Team Legistify | Legistify

Team Legistify
Answered on 02 Feb 2019

The different consumer forums in India, as well as the Supreme court, have held that the provisions of CPC and CrPC have limited applicability over consumer cases filed with consumer courts.  With regards to Supreme Court judgments, the judgments are applicable over all the lower courts and forums in India. However, you can consult a consumer court lawyer in India to know more about the applicability of such judgments over consumer cases in India. Read More

Posted on 01 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Feb 2019

Carrying liquor bottles in a train completely depends on the route that you are travelling in. For example. if you're travelling within the same state, it is not illegal. Different states have different rules and taxes for alcohol and so, it is not allowed to carry liquor purchased from one state to another state.Read More

Posted on 05 Nov 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Feb 2019

Collusion is a secret agreement between two or more parties to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair market advantage. You need to consult a good lawyer in India who can guide you regarding this matter since the court itself is involved.Read More

Posted on 25 Oct 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, you can claim pension under the Act. However, there are multiple things that your lawyer will have to prove in the tribunal. A good armed forces tribunal lawyer can easily help you get the pension as there are various judgments on the same lines as that of your case. Since your query is silent on a few facts, as to whether there was an attempt to register your name in the records, whether the first wife re-married or whether the divorce formalities were completely fulfilled, a conclusion cannot be given. However, recently the Armed Forces Tribunal of Madras region passed a judgment granting pension to the second wife, despite the fact that her name was not mentioned in records specifying the utility of pension as a means to help family members after the demise of the person.  If these facts can be proven by the armed forces tribunal lawyer, you will be eligeble to claim pension: Effort was made to change the name in the records; The first wife re-married or is leading a financially stable life or proper alimony was provided to her; The divorce proceedings happened according to law or customary practices but accepted by both; That you and your children are the sole family of the deceased. Further, the presumption always rests in your favour as you being the wife even if the same was not on records. The presumption is based on the verdict of Supreme Court, wherein it was held that "if a man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption that they have lived as husband and wife and the children born will be legitimate." Thus, you are entitled to the pension amount for the maintenance of the family. Read More

Posted on 28 Jun 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, you can lodge complaint under Section 13 B of Pension Funds Act, Companies Act 2016,  The thing about not registered under EPFO is changed now, providing firms not enrolled with EPFO can do so with just Re 1 fine under amnesty scheme. So this way company or a firm will be established under a legal body after it is registered. Read More

Posted on 20 Nov 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

 Yes, all customers who do not have accounts with the bank (known as walk-in customers) have to produce proof of identity and address while purchasing third party products from banks if the transaction is for Rs.50,000 and above. KYC exercise will not be necessary for bank’s own customers for purchasing third party products. However, instructions to make payment by debit to customers’ accounts or against cheques for remittance of funds/issue of travellers’ cheques, sale of gold/silver/platinum and the requirement of quoting PAN number for transactions of Rs.50,000 and above will be applicable to purchase of third party products from bank by its customers as also to walk-in customers. Read More

Posted on 28 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A woman has a right to abortion if: The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated The termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, or injury to the physical or mental health of any existing child of the family of the pregnant woman There is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. Or in emergency, certified by the operating practitioner as immediately necessary: to save the life of the pregnant woman or to prevent grave permanent injury to the physical or mental health of the pregnant woman. Read More

Posted on 21 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

It needs to be adverted that the word “sedition” does not turn up anywhere in the Indian Constitution and is an offence against the state as enumerated in the IPC, in which Article 19 of the Indian Constitution holds great relevance. The contemporary discernment of sedition in India encompasses all those practices, whether by word, deed, or writing, that are reckoned to disturb the tranquility of the State and lead ignorant persons to debase the government. Chapter VI of the Indian Penal Code (IPC) deals with “offences” against the State. Section 124A of the IPC defines Sedition as follows:- Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Read More

Posted on 19 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

India is one of the few countries that legally grow opium poppy and the only country which legally produces opium gum (exudate from cut peduncles). Opium poppy (Papaver somniferous) plant is the source of opium gum which contains several indispensable alkaloids such as morphine, codeine and thebaine that are used in medicines. Under the 'opium policies' the NDPS Act empowers the Central Government to permit and regulate cultivation of opium poppy for medical and scientific purposes. The Government of India notifies the tracts where opium cultivation can be licensed as well as the General Conditions for issuance of license every year. These notifications are commonly referred to as Opium Policies. Opium cultivation is permitted in the notified tracts in the states of Madhya Pradesh, Rajasthan and Uttar Pradesh This is done even by small farmers who are given licences for this and the procuct is 'bought back' by government. Each field of every cultivator is individually measured by officers of the CBN to ensure that they do not exceed the licensed area. States like Rajasthan (not all states) also have legal /licensed retailers who are permitted to sell the less potent 'poppy husk' to legally permitted users/addicts. Read More

Posted on 17 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Child Labour (Prohibition & Regulation) Act, 1986, was the culmination of efforts and ideas that emerged from the deliberations and recommendations of various committees on child labour. Significant among them are National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979), and Sanat Mehta Committee (1984). The basic objective of the Child Labour (Prohibition & Regulation) Act, 1986, is to ban employment of children below the age of 14 years in factories, mines and hazardous employments, and to regulate the working conditions of children in other employments. [For more information Click Here] Read More

Posted on 08 Feb 2017 | 1 Answer