Army Rule 180 protects a person subject to the Army Act when a Court of Inquiry affects his character or military reputation. In such a case, the affected person must be given full opportunity to remain present throughout the inquiry, make a statement, give evidence, cross-examine witnesses whose evidence affects his character or military reputation,...
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Regular bail after arrest is the legal remedy by which an accused person already in custody seeks release from the court during investigation, inquiry or trial. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail in bailable offences is dealt with under Section 478, bail in non-bailable offences is dealt with under Section 480, special powers...
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Mutual consent divorce in Malviya Nagar, New Delhi is a court-based process where both spouses jointly agree to dissolve the marriage and settle all issues such as permanent alimony, maintenance, child custody, visitation, return of stridhan/articles, withdrawal of pending cases and future claims. For Hindu marriages, Section 13B of the Hindu Marriage Act, 1955 applies....
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A divorce lawyer in Malviya Nagar, New Delhi may advise on matrimonial disputes involving mutual consent divorce, contested divorce, cruelty, desertion, maintenance, child custody, visitation, domestic violence proceedings, return of stridhan, settlement drafting and Family Court procedure. However, the correct court is not decided merely by the location of the lawyer’s office. Jurisdiction depends on...
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The Madhya Pradesh High Court has refused to quash departmental proceedings against a judicial officer who was accused of preparing an acquittal judgment in a criminal trial before the case had been legally concluded. The Court held that allegations touching the integrity of a judicial officer require careful disciplinary scrutiny and cannot be halted merely...
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The Armed Forces Tribunal, Regional Bench, Lucknow has held that where a Release Medical Board assesses an Armed Forces personnel’s disability at 20% for life and attributable to service, the disability percentage cannot be reduced to 10% merely because the individual is unwilling to undergo surgery. Once the disability is accepted at 20%, the benefit...
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Setting up a fintech company in India requires first identifying the business model because fintech is not one single licence. A fintech may operate as a technology service provider, Lending Service Provider, digital lending platform, payment aggregator, payment gateway, prepaid instrument issuer, account aggregator, credit marketplace, wealth-tech platform, insurtech, regtech or embedded-finance platform. The legal...
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A Lending Service Provider, or LSP, in digital lending is generally treated as an agent of the Regulated Entity when it performs lender functions such as customer acquisition, underwriting support, pricing support, servicing, monitoring or recovery on behalf of a bank or NBFC. Even if the agreement between the Regulated Entity and the LSP describes...
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A cheque bounce case in India is generally filed under Section 138 of the Negotiable Instruments Act, 1881 when a cheque issued towards a legally enforceable debt or liability is dishonoured due to insufficiency of funds, exceeds arrangement, account closure, payment stopped or other legally recognised reasons. The payee must issue a written demand notice...
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ITC DENIED -Input Tax Credit cannot be denied mechanically to a bona fide buyer merely because the supplier failed to pay GST or failed to reflect invoices in GSTR-1/GSTR-2A, if the buyer has fulfilled statutory conditions such as possession of tax invoice, receipt of goods or services, payment to supplier through banking channels, filing of...
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