Anticipatory bail, now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a pre-arrest legal remedy available to a person who has reason to believe that he or she may be arrested for a non-bailable offence. The application lies before the Court of Session or the High Court. The court may grant...
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Use up and down arrow keys to resize the meta box pane. Bail law in India protects personal liberty by allowing an accused person to be released from custody during investigation, inquiry or trial, subject to conditions imposed by the court. After the new criminal laws came into force on 1 July 2024, the principal...
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Disability pension for Armed Forces personnel is payable where a disability is attributable to or aggravated by military service and is accepted in accordance with the applicable Pension Regulations and Entitlement Rules. It ordinarily consists of two components: service element and disability element. The Supreme Court has repeatedly held that, where no disease or disability...
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The Armed Forces Tribunal is a specialised statutory forum for service disputes and court-martial appeals concerning Army, Navy and Air Force personnel. The Principal Bench of the Armed Forces Tribunal is situated at New Delhi and deals with matters including disability pension, service benefits, promotion, ACR disputes, disciplinary action and court-martial appeals. The AFT functions...
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A builder cannot mechanically forfeit the entire booking amount merely because the homebuyer cancels the booking. Under RERA, a promoter cannot accept more than 10% of the cost of the apartment, plot or building as advance payment without first entering into a written agreement for sale. In builder-buyer disputes, forfeiture must also satisfy the test...
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Confused between RERA and Consumer Commission? Learn which forum is better for delayed possession, refund, compensation and builder-buyer disputes.
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Section 18 RERA 2016 gives a homebuyer the right to claim refund, interest and compensation where the promoter fails to complete the project or deliver possession in accordance with the agreement for sale. The allottee may either withdraw from the project and claim refund with interest, or continue in the project and claim interest for...
Read MoreThe Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted to bring transparency, accountability and discipline into India’s real estate sector. The statute establishes real estate regulatory authorities, appellate tribunals, and an adjudicatory framework for disputes between homebuyers, promoters, developers and real estate agents. The Act expressly aims to protect consumers...
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Source code escrow in digital trade is a contractual mechanism where a software vendor deposits source code, documentation, build instructions, and related technical material with a neutral escrow agent to be released only upon agreed trigger events such as vendor insolvency, failure of support, breach of maintenance obligations, or business-continuity failure. In cross-border digital trade,...
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Mental cruelty in divorce cases refers to conduct by one spouse that causes such mental pain, suffering, fear, humiliation, emotional distress or breakdown of trust that the other spouse cannot reasonably be expected to continue the matrimonial relationship. Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty is a ground for divorce. Mental cruelty...
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