Kanoonirai: Blog on the Indian law & legal system
Presumption of debt under the negotiable instrument act
A negotiable instrument is a document that promises payment to a specified person or the assignee. The most common types of negotiable instruments are cheques, promissory notes and bills of exchange. Negotiable instruments are widely used in trade and commerce as a...
My friend has cheated me by presenting a cheque which I given to him for another purpose
Question: My friend has cheated me by presenting a cheque which I given to him for another purpose but he used it to initiate a false legal proceedings against me. He is a property or real estate broker and having good business in our locality. We are also doing a...
Resolving legal issues in resident societies: a guide for members of Gujarat society facing unlawful bylaws and jurisdictional challenges
Question: Resolving legal issues in resident societies: a guide for members of gujarat society facing unlawful bylaws and jurisdictional challenges. We are members of a resident society situated in Gujarat. There was a fight between the two sections of members over...
Society has been charging me additional parking in my maintenance bills
Question: Society has been charging me additional parking in my maintenance bills. I'm sorry to hear that. Could you please provide me with more details about your situation? Here are a few questions that might help me better understand your issue: Are you a tenant or...
Unregistered and Insufficiently Stamped Agreement of Sale: Can Court Grant Temporary Injunction?
An agreement of sale is a contract between two parties, where one party agrees to sell a property to another party for a specified price and terms. Such an agreement is usually executed on a stamp paper of appropriate value, and registered with the sub-registrar of...
How to get your call details and WhatsApp information
If you want to know your call details and WhatsApp information, you might be wondering how to do it easily and legally. There are many reasons why you might need this information, such as checking your phone bill, tracking your usage, finding out who called you or who...
Can I file a case against my friend for deceitfully taking a loan on my name?
Question: Can I file a case against my friend for deceitfully taking a loan on my name? Sir, my friend bought a car in my name and also took a loan in my name. He is unable to pay the EMI and is not returning the car. I need suggestions on how to get the car back. He...
Can the collector acquire our land and construct a road on it without our permission?
Question: Can the collector acquire our land and construct a road on it without our permission? Land acquisition is a process by which the government acquires private land for public purposes such as development, infrastructure, or urbanization. The government has to...
I want to take legal action against the man who has cheated me and now threatening to kill me
Question: I met a guy online, and after some time, we entered a relationship on the condition that he would marry me after 4 months. We decided to live together, and he promised me that he would marry me as soon as we started living together. So, I went to his state...
Can I file a case for cheating for concealing the fact of living relationship
Question: Can I file a case for cheating for concealing the fact of living relationship? I was in a relationship for 9 years and finally, my family agreed to the marriage, and we planned to get married this December. One week before the wedding, I found out that he...
How to proceed against the person who had falsely complained against me?
Question: How to proceed against the person who had falsely complained against me? I got an acquittal order on 13/02/2023. After how many days I can file a private case against those who falsely complained and gave false evidence against me . Under Section 378 of the...
Uncle has illegally sold the defence bungalow to a civilian
Question: I live in an Old Grant Bungalow. We have a property dispute wherein our house which was willed to an uncle was sold by him to a civilian. From what I can tell, such a sale should be illegal as old grant properties cannot be sold. Our lawyers are not informed...
Tenants have sold the rental premises: what to do with?
Question: My father had given some properties, including shops, houses and open lands on (registered) perpetual lease in XXXX. A nominal yearly rent was reserved in the documents. Till 2000, most of them had been paying rents to us (through POA) against...
Transferring Unlisted Private Company Shares as a Gift: Stamp Duty, Processing Time, and Selling Restrictions
Question: My father is planning to gift me some unlisted private company shares. We will register a gift deed and pay a stamp duty of 0.25% per Rs.100 of net worth. After that, we will submit the gift deed, share certificate, and share transfer form to the company. I...
My sister-in-law physically harassed my mother. How can I save her?
Question: My sister-in-law physically harassed my mother. How can I save her? Asked from: Jharkhand You should immediately report the physical harassment to the police station. After that, you can file a civil suit under the Maintenance and Welfare of Parents and...
Proof of possession if order under section 145 crpc passed in favour of defendant
Question: A civil court passed a decree in an application filed by the defendant under Order 7 Rule 11(d) on the ground of limitation. An appeal is currently pending against this decree in the district court, but there is no stay order in effect. Subsequently, the SDM...
Deceased’s family members want to lodge a false FIR, how can I get my car released?
Question: I am a differently abled driver who drives a modified automatic car RTO, ARAI and International approved fitment meant of differently abled drivers having a valid driving licence for the differently abled driver, Personal health Fitness certificate...
Essential ingredients of a gift deed
Question: My aunt, who is my dad's brother's wife, wants to gift me a sum of money for my marriage, and we want to register this gift deed. What clauses can we add to the gift deed to ensure the following? The gift deed is not signed under any undue influence,...