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Showing posts from February, 2022

How To Stop Or Remove Mobile Tower Installation In Residential Areas?

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Due to increase in the mobile phones users in India, there is also a need to increase the number of mobile phone towers to provide seamless mobile connectivity to everyone. And, this is the major reason that mobile phone service provider companies are installing mobile towers everywhere, even nearby hospitals, residential areas, schools and other crowded areas, which may not be good for the health of the public at large. Legal Steps To Be Taken To Stop Or Remove Mobile Phone Tower Installation In Residential Areas 1. Speak directly with the owner of premises who has entered into an agreement with companies to get mobile phone tower installed on the roof of his or her premises. You need to know his views about the harmful effects of mobile phone towers on human's body and mind and need to convince him peacefully to stop or remove the said installation. 2. Check with local resident welfare association (RWA) if the owner of the premises has taken the approval before installing the mob

How To Defend A Cheque Bounce Case?

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Cheque Bounce  is a criminal offence and is punishable for a term not exceeding two (2) years or fine which may extend to twice of the cheque bounce amount or with both.   However, there are many circumstances in which drawee or receiver of cheque can file the false case to create pressure on the drawer or issuer of cheque to fulfill his or her ulterior motives.    However, the drawer or issuer of cheque can defend himself or herself by taking some important steps as mentioned below.   1. Immediately stop the payment via your bank and file a police complaint if someone can misuse your cheque or have misused the same. In complaint, you can mention in brief about the circumstances when and why the said cheque was given to that person.   2. If someone has taken your cheque forcefully then you must stop the payment first via your bank and can make a complaint about the same incidence in your nearest police station immediately.   "Filing the complaint in the nearest police st

Post Dated Cheque As Security For Repayment Of Loan - Liability or Not

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Post Dated Cheque  is a cheque written by drawer for payment of a particular amount on a date in future. In other words, it is a legal commitment for future's liability by the drawer. Law On Dishonour of Post-Dated Cheque Given As Security For Repayment of Loan: A post-dated cheque, which was described as a security in the agreement, can be presented by the drawee or holder in the bank, if the drawer or issuer of cheque fails to make the repayment of loan or any other debt. Therefore, it is correct to say here that its the legal liability of the person to make the repayment of loan or debt on time; otherwise the drawee or receiver of post-dated cheque has the right to present the said post-dated cheque in the bank to get his or her legal dues. The similar matter has also been covered by the Hon'ble Supreme Court in its judgment passed in the matter i.e. Sampelly Satyanarayana Rao Vs Indian Renewable Energy Development Agency Limited.   Article Written By:  Mr. Raman Sharma (CS,

Cheque Bounce - Meaning, Legal Procedure & Punishment

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A Cheque is a legal commitment made by a drawer ("issuer") to drawee ("receiver") to make the payment of a fixed amount on a particular date. Drawee has the absolute legal right to present the cheque in the bank on the date of cheque or within 3 months from the date of cheque.   Meaning of Cheque Dishonored or Bounce:  A cheque is considered as bounced or dishonored due to any of the below mentioned reasons.   1. Insufficient funds   2. Payment Stopped by Drawer or Issuer   3. Incorrect Date   4. Signature Mismatch   5. Mismatch of amount and figures   6. Overwriting of the cheque   7. Damaged Cheque   8. Closure of Bank Account of Drawer There may be some other reasons as well but aforesaid are the most common reasons of cheque bounce.     Legal Procedure In Cheque Bounce Case:   1. Send a legal notice to drawer or issuer of cheque within 30 days from the date of receiving the bank memo of cheque bounce. In the said legal notice, you shall

How To Get Divorce Quickly In India?

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The easiest way to get divorce without any hassle is "Divorce By Mutual Consent" under section 13B of Hindu Marriage Act, 1955. To understand the process for divorce by mutual consent, you first need to know its meaning.   Meaning of Divorce by Mutual Consent : A stage when husband and wife mutually agree to terminate their marriage by filing a joint petition in the court, without levying any kind of allegations on each other.   Conditions under section 13B of Hindu Marriage Act, 1955 to get divorce by mutual consent are:   1. Both husband and wife have been living separately for a period of one year or more.   2. Both husband and wife strongly thinks that there is no possibility to live together in future too.   3.  Both husband and wife have mutually agreed that the marriage should be dissolved.   4. First Motion Petition shall be filed by both husband and wife before the district court. Basically, first motion under proceeding of divorce by mutual consent is th