Adv. Prasad Shigvan

  Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force The Supreme Court of India in a recent judgment has again backed the fact that the daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Hindu Succession Act, 1956. The judgment recognizes that in a coparcenary property, the daughters have an equal right. The Supreme Court also stated that since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005. The judgment was pronounced by Justice Arun Mishra in a Bench comprising of Justice S. Abdul Nazeer and Justice M.R. Shah as well. In the operative part of the judgment, the Supreme Court observes that the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with same rights an...

The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both Buy now Cheques are used in almost all transactions such as re-payment of loan, payment of salary, bills, fees, etc. A vast majority of cheques are processed and cleared by banks on daily basis. Cheques are issued for the reason of securing proof of payment. Nevertheless, cheques remain a reliable method of payment for many people. On the other hand, it is always advisable to issue crossed “Account Payee Only” cheques in order to avoid its misuse. A cheque is a negotiable instrument. Crossed and account payee cheques are not negotiable by any person other than the payee. The cheques have to be deposited into the payee's bank account. Legally, the author of the cheque is called ‘drawer’, the person in whose favour, the cheque is drawn is called ‘payee’, and the bank who is directed to pay the amount is known as ‘drawee’. However, cases of cheque bounc...

The main features of The Consumer Protection Act, 2019 are as follows:-* 1. District forum is renamed as District Commission 2. The Opposite Party needs to deposit 50% of the amount ordered by District Commission before filing appeal before State Commission, earlier the ceiling was of maximum of Rs. 25,000/-, which has been removed.  3. The limitation period for filing of appeal to State Commission is increased from 30 days to 45 days, while retaining power to condone the delay.  4. State Commission shall have a minimum of 1 President and 4 Members 5. The original pecuniary jurisdiction of District Commission shall be uptil Rs. 1 Crore, State Commission from 1 Cr – 10 Cr. And NCDRC to be more than Rs. 10 crore 6. Now complainant can also institute the complaint within the territorial jurisdiction of the Commission where the complainant resides or personally works for gain besides what was provided earlier 7. Section 49(2) and 59(2) of the new act gives power to the State Commi...

Section 65B provides for 'Admissibility of  Electronic Records '. Section 65 B (2) of the Indian  Evidence Act , 1872 lists the technological conditions upon which a duplicate copy (including a print-out) of an original  electronic record  may be used. Although the main method of providing  electronic evidence  is printing on paper the information and delivering the  electronic  data in a medium such as a CD, for said  evidence  to have real security we should have the support of a computer expert. Many businesses conduct essential meetings and business deals on platforms such as e-mail, and even on instant messaging apps such as WhatsApp and other similar applications. Schedules and minutes of meetings, essential documents, and receipts are all communicated via or on office WhatsApp groups. However, it is essential to be informed on how electronic records of conversations and documents shared on such platforms should be preserved and ...

What types of evidence are admissible in courts?     Evidencse Law   The law of evidence governs the use of testimony (e.g. oral or written statements, such as an affidavit) and exhibits (e.g. physical objects) or other documentary material which is admissible (i.e. allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law Finally), there are strict rules governing the admission of statements from witnesses not present at the trial. This is called hearsay.   Types of Evidence   Demonstrative Evidence :   This is a common form of proof, generally having the form of the representation of an object.   Examples include: photographs, videos, sound recordings, x-rays, maps, drawings, graphs, charts, simulations, sculptures, and models, among others.   Digital Evidence :   In recent years, the use of digital evidence in trials has greatly increased.   Simp...

How To File a FIR Online in India? Consumer Complaints     Have you lost your wallet and along with it all important documents like your PAN card and other bank debit and credit cards. Well, you don’t need to worry as you can always report lost and found cases to police via online. Here’s how to report such cases online as most people, who want to register a complaint, dread entering a police station since lodging a complaint seems like an arduous task or there is a constant fear that the authorities might not be cooperative. There are some states/union territories that allow submission for both FIR and complaints, and in this article, we will talk about the process of how to file an online police report. 1) Maharashtra      Visit this link to file a complaint  https://mumbaipolice.maharashtra.gov.in/complaint.asp Enter the details accordingly to proceed in the complaint.   2) Himachal Pradesh Visit the following...