Monday, 7 November 2016

Grant of Bail

GRANT OF BAIL

The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner.

While granting the bail, the court has to keep in mind
the nature of accusations,
the nature of evidence in support thereof,
the severity of the punishment which conviction will entail,
the character, behavior, means and standing of the accused,
circumstances which are peculiar to the accused,
reasonable possibility of securing the presence of the accused at the trial,
reasonable apprehension of the witnesses being tampered with,
the larger interests of the public or State and
similar other considerations.

It has also to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.

Freedom of Press

Freedom of press is implied from the Article 19(1)(a) of the Constitution of India.

Article 19(1) (a) of The Constitution Of India 1949 states as under:
(1) All citizens shall have the right
(a) to freedom of speech and expression.

The freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution impose certain reasonable restrictions on free speech under following heads:

I. security of the State,
II. friendly relations with foreign States,
III. public order,
IV. decency and morality,
V. contempt of court,
VI. defamation,
VII. incitement to an offence, and
VIII. sovereignty and integrity of India.

Without debate, Without Criticism

Without debate, without criticism, no Administration and no country can succeed — and no republic can survive.~ John F. Kennedy

Sunday, 20 March 2016

REGISTRATION OF MARRIAGE UNDER THE HINDU MARRIAGE ACT


Requirements:

1. Both the partners must be Hindus;
2. Minimum age limit - 21 years be of the groom and 18 years for the bride;
3. Application form signed by husband and wife;
4. Proof of date of birth;
5. Proof of residence;
6. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationalities;
7. Passport-sized photographs of both and one marriage photograph;
8. Marriage invitation card, if available;
9. Certificate from the priest who solemnized the marriage;
10. Certificate of conversion if either party is a convert, from the priest who solemnized the marriage;
11. Affirmation that the parties are not related to each other within the prohibited degree of relationship;
12. Attested copy of the divorce decree, if applicable, and death certificate of spouse if a partner is a widow or a widower.

Procedure:

  The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage.

  Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof (as stated under heading "Requirement" above). For proof of marriage, submit a certificate from the priest who solemnized the marriage.

  Both parties will need to disclose their previous marital status, if any.
The people who have converted to Hinduism will have to provide a certificate of conversion from the priest who solemnised the marriage, along with relevant documents.

All the documents should be attested by a gazetted officer.

Lastly, deposit a fee with the cashier and attach the receipt with the form.

  Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued. 

Monday, 29 February 2016

Rent Agreement


A rent agreement is a legal document which binds the landlord and the tenant to comply with the mutually-agreed conditions. It is the most crucial document in case of a dispute between the two.
Utmost care should be taken in drafting the document. It should state all terms and conditions clearly to avoid any dispute in future.
These are the points one must consider while finalizing the agreement.
1) Name, address, father's name of both the tenant and the landlord should be clearly mentioned.
2) It should be verified that the lessor is the legal owner of the property or a person duly authorised by him or a person authorised by a court to enter into such a contract.
3) The rent should be clearly mentioned (also whether it includes maintenance fee). The quantum of increase in rent and from which date should also be made clear. The mode of payment, whether in cheque or cash, plus the date of payment, is also important. Any interest to be paid in case of delayed payment should also be stated clearly.
4) The period of tenancy should be clearly mentioned. The security amount and the lock-in period are also important. How the amount will be refunded or whether it will be adjusted in the advance rent should also be clearly mentioned.
5) Who will pay water, electricity and maintenance charges is also important.
6) In case the flat is furnished, a list of fittings and fixtures should be made and penalty for damage decided in advance. The landlord should also check plumbing, electrical, sanitary fittings, etc, and mention their condition in the agreement. Details of the condition of walls, ceilings and rooftop should also be mentioned so that there is no dispute over damage to the house, if there is any.
7) The purpose of tenancy should be clearly written- whether it will be used for commercial or residential purpose.
8) The process for premature termination of the lease.
9) The agreement must specify the availability of facilities like common passage, roof, park, swimming pool, car parking, library, club, gymnasium, etc, besides the demarcated property, and charges payable, if any, for these.
This list is not exhaustive. The landlord and the tenant can add as many conditions as they want.

REGISTER THE LEASE
Section 17 of the Registration Act 1908, makes it mandatory to get the rent agreement registered if the lease period is more than 11 months.
Every lease agreement should be registered because only then it can be used as evidence in the court in case of any litigation. For registration, stamp duty and registration fee have to be paid.

POLICE VERIFICATION
This process helps in background check of the tenant. Not doing this is a punishable offence under Section 188 of the Indian Penal Code. This lowers the risk that the house is not being rented out to a personal with criminal background. For this the landlord simply has to fill the verification form and submit it to the local police station along with identification proof of the tenant. The forms are available online on websites of state police departments.
Apart from the above, the landlord should periodically visit the premises to check whether the tenant is violating any condition or if he has sublet the property. If yes, he can demand that he vacate the house. If the tenant refuses to vacate, the landlord can approach the authority which oversees disputes related to rent with all the documents.



Tuesday, 26 January 2016

Children on Streets

Children selling flags and other items openly on streets with no actions taken by any authorities despite the child labour is unlawful in India.

Principles in Administrative Law

Administrative Law Principles  * 1. Wednesbury Principle - The court does not look at the merits, only the rationality of the process.  *2....