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May 5, 2025 at 2:53 pm in reply to: Godrej and Flipkart are threatening Legal Action Over a defective sofa I Bought from Flipkart, after 15 months #26473HHappyshark11
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May 5, 2025 at 2:53 pmOnly consumers can approach consumer court. Godrej or Flipkart are not consumers and hence they will need to file civil suit.HHappyshark11
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April 10, 2025 at 12:08 pmIf 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.
April 9, 2025 at 2:47 pm in reply to: [Tenant Issue] NRI landlord refuses TDS deduction on rent — wants full payment. Can I shift legal liability to him via rental agreement clause? #18461HHappyshark11
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April 9, 2025 at 2:47 pmThe 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.April 8, 2025 at 7:35 pm in reply to: Lawyer please guide me with this incident, it give me chills in body it’s churns my stomach and leaves me breathless #20124HHappyshark11
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April 8, 2025 at 7:35 pmI 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?
HHappyshark11
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April 8, 2025 at 2:47 pmYou 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.HHappyshark11
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April 8, 2025 at 12:38 amThe 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.HHappyshark11
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April 7, 2025 at 9:37 pmThe workers family will get compensation.April 7, 2025 at 9:35 pm in reply to: National Consumer Helpline: Filed a grievance, no traction. Now what? #19341HHappyshark11
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April 7, 2025 at 9:35 pmSend legal notice and file a consumer complaint.April 7, 2025 at 9:44 am in reply to: Lawyers that Believe death penalty to be unconstitutional. Why is that ? #19815HHappyshark11
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April 7, 2025 at 9:44 amI 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.
April 7, 2025 at 9:28 am in reply to: Urgent Help Required Regarding Notarisation of Affidavit (Pls DM) #19693HHappyshark11
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April 7, 2025 at 9:28 amThere 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.
April 7, 2025 at 9:21 am in reply to: Legal Advice Needed: Grandfather Gifted Me His House, Now Facing Family Pressure #19794HHappyshark11
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April 7, 2025 at 9:21 amEverything 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.
April 7, 2025 at 9:02 am in reply to: Urgent Help Required Regarding Notarisation of Affidavit (Pls DM) #19690HHappyshark11
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April 7, 2025 at 9:02 amThe 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.
April 6, 2025 at 5:43 pm in reply to: Lawyer please guide me with this incident, it give me chills in body it’s churns my stomach and leaves me breathless #20119HHappyshark11
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April 6, 2025 at 5:43 pmSomething 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.April 6, 2025 at 3:13 pm in reply to: How to tip off some originations about evil things done by a powerfull #20039HHappyshark11
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April 6, 2025 at 3:13 pmIf 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.
April 6, 2025 at 2:50 pm in reply to: Should I file a case in consumer court? Are consumer court really that bad? #20023HHappyshark11
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April 6, 2025 at 2:50 pmConsumer 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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