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Legal Article

Chit Funds, Ponzi Schemes and Banning of Unregulated Deposit Schemes in West Bengal and Kolkata

Introduction: Meaning: Chit Fund is an important topic to be discussed here. A chit fund is a type of system which is practised around the country in India. These schemes are organised by companies or financial institutions or among relatives or friends or neighbours. Chit Funds Act, 1982 defines the Following Provisions: Section 2 of […]

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Legal Article

How to Register Charitable Trusts in West Bengal and Kolkata?

Introduction: Charitable Trust is a trust which if formed for the benefit of the public, as for education, foods, shelter, medical and other charitable purposes. Charitable Trust is a trust which has the aim of charitable purpose. There are different types of organizations which may be established for a charitable purpose or they may acquire […]

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Legal Article

Remedies and Legal Actions to Recover Money in India

Introduction: This is a very important topic which is discussed here. There are many money lenders who provide money to the people in their need and also there are people who lend money to other people, neighbours and to the cousins in their need but sometimes these people make default in repayment of the amount. […]

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Legal Article

Age of Coronavirus and Video Conferencing in Courts of India

Introduction: The lockdown in the country has put many things on hold such as industries, companies, government and private institutions and government offices and so on. These are locked down due to Coronavirus or COVID-19, which is spreading across the country as well as around the world. Our government has adopted many ways to protect […]

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Legal Article

Who are Witnesses and What are Their Rights in India

Introduction: Meaning of Witness in general sense (definition):- Any individual who is present and understands or sees something. An individual or person who testifies in a court. An individual or person who presents or provides evidence. Meaning of Witness:- In a legal sense, a witness is a person who has knowledge about the relevant case […]

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Legal Article

Useful Links to Consumer Complaint in West Bengal

Consumer Law To file consumer complaint in West Bengal or Kolkata, it is very important to understand how consumer law works in India. Consumer law helps consumers to effectively raise complaints before the consumer forum when there is any dispute with sellers or merchants. This post lists some of the most important links that will […]

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Legal Article

Women Safety in India – Useful Links and Numbers

For Women’s Safety in India Women’s safety is of paramount importance in India. This is a short list of collected helpline numbers to provide immediate support and protection to women in India. Please call for immediate help. Central Social Welfare Board -Police Helpline 1091/ 1291 (011) 23317004 Shakti Shalini 10920 Shakti Shalini – women’s shelter […]

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Legal Article Real Estate Help

Road Ahead with the Indian Real Estate Act 2016

Under the recently passed The Real Estate (Regulation and Development) Act, 2016 (RERA), India has adopted several new features that will control the real estate market. Most importantly, the Act brings in Real Estate Regulatory Authorities who will be in charge to ensure compliance with the law. With the authority in place, all projects and […]

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Legal Article Real Estate Help

NRI Real Estate Investment Opportunites and Concerns

The Indian real estate market continues to grow rapidly. There is a positive sentiment flowing throughout the country and the real estate market is riding the wave. According to the World Investment Report by United Nations Conference for Trade and Development, India is currently ranked fourth in Asia for FDI inflows in 2016. Indian real estate […]

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Legal Article Real Estate Help

Developers do not Have to Maintain Flat or Apartment after Registration is Completed

Developers do not Have to Maintain Flat or Apartment after Registration is Completed and Property Handed Over The Calcutta High Court in Merlin Tf Lake View & Ors vs Ruchir Jain & Ors on 26 August, 2015, held that: “Once the apartments are constructed and registration is completed, we fail to understand how the maintenance charges […]

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Legal Article

Consumer Complaint Online Portal in West Bengal

For those of you who are looking for ways to file consumer complaints against those who are negligent in their services or goods. The West Bengal government has recently launched an online complaint portal that will help them to tackle such complaints effectively. You can now file complaints here: https://wbconsumers.gov.in/ProtectedPages/con_login.aspx Here is more information about how to […]

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Legal Article Real Estate Help

New Changes to Thika Tenancy in West Bengal

In continuation to the earlier analysis of thika tenancy in West Bengal : https://advocatechenoyceil.com/2013/07/13/deconstructing-west-bengal-thika-tenancy/ It has now come to light that the current West Bengal government is trying to bring a one window mechanism to help thika tenants and bharatias regulate their holding. Under the new law, the thika tenants or bharatias will not require the […]

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Legal Article Real Estate Help

Co-operative Society cannot Charge Fee or Raise Donation to Approve Transfer of Property

According to the latest update in the FAQs by the Department of Cooperation, the cooperative housing society cannot charge any fee or donation for transfer of membership from the transferor/member. This is the latest update from the previous position, where, the society could charge upto 0.5% of the sale value in terms order no. 2522 dated […]

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Business in India Legal Article

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 […]

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Legal Article Real Estate Help

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 […]

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Legal Article Real Estate Help

Forming Apartment Association under Apartment Ownership Act West Bengal

An apartment or a flat is a self contained housing unit that forms part of a building. Under West Bengal Apartment Ownership Act, 1972, (the Act) Section 3(a), an apartment means a property that has direct exit to a road or to a common area leading to such road and the apartment along with common […]

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Legal Article Real Estate Help

How to Transfer Land, House or Apartment in West Bengal Co-Operative Housing Society and Take Action if Society Denies Transfer

Steps to Transfer To transfer house, land or apartment in Co operative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 r/w Section 92 of the WBCS Act 2006. However, if the Society is asking for donation amount more than 0.5% (prescribed under […]

Categories
Legal Article

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 […]

Categories
Legal Article

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 […]

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Legal Article Real Estate Help

Management of Funds, Cost, Profit, Accounts of a Co-operative Housing Society in West Bengal

Under Rule 148 of the WBCS Rules, 2011, apportionment of cost of land, house or apartment in Housing Co-operative Society is to be decided by: “(1) The cost of any land (including its development cost) or the cost of any house or apartment on such land built by a housing co-operative society shall be apportioned […]

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Legal Article Real Estate Help

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 […]

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Legal Article Real Estate Help

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 […]

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Legal Article Real Estate Help

Co-operative Housing Society West Bengal and NRI Membership

A Co-operative Housing Society is formed under the West Bengal Co-operative Society Act, 2006 (previously the West Bengal Co-operative Society Act, 1983). The Act extends to the whole of West Bengal and came into force on 18th January, 2011 vide Notification No. 177 – Coop/H/2R – 1/2006. Under Section 157(1) of WBCS Act, 2006, the […]

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Legal Article Real Estate Help

Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

Transfer of property defined under Section 5 of the Transfer of Property Act, 1882 as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and “to transfer property” is to perform such act. […]

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Legal Article Real Estate Help

How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

To register a co-operative housing society in West Bengal, you need at least 8 members. If one member has the land in his name he cannot start the society without the requisite number of members. However, under Rule 131(6) of the West Bengal Co-operative Society Rules, 2011 (WBCS Rules 2011), a person conveying a plot […]

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Legal Article Real Estate Help

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 […]

Categories
Legal Article

How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under […]

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Legal Article

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 […]

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Legal Article

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 […]

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Legal Article

Oral Evidence in Enforcement of Arbitral Award

Si-Al Bioenergie vs Sbec Systems Citation: AIR 2005 Delhi 95 Facts of the Case The facts of the case were that the decree holder (Si-Al Bioenergie) sought to enforce an arbitral award under Sections 48 and 34 of the Arbitration & Conciliation Act, 1996. However, the judgment debtor (Sbec Systems) applied to set aside and […]