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srisha mn

Posted 17-Aug-17 15:20 PM

I need to add a clause preventing the display of any kind of display of advertisement/hoarding which can cover the view of my shop in a mall

i am about to purchase a shop on the 1st floor in a mall which is facing the main road. so the front glass panels can be used for advertisemnet either by the association of owners(i will be a member of this association) or the owner of the entire building which can cover the front of my shop essentially making my shop invisible and the soul purpose of buying a shop facing the front is defeated. the seller has agreed to add whatever clause i want added and has assured me that the display rights are solely held by me. so i need a clause preventing the same. can someone please help regarding this? thanks in advance

Need to make the language of the clause such that you may not be prevented from affixing any advertisements yourself by the association or the owner. If you want to display the name of your shop/store, you should be able to do it. Be sure the language doesn't limit your own rights to advertise.

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Posted 07-Aug-17 21:18 PM

Nullify Muslim marriage due to not consummation owing to the wilful refusal of my wife.

We are Indian Muslims and we need a legal advice on filing for nullity of marriage or annulment of marriage. Which one will be applicable in our case. We have been married from past 4 months and marriage has not been consumated owing to the wilful refusal of my wife right from day one of our marriage. Now we both mutually want to go for nullity of marriage. Is my wife and me both agreeing that the intercourse has not happened will be enough ? What is the procedure? How many days will it take ? Is our marriage needs to be registered first or only religious marriage papers are enough(as we belong to Muslim community). Please advise?

Posted 06-Aug-17 23:22 PM

marriage has not been consumated owing to the wilful refusal of my wife

We have been married from past 4 months and marriage has not been consummated owing to the wilful refusal of my wife right from day one of our marriage. Now we both mutually want to go for nullity of marriage

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

 Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE,

you can file for annulment of marriage if marriage had not been consummated on account of impotency of wife .
Non-consummation of marriage is a ground of nullity of marriage, but it has to be proved that marriage was not consummated due to the refusal of the wife. Proving non consummation of marriage is very difficult if the wife was habituated to sexual intercourse before marriage. If both are mutualy agreed then one mustnot appear the court will get an exparty decree.
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Posted 31-Jul-17 00:08 AM

IPC 506 is cognizable or non cognizable in delhi?

If person A register police complaint against person B under IPC 506 without any legal proof in DELHI. 1. What action can police take? 2. Can police register FIR without a court order? 3. Can police arrest accuse without a warrant? 4. What is the legal procedure is suggested if false complaint is filed under IPC 506 Part 1 and 2 5. What is the conviction possibility in the case of IPC 506 Part 1 and 2?

Currently the situation is that Section 506 IPC in Delhi is a non-cognizable and Bailable offence. This means that FIR cannot be registered merely on the complaint made by person A against person B (using your example).

The difference between "cognizable" and "non-cognizable" offence is that in case of a cognizable offence, a police officer may arrest an offender without warrant and that in case of a non-cognizable offence, a police officer has no authority to arrest an offender without warrant. 

Section 506 has two parts:

1. The first part carries a punishment of 2 Years or Fine or Both and is concerned with Criminal Intimidation.

2. The second part carries a punishment of 7 Years or Fine or Both and is applicable where threat is to cause death or grievous hurt, or threaten property, etc.

Now, criminal intimidation is defined in SEction 503 of IPC. It includes:

1.Threatening a person with any injury;

(i)to his person, reputation or property; or

(ii)to the person or reputation of any one in whom that person is interested.

(2)Threatening a person with injury.

(a) to cause alarm to that person, or

(b) to cause the person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat, or

(c) to cause that person to omit to do any act which that person is legally entitled to do so as the means of avoiding the execution of such threat.

Since 2004, the offences under Section 506 IPC are non-cognizable and bailable. Before that, though, the offence was cognizable (meaning that police could arrest the accused on its own without warrant from the court) and non-bailable (meaning the accused had to apply for bail before the concerned court).

Please see the Judgment of the Delhi High Court on this subject:

http://delhicourts.nic.in/jan/3322.htm

Finally, offence under Section 506 IPC is compoundable. This means that the complainant and accused can reach a settlement whereafter the complainant can withdraw the complaint and the matter will end.

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Posted 30-Jul-17 17:11 PM

Applicable rules while buying house with father's money

I am planning to buy a house in my name. If my father makes the payment for the purchase, are there any taxes/rules applicable for the payment. Do I have to pay any gift tax etc? Thanks.

Ganesh Chandak

Posted 28-Jul-17 02:21 AM

Bajaj Finance, like many other NBFC's have their own grievance redressal systems. If your dispute is not addressed within a month, you can approach the RBI.

The alternative is to file a consumer complaint before the Consumer Forum as the act as described by you is a clear case of deficiency of service on the part of Bajaj Finance and raises a valid consumer dispute.

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GEETA GOPALAKRISHNAN

Posted 26-Jul-17 18:51 PM

Legal heir certificate vs Succession certificate

We are four married daughters and our both parents died in 2016 in Bangalore , leaving behind a flat in Coimbatore, Tamilnadu - without any WILL. Karnataka has issued a Succession Certificate whereas we are informed that a Legal Heir Certificate is a must in Tamilnadu for the Registrar to effect any transfer of Title Deed of the immovable property left by our late father . Is this correct , we may please be clarified.Geeta Gopalakrishnangeeta979@gmail.com

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