Five Facts You Need To Know About Ancestral Property

There is a lot of unawareness around ancestral property rights amongst us. A reason is ignorance and even amendments in the law. One of the many questions that are commonly asked around ancestral property laws that people keep pondering upon or enquiring from friends and acquaintances is about women’s share in ancestral property. Here’s run down five facts around ancestral property rights you need to know and around daughter’s share as well –

  1. Ancestral property means the property that is inherited up to four generations. As in from father to great great grandfather.

  2. The right to ancestral property is considered to be based on birth and not after the death of the owner.

  3. The ancestral character is not considered if the partition or division of the property is already done through a deed or mutual basis within the family.

  4. The division of the property is done not on the basis of per capita but on the basis of per stripe. First the share of each generation is determined. Later the subdivision is done for the remaining generations. Also, every generation does inherit from its predecessor.

  5. Will and gift based properties are not included in ancestral properties.

  6. If a father gifts a property to son, it is not included under ancestral properties.

  7. If a self-acquired property is used in common it can be included under ancestral properties.

  8. But, if the father wants to disinherit his son from a self-acquired property within the ancestral property, he can do so but the son still has rights over ancestral property

  9. Before 2005, only sons had rights to ancestral property. But, in 2005 the Supreme court amended the law providing rights to a daughter whether married or not, in ancestral property. The court later clarified that if the father has died before the amendment of the Hindu law in 2005, the daughter does not have any right to ancestral property.

Well, theses day women are becoming more and more aware of their rights but even today there are many women and even people who aren’t really aware about ancestral rights or have a lot of queries around the same. The aforementioned are a few facts that might just help you clear some of your doubts around the same.

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Passport Can Be Renewed Even If There Is A Criminal Case Going On If Court Permits – A Case Study

The chief general manager of state run PEC limited was denied the renewal of his past as he was charged by the CBI for offenses under the IPC section 420 as well as section 13 of the corruption act after the CBI had filed an FIR against him and his PSU under the ministry of Commerce and Industry for cheating of over 530 crores.

When the advocate of the client applied for an NOC for Passport renewal, the PEC limited refused it citing the office memorandum of Aug 28, 2018, that the Ministry of Public grievance and Pension, Personnel, Department of Personnel and Training, stating that in case of any pending disciplinary proceedings, the vigilance clearance as well as the NOC certificate required by a public servant for issuing or renewing passport can be withheld ordinarily.

Passport Can Be Renewed

The Advocate of the person in concern had challenged two office memorandums issued by PEC limited that declined his client’s passport renewal request. The report that the PEC as well as the passport office submitted for denial was under the Section (6) (2) (f) of the 1967 Passports Act. It states that the passport office can deny the renewal of passport to the applicant who is under-going court proceedings before a criminal court of India. The PEC limited counsel further contented on the order of the special judge which was conditional and did permit passport issuance only if it is allowed under the relevant passport rules.

The court noted that the PEC did not bring forth any other other rule other than Section (6)(2)(f) and 10 of Act that would prevent the applicant from getting his passport renewed and that the criminal court in concern did approve his passport renewal.

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Justice Bakhru further added “The reliance on Section 10 of the Act is ex facie misplaced, since it pertains only to impounding and revocation of passports and travel documents”. The court directed that if the petitioner submits an application for passport renewal, it would be processed for a period of two years but there is this condition where the petition submits an undertaking to respondent no 5 that he would appear before the court whenever required during the issued passports continuance.

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Environmental Law As a Career – An Overview

Many of us might not be aware but environmental law is one of the careers in law that is being considered as a lucrative career. This law deals with laws and issues around green initiatives, waste management, sustainability strategies, bio-diversity, hazardous waste and alternative energy resources. Today sustainability has become a priority across the world and hence the world is in need of lawyers who can be the torch bearers as far as advice around green standards and sustainability issues are concerned. As the needs of corporate houses grow in terms of legal work needs around environmental legislation.

Environmental Law

The work of the environmental lawyer involves working around the laws of the environment and legislation and the interests of the environment as well. The issues around the environment include responsibility, stewardship, ecology, sustainability can result in taking a legal course which might in turn require you to have an environmental lawyer. The role of an environmental lawyer involves in representation their clients around environment issues, helping them devise the environmental policies and write as well as orient their clients about environmental law.

Environmental law is in demand overseas as well and the salary offered is also quite handsome. In India, Environmental law is not as popular right now. The branch that deals with environmental law in India is called regulatory branch or branch of environmental legislation. These branches are high capable of understanding technical material including scientific literature, raw data as well as precedent cases in order to scrutinize the legal situations affecting the environment in one way or the other.

Their job role involves decision making on matters like prosecution of environmental offenders. Representation of a corporate house, a corporation, government or business entity at pre-trial negotiations as well as discovery sessions, to name a few.

There are various institutions across the globe that offer degree in environmental law. A rule of the thumb is that if you are passionate about environment then go for this degree more than relying on the statistics of whether it is lucrative or not, and you will definitely excel.

 

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Single Parenting is a Dangerous Concept As Per High Court

As per the observations of madras high-court single parenting can have adverse effects on the society. The high-court mentioned that single parenting could be a dangerous concept for the society as the child needs the love and care of both mother and father.

Single Parenting is a Dangerous Concept As Per High Court

In the order of the year 2016, the court had suggested to the union ministry of women and child development about considering castration for criminals of child abuse and rapists as an additional punishment alongside the already present ones under the Protection of Children from sexual offences (POSCO) Act, IPC and the juvenile justice act.

The court justice Kirubakaran also noted that the family system had changed over a period of time from joint to nuclear and recently to single parenting. The court also harped upon the point of bifurcation of union ministry of women and child development and start a dedicated ministry itself for child development.

The court also instructed the state government to conduct awareness programs with regard to crime against children amongst the other directions it gave. As per the court single parenting was a concept that was dangerous to the society and true to because there could be umpteen other challenges or obstacles that a single parent can also face besides the child. These challenges include those like taking multiple responsibilities because a single parent has to take the load of the both the parents, be it any kind of responsibility, time management, finance burden and child management. It takes a two to tango truly goes with parenting as one parent cannot manage all the responsibilities alone. It is tough and its even tougher for the child to not get a balance of both parents. Thus, what the high court said around the concept of single parenting does make sense in every way, aint it?

 

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Stringent Implementation of Cyber Laws in India – The Need of the Hour

Cyber laws deal with cybercrime viz. the relationship of the internet with electronic and technological elements like computers, hardware, software, and related information’s systems. The law is devised to control and stop cyber crimes like online frauds and scams, hacking, computer system attacks, identity thefts, prohibited or illegal content. Cybercrime can not only cause financial issues but also upset victims extremely on a mental level. There are two types of cyber crimes one is with the computer as a target and the other using the computer as a weapon. Cyber laws include copyright, defamation, freedom of Speech as well as harassment and stalking, contracts and employment, trade secrets and more.

Here are a few examples of cyber crimes in India.
For example, Google and other online search engines spend a great deal of time developing algorithms for search results. They also spend a lot of time and resource on developing maps, intelligent assistance and more. Cyber laws help these companies protect their trade secrets and take legal action with the help of cyber lawyers against cybercrime.

Online eCommerce scams are not new. There are many cases coming to light where people ask for transferring an amount of money against the transfer fee for winning a big lottery amount. Many people fall prey to the high lottery prizes and transfer. Once the money is transferred by the victim, they receive nothing. Now, you can take help of the cyber law to trace such frauds. In 2012 a 32-year-old man was arrested by the Cyber cell for duping a student from Kandivali for Rs 1.2 lacs through a lottery scam. The Mumbai cyber cell cracked this scam.

There have been many instances popping out in the media about leakage of personal Aadhar card details and more. It’s not that India does not have any cyber law. The law is very much there and comes under the Information technology Act, 2000 or IT act as they call it. Though the internet has brought forth a lot of complex legal issues while the existing laws could be old school. The notorious cyber hackers hence try to tweak these laws taking disadvantage of the glitches and use it to their own benefit. Even today with millions of Internet users in India, don’t have an email ID that is considered to be a legal email ID. There is not legalization done for email IDS even today as there is no law to do so. As the times are changing rapidly and the country is digitizing, enabling of a legal support substructure to fit the current times is absolutely necessary.

The rate at which Cyber-crimes are increasing in India, it is high time that stringent cyber laws are brought into effect to control the further rise and even the existing rate of Cyber-crimes like online frauds, scams, hacks and more.

 

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Received a Fake Product From an Online Shopping Website – Here’s What You Need To Do

Many of you might have come across incidences wherein, people have received stones, bricks and more instead of the expensive products they purchased. There was this case that came into light about a customer from Ghaziabad buying an expensive phone worth over 45K from an online site and getting stones in the box. But, he was smart enough to cover the box opening procedure on his phone video camera. He simply posted this video on the micro-blogging site and was lucky enough to receive a full refund with 4 days.

But, such incidences leave very bad impressions about online transactions or purchases. People turn reluctant to make purchases of higher costs as well. Many times the product is damaged as well or even fake. The reason being that some eCommerce sites only tend to be a selling platform where umpteen buyers sell products.

So, what’s the action plan if you fall prey to this online fraud, which could be due to a fake website purchase, or a fake seller on a genuine website or a notorious courier company.

Here’s a look through some preventive measures that can primarily help you keep such frauds at bay.

Check the site URL – The URL of the site is the first thing you need to check when you visit the site. A secure site will always have HTTPS with a lock icon. A non-secure site will have HTTP.

Check for customer reviews – The customer reviews and rating of the seller together will give you a fair idea of the quality of the products and service of the seller.

Check the payment gateway – Do check if the payment gateway used for payment through credit card or debit card or net banking is secure enough.

Now, in times when you fail prey to frauds, fake or damaged products, this is what you could do to get out of the mess.

If you get a fake product – If you get a fake product, primarily, click the images of the product and contact customer support of the website through email and give every relevant detail pertaining to the product. Wait for the customer support to get back to you. They might ask you to return the product and refund you the money or suggest a replacement.

Incase, the site does not agree to refund or replace you may take the next step, viz. legal action.

Reach out to the Consumer Court – You may file a complaint to the consumer court with the details. You might have to hire a consumer lawyer for the same and fight the case. You can claim the complete compensation from the seller.

File a case – You could either send a legal notice to the seller with regard to the fake product after consulting a consumer lawyer or file a case of infringement via a copyright lawyer.

Whichever legal step you take and proceed to be sure to consult a consumer lawyer and then go ahead. Make certainly give the best results.

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Crime and Its Concepts – A short Description

Before talking about the concepts of crime, lets just define crime first. Crime by definition means an act that is capable of being followed by criminal proceedings. Sir William Blackstone defines crime in two ways. One, as an act committed or omitted in violation of public law commanding or forbidding it. Though the definition is limited in the sense that it is only applicable to bulk of criminal law segment that covers political offenses and was modified later. Though the definition of concept of crimes showcases traceable difficulties with respect to the concept, it can still be defined or rather can make sense based on four different frame works.

concepts of crime

Social construction is one of them. As culture varies across the length and breadth of the country, it is difficult to create a standard definition of crime as it could vary from culture to culture.

Religious authority is another. Now, there is this huge conflict across religions when it comes to considering something as crime. While it may be a crime in one religion, it may not be in another. Example – women in middle east are not allowed to drive as per the Sharia law of Saudi Arabia. It is considered to be a crime even today, however absurd it may sound in other part of the world. Another example is honor killings and domestic violence which is allowed in certain religions while in certain it is considered as crime as per the basic state law.

Another example is holocaust of Germany wherein Hitler in Nazi Germany ordered a systematic slaughter of the Jewish race, which was not considered a crime then. But today when reviewed, the holocaust is known to be the greatest crime in history of Germany. Even when the trial was carried out only a few officers that were closed associated were held responsible. As for others they were not held responsible as they were only following orders of their seniors and did not commit crimes willingly. This again throws light on the definition of crime and its affects on not only the situation but people involved in the situation.

Thus, as we may see based on the four frameworks explained above including the examples of holocaust, Saudi Sharia law, domestic abuse and honor killings, it can be understood that the definition varies as per time and the ever changing needs of the society. There are more example which can prove that crime as an act is not the same everywhere. For example liquor sale and consumption is a crime in Gujarat but in many other states of India it is not.

Thus, we can clearly see that the definition and concept of crime ranges from individual and personal to historical and social circumstances and hence it is difficult to have one single definition for it.

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All About Courts in India

ALL ABOUT COURTS IN INDIA

Though if one has to wish for something related to court proceedings, one would rather wish of staying away from getting into the same, due to its time and money consuming repute. But, when you have to you have to, there is no way else where or out. So, why not be aware about the court and its hierarchy. The first step here begins at the judicial body, village courts, the district court, going up to the high and finally the supreme court.

Village Courts or Panchayats
Better known as gram, lok or nyay panchayats, these courts are set up at village level to resolve disputes arising in villages or rural areas.

District Courts
These courts are for the urban populace. People at town or city levels can knock their door to seek justice or resolve their dispute. It has a district judge and is supported by many subordinate courts. Every district does have separate courts for labour and families as well as special courts that deal with narcotic drugs, substances act falling under essential commodities.

High Courts
Every state has their own high court and its generally situated in the capital of the respective state. Many states also have bench courts which refers to high court branches. In the same way, union territories have high court benches of the nearby state. The high court comes into action only if the lower courts cannot hold a trial due to territorial and pecuniary jurisdiction issues.

Supreme Courts
This is the highest of all the courts in hierarchy and stands at the top. The powers it has form original advisory jurisdiction and appellate powers. There is also a facility for citizens to directly file a suit with the supreme court in case of fundamental rights violation. At times even the President of India asks advisory jurisdiction for advise on certain issues. Supreme court judgments and laws are to be abide by every court in the hierarchy of India.

Some of us aren’t aware about the difference between tribunals and courts. Tribunals and courts are totally different bodies though they work in parallel and tribunals are not a part of the court hierarchy. Apparently, the hierarchy is forms on the basis of the constitutional structure and the reason behind its formation is to ably handle the mammoth population of the country and its problems and issues in a streamlined manner.

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Marriage, Divorce and Name Change in India

While marriage is an auspicious and life changing event in one’s life, divorce is also life changing but heartbreaking. India is one country where most of the females change their surnames to that of their spouses post marriage. They even change it in their identity document like Voters ID, Pan card, Aadhar Card and more. Though, it is not mandatory to do so for a female and is done as a gesture of companionship, doing it and undoing it post a divorce is a matter of choice and involves a systematic legal procedure. Here is a sneak peek into the procedure to change name post a marriage and a divorce.

Name Change in India

Post Marriage
As a proof of your marriage you need to submit the marriage certificate along with the application to state government gazette office. You can get the form from the office or the online website of State government. It is chargeable and post verification of the proof attached, your name change appears in the published gazette. Copies of the same are couriered to you and you may use them as a legal proof. You also have to publish the name change news in the local newspapers, English and local language preferably.

Post Divorce
Post divorce if you want to retain your earlier identity, you will have to apply for the same with a divorce order copy.

Name Change
In India there is freedom of having any name of your choice and changing it while following legal procedures. You can not only change your name, surname, but a female can use two surnames as well one her maternal and one post marriage together as well. Furthermore, you can even change the surname of your child post divorce unless your husband approves of it.

Having said that, due care has to be taken to ensure the name change is applicable in all the legal and official documents.

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Dissolving of Intellectual Property Rights

Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.

Intellectual Property Rights

Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.

There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.

To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.

To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.

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