Happyshark11

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  • Happyshark11
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      Happyshark11
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      May 5, 2025 at 2:53 pm
      Only consumers can approach consumer court. Godrej or Flipkart are not consumers and hence they will need to file civil suit.

      in reply to: Require legal advice aspects #17719
      Happyshark11
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        Happyshark11
        PARTICIPANT
        April 10, 2025 at 12:08 pm
        If your mother is considering filing for divorce due to cruelty or domestic violence, it is advisable that you guys relocate from your father’s house and lodge a written complaint with the local police station detailing the instances of cruelty and domestic violence. It is important to ensure that an FIR is registered in this regard.

        In case the local police fail to take appropriate action, the next step would be to escalate the matter to the SP or DCP by submitting the complaint in writing. If there is still no response, a complaint can be filed directly before the Magistrate.

        in matrimonial disputes, no party has any direct claim over the property of the other. You / your mother will not be able to remove your father from your house. However, your mother will be entitled to claim reasonable maintenance for her sustenance during and after the divorce proceedings. As an adult male child, you would not be entitled to claim maintenance from your father.

        Happyshark11
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          Happyshark11
          PARTICIPANT
          April 9, 2025 at 2:47 pm
          The liability to deduct and deposit TDS in the case of an NRI landlord rests on you. This obligation cannot be evaded by inserting a contrary clause in the agreement, as a contract to do something illegal is void to that extent.

          Happyshark11
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            Happyshark11
            PARTICIPANT
            April 8, 2025 at 7:35 pm
            I am a lawyer.

            Your facts don’t quite add up. Under Section 107 of the CrPC, a bond cannot simply be given to the police without the involvement of an Executive Magistrate. Did you receive a copy of the NC or the bond itself? Was any show cause notice issued to you, or was there any order passed directing you to execute the bond?

            in reply to: Litigation land sale #18836
            Happyshark11
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              Happyshark11
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              April 8, 2025 at 2:47 pm
              You may proceed with the sale of the property provided that no court has passed a stay order restraining such transfer. However, ensure that the agreement clearly records all material facts, including the ongoing dispute and the creation of forged documents, as well as the loan obtained on the basis of those documents. This will protect you from any future claims of misrepresentation or concealment by the buyer, who has agreed to purchase the property at a reduced rate with full knowledge of the existing issues and intends to contest the dispute independently.

              in reply to: Can my mother get her father’s ancestral property? #19401
              Happyshark11
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                Happyshark11
                PARTICIPANT
                April 8, 2025 at 12:38 am
                The law governing adoption varies based on the religion of the parties involved. Assuming that the adoption is legally valid, any claim to property will ultimately depend on the nature of the property—whether it is ancestral or self-acquired. In the case of self-acquired property, the owner has the absolute right to transfer it as they wish, and such a transfer generally cannot be challenged. However, if the property is ancestral, you may have a rightful claim to it under applicable personal laws.

                in reply to: Worker fell from under construction building and died #19372
                Happyshark11
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                  Happyshark11
                  PARTICIPANT
                  April 7, 2025 at 9:37 pm
                  The workers family will get compensation.

                  Happyshark11
                  Participant
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                    Happyshark11
                    PARTICIPANT
                    April 7, 2025 at 9:35 pm
                    Send legal notice and file a consumer complaint.

                    Happyshark11
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                      Happyshark11
                      PARTICIPANT
                      April 7, 2025 at 9:44 am
                      I don’t think any lawyer would seriously argue that the death penalty is unconstitutional. While there may be valid debates around its morality, deterrent value, and effectiveness, its constitutionality has been settled by the Supreme Court.

                      In Bachan Singh v. State of Punjab, the Supreme Court upheld the constitutional validity of the death penalty. One of the arguments raised in the case was that although Article 21 permits deprivation of life in accordance with ‘procedure established by law’, the imposition of the death penalty also results in the loss of other fundamental freedoms guaranteed under Article 19. It was contended that since death terminates all rights, including those under Article 19, the penalty should be considered unconstitutional. However, the Court rejected this argument and affirmed that the death penalty, if imposed in accordance with ‘procedure established by law’, does not violate the Constitution.

                      But the Court also observed that there was a lack of uniformity in the application of the death penalty by various courts. Judges were often inconsistent—arbitrarily awarding or denying the death sentence. To address this, the Court laid down guidelines and introduced the ‘rarest of rare’ doctrine, which has since become the standard for imposing the death penalty in India.

                      Happyshark11
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                        Happyshark11
                        PARTICIPANT
                        April 7, 2025 at 9:28 am
                        There is no age restriction under the Stamp Act, nor is there any age bar for notarization.

                        Ideally, the stamp paper should have been in your name. However, being in your father’s name should not be a problem. Though it’s best to confirm this with the authority where you intend to submit the document.

                        Happyshark11
                        Participant
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                          Happyshark11
                          PARTICIPANT
                          April 7, 2025 at 9:21 am
                          Everything can be challenged. However, whether the challenge succeeds is an entirely different question.

                          A registered gift deed is generally regarded as a secure mode of property transfer, and there are limited grounds on which it can be successfully contested in court. However, that does not prevent your uncle from filing case challenging the gift deed.

                          As a precaution for future, ensure that your uncle does not trick your grandfather into signing or executing any other documents that could later be used to raise doubts about the validity of the gift deed.

                          Happyshark11
                          Participant
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                            Happyshark11
                            PARTICIPANT
                            April 7, 2025 at 9:02 am
                            The document signed by you can be notarized.

                            You could have also obtained the stamp paper in your name, as there is no age restriction for the issuance of stamp paper. The limitation on minors relates to their capacity to enter into a contract.

                            Happyshark11
                            Participant
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                              Happyshark11
                              PARTICIPANT
                              April 6, 2025 at 5:43 pm
                              Something doesn’t add up here. Section 354 of the IPC is a cognizable offence, which means the police are duty-bound to register an FIR. So how was it treated merely as an NC complaint? Moreover, why did police invoke Section 107 of the CrPC in this context, as Section 107 pertains to preventive action in cases of apprehended breach of peace, not to cognizable offences like Section 354 of IPC.

                              Happyshark11
                              Participant
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                                Happyshark11
                                PARTICIPANT
                                April 6, 2025 at 3:13 pm
                                If you have credible evidence to support these claims, the safest and most effective course of action would be to pass that evidence / information on to responsible individuals or organisations who can take action such as journalists, NGOs, or even political opponents of the accused. You can also consider anonymously leaking the material on social media platforms or news channels.

                                However, I strongly advise against making public accusations yourself unless you’re fully prepared with solid proof and legal backing. Politicians, even those who have lost elections, often retain enough influence to retaliate—legally or otherwise. For your own safety, proceed carefully, and let others take up the matter if possible.

                                Happyshark11
                                Participant
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                                  Happyshark11
                                  PARTICIPANT
                                  April 6, 2025 at 2:50 pm
                                  Consumer cases typically take anywhere between 1 to 2 years to reach a final decision. However, this timeline may be extended if the opposing party, such as the company, chooses to file an appeal against the order.

                                  That being said, it’s important to note that consumer courts are generally inclined to uphold the rights of consumers, provided there is sufficient evidence and due procedure has been followed. While the process may require some patience, most consumers do receive favorable outcomes.

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