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 … Continue reading New Changes to Thika Tenancy in West Bengal

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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

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

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

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

Conversion of Doba or Tank or Water Body Land into Homestead Land or Commercial Land in West Bengal

To convert doba/tank or water body land into residential or commercial or homestead land, one has to apply to local municipality as well as the District Land Reform and Land Reform Officer (DLR/LRO) in the given format that is attached below. The cost for conversion is somewhere between Rs. 20 to Rs. 100 per decimal … Continue reading Conversion of Doba or Tank or Water Body Land into Homestead Land or Commercial Land in West Bengal

Save Capital Gains from selling Co-operative Housing Property

To understand Capital Gains from selling Co-operative Housing Society flat/plot in West Bengal it is important to understand the specific provisions of the Income Tax Act as provided under: a) Section 54: In case the asset transferred is a long term capital asset being a residential house, and if out of the capital gains, a … Continue reading Save Capital Gains from selling Co-operative Housing Property

Disputes and Differences in Co-operative Housing Society

If disputes arise in a co-operative housing society located at Kalyani, Krishnanagar, Nadia, Salt Lake, or any part of West Bengal then such disputes are to be referred to the Deputy Registrar or Assistant Registrar of Co-operative Societies in West Bengal. In accordance with Section 102 and Section 145 of the West Bengal Co-operative Societies … Continue reading Disputes and Differences in Co-operative Housing Society

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

Application u/s 172 CrPC for Production of Case Diaries

IN THE COURT OF SH.____________, LD. SPL JUDGE, NEW DELHI IN THE MATTER OF: CBI       V/S      _________________________ ____________/ CBI (DTD. _______) NDOH: ________ APPLICATION ON BEHALF OF ACCUSED _______________ FOR PRODUCTION OF CASE DIARIES U/S 172 CrPC IT IS MOST RESPECTFULLY SUBMITTED A UNDER: That the applicant/accused is innocent and has been falsely implicated in … Continue reading Application u/s 172 CrPC for Production of Case Diaries

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of … Continue reading Data Theft and Data Protection Precautions 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