Ease of Doing Business in India Improving

India is one of the fastest growing economies in the world and by 2016-17 it will be the biggest economy in the world. India's growth rate is destined to touch 8% by 2016-17. Further, by 2050, it is believed India will overtake all countries in its Purchasing Power Parity (PPP). However, doing business in India … Continue reading Ease of Doing Business in India Improving

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Separately Selling Car Parking Space Illegal

Today, most developers are selling stilt car parking separately but it is illegal as held by the Supreme Court. Common areas cannot be sold by the Builder/Promoter but the Co-operative Society can regulate such spaces to allow parking to the members of the society. The Supreme Court in Nahalchand Laloochand Private Limited v. Panchali Cooperative Housing … Continue reading Separately Selling Car Parking Space Illegal

TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

On 15th April 2014, the landmark judgment in National Legal Services Authority v Union of India and Others (Writ Petition No. 400 of 2012 with Writ Petition No. 604 of 2013) was passed. The court was constituted of two judges and the leading judgment was given by Justice K.S. Radhakrishnan, whose judgment was endorsed by … Continue reading TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

Live-In Relationships and Protection from Domestic Violence for Women in India

Background of Domestic Violence Act and Live-In Relationship in India The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The DV Act has been enacted to provide an effective protection of … Continue reading Live-In Relationships and Protection from Domestic Violence for Women in India

Sale of Debutter Property/Deity Property and Role of Shebait/Manager

Hindus have been known to dedicate property for religious and charitable purposes since the Vedic ages. Dedication of property has been mainly under two heads: Ishta and Pushta, which have been considered as means for going to heaven. The former indicates the Vedic sacrifices and rites and gifts associated with such sacrifices while the latter … Continue reading Sale of Debutter Property/Deity Property and Role of Shebait/Manager

In Mutation Application Corporation Cannot Question Title Existence

It has been held time and again that in mutation application, the municipal corporation or concerned authority should not go into the question of whether valid title exists for the applicant. Mutation of property does not prove ownership or title to the property but it only showcases that the State is collecting revenue for the … Continue reading In Mutation Application Corporation Cannot Question Title Existence

How to Lease Public Charitable Trust Property in West Bengal

The law of trusts in India has developed in its own specialized way but it has definitely created a lot of advantages as a very convenient instrument for running religious and charitable organisations. A trust provides the means by which specific benefits are carved out for different people who are interest in the same Trust … Continue reading How to Lease Public Charitable Trust Property in West Bengal

Differences between Original Petition and Interlocutory Petition/Application

Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs.  Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree … Continue reading Differences between Original Petition and Interlocutory Petition/Application

Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Efficacious remedy implies a form of relief that can be obtained at a different forum from the current forum. It is generally necessary to exhaust other efficacious remedy before filing writ petition because the inherent powers of the High Courts to issue prerogative writs or order in terms of Article 226 of the Constitution is … Continue reading Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Adoption Deed Format India

THIS DEED OF ADOPTION made this …….day of………………..20__ BETWEEN ________________ son of ______________________ residing at _______________________________ hereinafter called the DONOR of the FIRST PART and ____________________________ wife of ____________________ residing a _____________________ hereinafter called the FIRST CONFIRMING PARTY of the SECOND PART and  ___________________ son of _________________________ residing at _____________________________ hereinafter called the DONEE of … Continue reading Adoption Deed Format India

Findings of Fact and Conclusions of Law Format

Attorney_____ (#____) ___________________ ___________________   Attorney for Petitioner ______________________________________________________________________________   IN THE THIRD JUDICIAL DISTRICT COURT OF _________ COUNTY   STATE OF ________ ______________________________________________________________________________ ) IN  RE:                                                                       ) THE INTEREST OF:                                                 )           FINDINGS OF FACT AND )           CONCLUSIONS OF LAW ________________________                       ) ) A MINOR CHILD.                           ) ) ____________,                                                           ) ) Petitioner,                    ) v.                                                                     … Continue reading Findings of Fact and Conclusions of Law Format

Hypothecation and Mortgage Property in India

Hypothecation legally means providing something as collateral for any form of debt. However, although a collateral security is provided the debtor usually does not have to turn over physical custody of the collateral although the lender is "hypothetically" in control of the collateral. The Indian Contract Act does not define the term ‘hypothecation’, however, section … Continue reading Hypothecation and Mortgage Property in India

Checklist For Buying Flat/House/Property India West Bengal

You must check the following before embarking upon buying any property, be it a house, land or an ownership flat or even a Co-operative society flat. The splurge of developers and builders in every nook and corner is of serious concern. So buyer beware... 1.Clear title of the land 2. Mutation of land in current … Continue reading Checklist For Buying Flat/House/Property India West Bengal

Residential / Non Residential (NRI) Status in India

The concept of “Non Resident Indian” has been defined differently under various statutes such as the Income Tax Act, 1961 and Foreign Exchange Management Act (FEMA), 1999. The Citizenship Act, 1955 does not define “Non Resident Indian”. The Citizenship Act mainly provides for the acquisition and termination of citizenship. In brief, citizenship of India can … Continue reading Residential / Non Residential (NRI) Status in India

Co-operative Housing Society Rules West Bengal

A cooperative housing society in West Bengal is formed under the West Bengal Co-operative Societies Act, 2006, which however came into force in 2010. Along with the West Bengal Co-operative Societies Rules, 2011, the 2006 Act regulates the formation, structuring and working of co-operative housing societies in West Bengal. Housing Co-operative society is defined under … Continue reading Co-operative Housing Society Rules West Bengal