BNSS Section 35 deals with arrest without warrant and also contains the notice-before-arrest safeguard. Where arrest is not required in a cognizable offence, the police officer must issue a notice directing the person to appear before him or at a specified place. If the person complies and continues to comply with the notice, he should...
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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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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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Rule 86A ITC Blocking After the K-9 Enterprises line of cases, GST authorities cannot mechanically block Input Tax Credit under Rule 86A of the CGST Rules. Rule 86A is a drastic preventive power and must be exercised only after the proper officer forms independent “reasons to believe” on the basis of relevant material. Courts have...
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Disability pension for Armed Forces personnel is payable where a disability is attributable to or aggravated by military service and satisfies the applicable pensionary rules. In many cases, if no disease or disability was noted at the time of enrolment/commissioning, and the disability arose during service, courts have applied a presumption in favour of the...
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A GPA property in Malviya Nagar or South Delhi should not be treated as full ownership merely because the seller holds a General Power of Attorney, Agreement to Sell, Will, receipt or possession letter. The Supreme Court has repeatedly held that immovable property is legally transferred only through a registered conveyance/sale deed, and that GPA/Agreement...
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Introduction: A Historical Perspective of Quantum Computing With an average life expectancy of only 30 years for the majority of human existence, poverty and illness have been the norm throughout human history. But a revolutionary scientific finding three hundred years ago fundamentally altered civilization. The Industrial Revolution, which produced cars, railroads, and mechanized factories, was...
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