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Recent Posts

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11
Dear Sir,

Supreme Court is the last court of the land in India. If SLP is dismissed, you can file a review petition and if review is dismissed the only remedy available to you is to file a curative petition. Review petition, normally goes before the same bench for adjudication and no actual hearing is given in the court. The review petition is decided in the chamber itself without providing any hearing to the counsel in Supreme Court of India.

You may try your luck by filing a review and curative petition.

Regards,
12
Criminal laws / Re: RPO sends Indian passport cancellation for Police inquiry
« Last post by advjaibansal on February 22, 2018, 11:56:09 PM »
Dear Sir,

The Indian passport should ordinarily would have been deposited with the French Embassy at the time of issuing the French passport for cancellation. However, its not an office as you have immediately informed the Indian passport authorities after obtaining the fresh passport and tried to surrender the Indian passport.

As Indian passport authority which is not (ministry of external affairs ) have refused to issue the surrender certificate, you should file a writ petition seeking directions abasing the regional passport authority to accept the old passport and issue surrender certificate or return the Indian passport after cancellation of Indian passport. In the said writ petition also seek stay on initiation of criminal proceedings.

You will be needing the Indian passport in case, u desire to apply for OCI certificate, that will enable you to stay in India without obtaining visa I think. There is no dual citizenship in India started as if now. The cancelled Indian passport has to be retained by you for future purposes.

I hope there is no substantial delay in depositing the Indian passport after accepting the French passport.


Regards,
13
Property laws / Re: Sale of property acquired by Gift Deed
« Last post by advjaibansal on February 22, 2018, 11:49:31 PM »
Dear Sir,

After registration of Sale deed or at the time of registration of sale deed, you have to handover all the previous chain of documents in original the purchaser of the property. It will also enable him to sale the property in future if he so desires. It is must to handover all the previous original documents relating to the title of the property. Gift deed is one of them as you have acquired your right, title and interest in the property through gift deed.

Regards,
14
Property laws / Sale of property acquired by Gift Deed
« Last post by achak on February 22, 2018, 07:55:30 PM »
I have a property in Kolkata which was gifted to me by my father.
The gift deed is duly registered.
Now I have decided to sell the property. The prospective buyer's lawyer has informed that the ORIGINAL Gift deed is required to be handed over to the buyer once the property is registerd in the buyer's name.
Is this mandatory to hand over the Gift deed ?

15
Criminal laws / RPO sends Indian passport cancellation for Police inquiry
« Last post by mariagrace on February 22, 2018, 10:06:36 AM »
Hi all, Would like to seek legal opinions on the below

I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.

I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. But according to our knowledge we have not used both the passports and we wanted to cancel Indian passport before using French passport and hence this should not be an offence.

RPO quoted Section 12(1A) of Indian Passport act in the letter sent to Police
"It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -

(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees"

We recently followed up with the commissioner's office and they told us that they are going to file FIR based on the above statement received from the RPO.

Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
16
Since the property is in your grand father's name the law of succession will apply from your grandfather.

you have to make Legal heir certificate first.
than mutation in the name of all legal heirs.

thats how it will follow
17
If Court passes a judgment in contrary to the law in existence, what is the legal recourse.

In this case even the supreme court dismissed the SLP.

But has made the order not re portable, in such a case non can know the law has been changed by supreme court.

what to do please give idea
18
Copyright laws in India / Re: employee stolen source code and copyrighted
« Last post by advocate-lyngdoh on February 22, 2018, 06:25:35 AM »
who ever has copyrighted first, The Registrar of copyrights will stand by that person as witness in the court of law.

The person copyrighting subsequently will also be booked under criminal charges of submitting a copied work in copyright office.

as the copyright act clearly states that every application submitted is taken as an Original piece of creative work.

so the second as sworn falsely  in affidavit.
19
Using one line in a product can be termed as "FAIR USE".

since you are not selling the poem rather u are using a part of it in another trade will not bring this under infringement.

I see no problem as of now.
20
Divorce Laws / Re: Husband left me and went to Australia
« Last post by advocate-lyngdoh on February 22, 2018, 06:19:26 AM »
File for maintenance for children and you and Right to Residence also.

you should not delay any further on this.
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