Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Oct 2019

Normally blacklisted cars are the ones which have issues related to documents during the transfer, or the ones converted from yellow to white, wherein the tax paid was insufficient. But If you wish to Quash a False FIR because of which your car is blacklisted: First of all approach to the concerned police station for the detailed information regarding the Fir, thereafter place a representation to them that the fir is not relevant to you and someone did false complaint against you in order to harass you. After obtaining the whole information you may quash the FIR by filing the petition in the High Court.Read More

Posted on 29 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Unless any of the employer specifically prohibits you from undergoing any other job whilst in full time employment with them which they normally do, it is perfectly legal for you to work for two employers. Let both the employer's individually deduct your Provident Fund contribution. The PF A/c Numbers will differ. Read More

Posted on 07 Dec 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Anticipatory Bail is granted after the registration of FIR but BEFORE a person is arrested by police. If a person apprehends that he might be arrested, he may apply for an Anticipatory Bail. Regular Bail is applied for by a person AFTER his arrest. Since he has already been arrested and in the custody of police, he has to apply for Bail. Interim Bail is like a temporary bail which may be granted till the time your application for Anticipatory Bail or Regular Bail is pending before a Court. Read More

Posted on 19 Feb 2017 | 3 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Blackmailing amounts to Criminal intimidation, which is well defined in the Indian Penal Code section 503 as :- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.The offence of Criminal intimidation can be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. It can also be discribed under section 384: Punishment for Extortion- Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under this provision the punishment is of 3 years and this offence is a NON BAILABLE offence and triable in any Magistrate.  Read More

Posted on 18 May 2016 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 07 Aug 2019

Indians can play and win international lotteries online. Indians cannot visit the foreign country, buy a lottery ticket with their foreign currency. This method is illegal under the FEMA law. If you participate in an international lottery online and win in India, you need to pay 30% income tax on the winnings plus cess. For more information, you can consult a good FEMA lawyer in India.Read More

Posted on 05 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Cross offers:  These are the offers that party make to each other in ignorance of each others offer. Cross offers are identical. In the case of cross offers, no binding contract will be created and the offer could not be said to have been accepted by any of the party. Ex:  A writes a letter to B offering him his bike for Rs 100. At the same time B writes a letter to making a similar offer to buy his bike for Rs 100. Offers of both A and B cross each other. Such offers do not constitute to acceptance of one's offer by the other. Counter Offer: On the other hand, in counter offer there is a rejection of the original offer and a new offer is made that needs acceptance by the original promisor before a contract can be made. Ex:  X offers Y his bike for Rs 100. Y rejects the offer and offers A to buy his bike for Rs 80. Such an offer is known as the counter offer.Read More

Posted on 31 Jan 2017 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 07 Jan 2020

Section 139(2) of the Companies Act, 2013 (the Act) has mandated all listed companies and certain categories of unlisted public companies and private companies to mandatorily rotate their auditors (whether such auditor is an individual or a firm) once their auditor has served office as an auditor for a period of 10 or more consecutive years (Rotation Period). In this regard, the third Proviso to Section 139(2) of the Act has provided a moratorium period, wherein companies incorporated prior to 1 April 2014, have been provided a time period of 3 years from such date to comply with the requirement to rotate their auditors. Therefore, beginning 1 April 2017, all companies who are required to rotate their auditors under the Act will have to rotate their existing auditors (Current Firm), if the Current Firm has held office as such company’s auditor for a period of 10 years or more.Read More

Posted on 06 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Section 27 in The Narcotic Drugs and Psychotropic Substances Act, 1985 lays down the punishment for consumption of any narcotic drug or psychotropic substance: Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,— where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and where the narcotic drug or psychotropic substance consumed is other than those specified in or under cluase (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.] No, the offences falling under Section 27 of the NDPS Act is a non-bailable offence. To appear in court, you can hire a lawyer, who can prepare a good defence for you. Read More

Posted on 01 Jun 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

First Information Report ( FIR ) recorded by police regarding cognizable offence is referred to as FIR while the other reports recorded in daily diary register are referred as DDR. Read More

Posted on 21 Dec 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 02 Feb 2019

The primary action to take for recovering your unpaid salary or any other dues from your employer is to send a legal notice to them, stating your grievance and asking them to take effective remedial action. The non-payment of salary recovery notice must be drafted by a good employment lawyer who can include all the relevant information and mention it specifically that you are planning to take legal action in case of no response from the employer. You can proceed to file a complaint against your employer company for not giving salary in Labour Court with the help of an employment lawyer in India. A complaint before the labour court can be filed as per Section 33(C) of the Industrial Disputes Act, 1947 within 1 year from the date on which the salary was due to be paid. You can also file a civil suit for recovery of your debts under Order 37 of CPC against your employer as a summary suit. A summary suit is another effective way for individuals employed on managerial or above executive level to file against the employer for not paying salary. You can proceed to file a summary suit against the employer for not paying salary on time through a good employment attorney who will file the suit before the court which has appropriate jurisdiction to deal with your matter.  READ: What To Do If Your Employer Is Not Paying Your SalaryRead More

Posted on 01 Feb 2019 | 1 Answer