a welcome step towards making India a more competitive and prosperous country. It is important to ensure that the bill is implemented effectively so that it can achieve its full potential.
zero FIR
A zero FIR is an FIR that can be filed in any police station, irrespective of the jurisdiction of the offence, when it receives a complaint regarding a cognizable offence.
The term "zero" refers to the fact that the FIR is not given a serial number, as is the case with regular FIRs. Instead, it is given the number "0" and then transferred to the police station with the appropriate jurisdiction for further investigation.
Zero FIRs were introduced in India after the recommendations of the Justice Verma Committee, which was set up in the aftermath of the 2012 Nirbhaya gang rape case. The committee found that victims of sexual assault and other serious crimes were often reluctant to file FIRs because they had to go to the police station where the offence had taken place. This could be inconvenient and intimidating, especially for women and children.
Zero FIRs were designed to make it easier for victims to file complaints and to ensure that they received timely justice. They have been welcomed by many people, but there have also been some concerns about their misuse.
For example, some people have argued that zero FIRs could be used to file false complaints or to harass people. However, the police have said that they have strict procedures in place to prevent the misuse of zero FIRs.
Overall, zero FIRs are a positive step towards making it easier for victims of crime to get justice. However, it is important to be aware of the potential for misuse and to take steps to prevent it.
Here are some of the benefits of zero FIRs:
- They make it easier for victims of crime to file complaints, regardless of where the offence took place.
- They can help to ensure that victims receive timely justice.
- They can help to reduce the stigma associated with reporting crime.
Here are some of the concerns about zero FIRs:
- They could be used to file false complaints or to harass people.
- They could be used to circumvent the jurisdictional rules of the police.
- They could lead to delays in investigation and prosecution.
Overall, zero FIRs are a valuable tool that can help to improve the justice system. However, it is important to be aware of the potential for misuse and to take steps to prevent it.
Sunday 27 August 2023
NMC puts on hold rules for doctors to prescribe only generic medicines and not branded medicines.
Saturday 26 August 2023
Supreme Court of India judgments on Section 138 of the Negotiable Instruments Act, 1881 (NI Act)
The Supreme Court of India has passed several landmark judgments on Section 138 of the Negotiable Instruments Act, 1881 (NI Act), which deals with the offence of cheque bounce. Some of the most important judgments are:
Premchand vs. State of Maharashtra (2003): This judgment held that upon a notice under Section 138 of the NI Act being issued, a subsequent presentation of a cheque and its dishonour would not create another 'cause of action' which could set the Section 138 machinery in motion.
Ashok Kumar Gupta vs. State of Rajasthan (2005): This judgment held that the drawer of a cheque cannot be held liable under Section 138 of the NI Act if the cheque is dishonoured due to an act of the payee, such as giving a wrong payee's name or refusing to return the cheque.
M.P.P. Ltd. vs. Medchil Chemicals and Pharma (P) Ltd. (2001): This judgment held that the offence under Section 138 of the NI Act is a compoundable offence, meaning that the parties can mutually agree to settle the matter without going to court.
State of Maharashtra vs. Suresh Chand Jain (2012): This judgment held that the drawer of a cheque cannot be held liable under Section 138 of the NI Act if the cheque is dishonoured due to a technical defect, such as a spelling mistake in the payee's name.
Dashrathbhai Trikambhai Patel vs. State of Gujarat (2022): This judgment held that a cheque is only considered to be dishonoured if it on the day of its maturity or presentation, "represents a legally enforceable debt."
The latest Supreme Court of India judgments on Section 138 of the Negotiable Instruments Act, 1881 (NI Act) are:
In re: Expeditious Trial of Cases Under Section 138 of NI Act 1881 (2022): This judgment directed all High Courts to ensure that cases under Section 138 of the NI Act are disposed of expeditiously, preferably within six months.
Dilbagh Singh vs. State of Punjab (2022): This judgment held that the drawer of a cheque cannot be held liable under Section 138 of the NI Act if the cheque is dishonoured due to a technical defect, such as a spelling mistake in the payee's name. However, the Court also held that the drawer can be held liable if the payee has waived the defect.
Ravikant Singh vs. State of Rajasthan (2022): This judgment held that the drawer of a cheque cannot be held liable under Section 138 of the NI Act if the cheque is dishonoured due to a forgery committed by the payee.
These are just some of the latest judgments that have been passed by the Supreme Court on Section 138 of the NI Act. These judgments continue to clarify the law and ensure that it is applied fairly and consistently.
In addition to these judgments, the Supreme Court has also issued several other important rulings on cheque bounce cases in recent years. For example, in the case of Gajanand Burange vs. State of Maharashtra (2022), the Court held that a company can be held liable under Section 138 of the NI Act even if the cheque was issued by an individual director on behalf of the company.
The Supreme Court's judgments on cheque bounce cases are constantly evolving, as the Court seeks to balance the interests of creditors and debtors. These judgments are an important source of guidance for lawyers and judges who deal with these cases.
In addition to these landmark judgments, the Supreme Court has also issued several other important rulings on cheque bounce cases. For example, in the case of Ravikant Singh vs. State of Rajasthan (2019), the Court held that the drawer of a cheque cannot be held liable under Section 138 of the NI Act if the cheque is dishonoured due to a forgery committed by the payee.
The Supreme Court's judgments on cheque bounce cases have had a significant impact on the law and practice in this area. They have helped to protect the interests of honest creditors and ensure that unscrupulous debtors are held accountable for their actions.
Sources
www.pathlegal.in/-Top-5-Judgments-on-Negotiable-Instrument-Act-blog-1294920
www.soolegal.com/roar/15-landmark-judgment-on-section-138-negotiable-instrument-3
The Lok Sabha Bill's Guest Cap Proposal
The Lok Sabha Bill's Guest Cap Proposal is a private member's bill introduced by Congress MP Jasbir Singh Gill in January 2020. The bill seeks to prevent "wasteful expenditure" on social occasions such as weddings and festivals. It proposes to limit the number of wedding guests to 100 from both bride and groom's families, the number of dishes served to 10, and the value of gifts to the newlyweds to Rs. 2,500.
The bill also encourages people to make donations to NGOs or the weaker sections of society instead of spending money on extravagant weddings. Gill has said that the bill is aimed at reducing female feticide, as a girl child would not be seen as a burden if the cost of weddings is brought down.
The bill has been met with mixed reactions. Some people have welcomed it as a way to curb the increasing costs of weddings, while others have criticized it as being too intrusive and impractical. It is still to be seen whether the bill will be passed by Parliament.
Here are some of the pros and cons of the Lok Sabha Bill's Guest Cap Proposal:
Pros:
It could help to reduce the cost of weddings, which can be a major financial burden for families.
It could discourage the practice of female feticide, as parents would be less likely to abort a female child if they did not have to worry about the cost of her wedding.
It could promote social harmony, as people from different social groups would be able to attend weddings regardless of their financial status.
Cons:
It could be seen as an infringement on individual freedom, as people should be free to spend their money as they see fit.
It could be difficult to enforce, as there is no way to prevent people from inviting more guests than the limit.
It could lead to social exclusion, as people from lower-income groups may not be able to afford to host weddings that meet the requirements of the bill.
Overall, the Lok Sabha Bill's Guest Cap Proposal is a controversial one. It has the potential to both positive and negative impacts on society.
Monday 21 August 2023
Amendment to The Drugs and Cosmetics Act 1940.
The Drugs and Cosmetics Act 1940 is a legislation that regulates the manufacture, sale, import, and export of drugs and cosmetics in India. Section 27 D of the Act was amended in 2022 to decriminalize the manufacture and sale of drugs that do not meet the standards.
This means that people will no longer be prosecuted for manufacturing or selling drugs that are substandard, ineffective, or harmful.
This amendment exempts pharmaceutical companies from facing criminal cases for manufacturing low-quality medicines. The amendment replaces imprisonment of up to two years with a mere fine for the owners and managers of pharmaceutical companies.
This amendment has faced strong opposition from doctors, healthcare workers, and other professionals due to the potential risks to patients' health and lives, considering the production of substandard medicines.
The government clarified that Sections 27(a), (b), and (c) of the Drugs and Cosmetics Act, 1940 have not been amended. Cases involving counterfeit and spurious drugs will still face legal action, including imprisonment and fines.
The debate revolves around what defines substandard quality or "Not of Standard Quality" (NSQ) medicines. The government and the pharmaceutical lobby argue that NSQ medicines only have slightly lower quality than legally mandated minimum standards and don't pose significant health risks.
However, there are concerns that NSQ medicines can still harm patients' health and well-being, and this amendment lets pharmaceutical companies off the hook.
Instances of substandard and adulterated medicines have been reported in India recently, highlighting the need for stringent quality control and regulations.
The government's move to ease penalties for pharmaceutical companies has been criticized for prioritizing financial interests over public health.
There have been cases where substandard drugs have caused harm or even death, highlighting the dire need for quality control and accountability.
The government's approach is seen as prioritizing profit over public health, and there's a call for strict monitoring and regulations on the pharmaceutical industry.
The focus should be on assessing the impact of substandard medicines on public health and considering alternate solutions rather than giving pharmaceutical companies immunity from legal actions.
Critics argue that the government's policies and amendments favor corporate interests over the well-being of the citizens, highlighting a broader pattern of anti-people policies.