Court Fees under Section 138 of Negotiable Instrument Act, 1881

Court Fees or Stamp Duty that is to be paid whiling filing the case under Section 138 of Negotiable Instruments Act, 1881 and subjected to quantum of amount that is due. Kindly refer the following Court Fees under said Act –

For Cheque Amount                                                               Court Fees

1 INR 0/- to 50,000/-                                                             INR 200/-

2 INR 50,000/- to 2,00,000/-                                             INR 500/-

3 INR 2,00,000/- AND ABOVE                                            INR 1000/-

 

Know Your Rights: Not Every Traffic Police Can Fine You and Its Illegal to Take Out Keys under The Indian Motor Vehicle Act, 1932

If a traffic constable has stopped your vehicle and ordering you to show papers then let me tell you, you may deny doing so. Not only that, you can complaint to his senior authorities as well. According to the traffic law , Traffic officers of and above the rank of assistant sub-inspector are authorised to give away traffic violation challan or notices, which are for spot fines. Officers of the rank of ASI (one-star), sub-inspector (two-star), inspector (three-star) are authorised to collect spot fines. Any officer below the rank of ASI, which comprises constables and head constables, can only note down the nature of violation and vehicle number, and submit the information to the traffic enforcement automation centre.

surprised, rnt you? Today we have compiled a list of shocking traffic rules which you must follow when you witness any kinda wrong doing by a traffic police around you. Lets have a look at them below,

Traffic Fine Rules in India

Traffic constable can not arrest or seize your vehicle

Yes, you read it right. Traffic constable can not arrest or seize your vehicle, he can not even ask for your pollution papers as its RTO’s job. He is not supposed to take out keys from your vehicle too.

The Indian Motor Vehicle Act, 1932

Traffic officers of and above the rank of assistant sub-inspector are authorized to give away traffic violation challans or notices, which are for spot fines. Officers of the rank of ASI (one-star), sub-inspector (two-star), inspector (three-star) are authorized to collect spot fines. Constables can only help them.

Traffic Police can never always seize your license

Traffic Police can seize your license only for jumping red lights, overloading, carrier vehicle carrying passengers, drink and drive, talking over mobile while driving and for high speed driving.

How much money can be fine by traffic police

Only ASI and SI can fine more than 100 rupees, Head constable can fine only upto 100 rupees and not more than that. As we said before constable can not fine you for any offence.

Recognize traffic police rank by their uniform color

In traffic police from constable to ASI wear white color uniform and inspector and people above him wear khaki color uniform. While imposing fine they should be in their uniform.

Original Documents which you need to have

These are the list Original Documents which you need to have while checking:

Driving licence and pollution under control certificate should be original and you may have copy of RC and insurance.

Helmet not required for Sikhs and surgery on ear

We always think that helmet is not required for Sikhs but thats wrong. Helmet is not required for Sikhs and people with surgery on ear which is also called Mestoid surgery.

On spot fine

On spot fine is done when you break any rule mentioned above and if you are not in a condition to pay challan then police will take your license.

Notice Chalan

If someone has broke the rules and ran away from police then police notes down his number and send a chalan to his place.

So these are the rules for traffic police and next time if you see them breaking rules then do complaint to senior officials.

Right to Legal Representation – The Real Estate (Regulation and Development) Act, 2016

 

The most awaited RERA Bill now becomes the separate ACT i.e. The Real Estate (Regulation & Development) Act, 2016.There are total 92 Sections in RERA Act, 2016. The most interesting point is from now Chartered Accountant, Cost & Management Accountant and Company Secretary also have right to present the case before Appellate Tribunal or the Regulatory Authority or the Adjudicating Officer, as the case may be. Any Individual also have right to present his case before the said Tribunal.

Section 56 – Right to Legal Representation – The applicant or appellant may either appear in person or authorise one or more  Chartered Accountants or Company Secretaries or Cost Accountants or Legal Practitioners (Advocate) or any of its officers to present his or its case before the Appellate Tribunal or the Regulatory Authority or the adjudicating officer, as the case may be.

Kindly noted that as per Section 53(4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examinations of witnesses or documents;

(e) reviewing its decisions;

(f) dismissing an application for default or directing it ex parte; and

(g) any other matter which may be prescribed.

Section 53(3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872.

Section 53 (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

 

 

 

 

 

 

 

 

2015 in review

The WordPress.com stats helper monkeys prepared a 2015 annual report for this blog.

Here’s an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 11,000 times in 2015. If it were a concert at Sydney Opera House, it would take about 4 sold-out performances for that many people to see it.

Click here to see the complete report.

Real Estate (Regulation & Development) Bill, 2015

The Union Cabinet has approved the Real Estate (Regulation & Development) Bill, 2015. The Bill will now be taken up for consideration and passing by the Parliament. In a statement the government said the Bill will provide uniform regulatory environment to ensure speedy adjudication of disputes and orderly growth of the real estate sector. “It will boost domestic and foreign investment in the real estate sector and help achieve the objective of Government of India to provide ‘Housing for All’ by enhanced private participation.” The Bill, the government says, aims at restoring the confidence of consumers in the sector by institutionalizing transparency and accountability in real estate and housing transactions which will further enable the sector to access capital and financial markets.

The salient features of the Bill are as under:

  1. Applicable both for commercial and residential real estate projects.
  2. Establishment of ‘Real Estate Regulatory Authority’ in States/UTs to regulate real estate transactions.
  3. Registration of Real Estate Projects (projects on at least 500 sq metres of area or with eight flats will have to be registered with the proposed regulatory authority) and real estate agents with the Authority.
  4. Mandatory disclosure of all registered projects, including details of the promoter, project, layout plan, land status, approvals, agreements along with details of real estate agents, contractors, architect, structural engineer etc.
  5. Deposit of specified amount in a separate bank account to cover the construction cost of the project for timely completion of the project. (deposit at least 70% of the sale proceeds, including land cost, in an escrow account to meet construction cost)
  6. Builders will be liable for structural defects for Five years.
  7. Formation of Residents Association is compulsory within 3 months of the allotment of a majority of units in a project.
  8. Establishment of Fast Track Dispute Resolution Mechanisms for settlement of disputes through Adjudicating Officers and Appellate Tribunal.
  9. Civil Courts Jurisdiction Prohibited from taking up matters defined in Bill, however, Consumer Court at District Level allowed to hear Real Estate Matters.
  10. Promoters barred from changing plans and design without consent of consumers.
  11. Provision of Appropriate Government to make rules for the matters specified in the Bill, and the Regulatory Authority to make necessary regulations.

Legal Documents to be checked before buying Flat of Resale

Source: Legal Documents to be checked before buying Flat of Resale

Legal Documents to be checked before buying Flat of Resale

As we know there are number of Property Brokers who deals in property. Resale flat means flat is being sold by the original buyer of the said flat. In short Flat which is purchased by a First buyer from Builder who sold it to other person its called Resale of Flat.

Now we discuss about the Legal procedure and documentation which is to be checked before buying such flats. Following are the documents which is essential and need to be checked before buying such resale flats:

  1. The property card or title documents of the Land.
  2. The title deed i.e. previous Deed of Conveyance.
  3. The tax paid receipts till date.
  4. The Master Plan of the property or the blue print/sturcture
  5. The society membership documents or Share Certificate.
  6. Previous loan related documents or statement
  7. Commencement letter issued to the builder
  8. Completion certificate issued to the builder
  9. Occupation Certificate
  10. Possession receipt
  11. Electricity bills
  12. Maintenance of the Society paid till date
Normally Title Investigation is most effective tool for getting exact marketable title of the property. Therefore, before buying any property purchaser must go for Title Investigation of Property for getting all information related with property. The said Title Investigation Report Prepared and Issued by an Advocate.
Registration of Deed of Conveyance/Agreement for sale of Flat is essential under Section 17 of The Registration Act, 1908. Therefore check whether the Deed is registered or not.
In short Resale Flat must hold Clear and Market able title without any dispute and litigation. Its responsibility of the seller to sell the resale flat with the above qualities. But as we know the Principle of Cavet Emptor which state that “Let the Buyer Beware”  on that basis buyer must aware about all given facts before buying any resale flat.