Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

 Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the Chairman of Drafting Committee. Read More

Posted on 28 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

‘Stay order’ is an act of temporarily stopping judicial proceedings through the order of the court. A stay is a suspension of a case. Courts usually grant a stay in a case where it is necessary to secure the rights of one party. Proceedings can also be stayed absolutely or conditionally. Every court has inherent powers to temporarily suspend the proceedings in any action where the plaintiff is in default or has disobeyed any lawful order of the court. For details and a step by step procedure, you must hire the best Property Lawyers in India. Order 39 of CPC deals with the stay orders: The court may order and grant a temporary injunction to restraint any such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in suit. The stay order from the property can be removed by explaining your case to the best Property Lawyers in India and having them file a petition for the cancellation of the order explaining all the grounds. If the court finds enough merits in your application then the stay order will be cancelled and then you can even claim your share in the property, as is rightly deserved by you. You mentioned you have all the papers necessary to prove that your father was the actual owner of the concerned property then it should not really be an issue to get the stay order cancelled and also to get your rights regarding the property. For details and a step by step procedure, you must hire the best Property Lawyers in India. Read More

Posted on 09 Jul 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

An Act is a bill passed by the Government through various legislative steps necessary for the same which finally becomes the law. Hence, an Act is the representation of the law laid down by the Government. In India, the legislative steps that need to be undertaken for an Act to become law are that it has to be passed by the Lok Sabha and the Rajya Sabha and finally get the assent of the President. Article refers to the different separate and written instruments which may be within a constitution, statute or contract which is further divided under sections. Sections refer to the subdivisions in a statute, textbook or legal code.    Hence, the basic difference between the three is that an Act is a text which is further divided into articles which are categorized by sections. If you are in need of any legal help, contact us at 011-331-38-123  or visit our website to talk to expert lawyers to resolve your legal issues Read More

Posted on 24 Aug 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Feb 2019

You can file a complaint with the Armed Forced Tribunal regarding your issue against the officers in question. You can consult top AFT lawyers in India to file your complaint who will suggest you the correct recourse and draft and file your complaint with the AFT tribunal. You will need a good armed forces Lawyer if you are in Indian Army and have an appeal arising out of orders, findings or sentences of a court-martial held under the Armed Forces Tribunal (Procedure) rules, 2008 and for related matters.Read More

Posted on 04 Feb 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The Police has acted wrongly no doubt about it and the army official should file a formal complaint against the police officials who had assaulted him physically too. The FIR against him should be take up along with a fresh FIR lodged by him against the Police officials involved in the public nuisance. As far the Army Commanding Officer is concerned he must be aware of the incident and he can order suspension of army officer and conduct departmental inquiry against him, similar suspension of police officers and department inquiry against them should be initiated. The Police department not conducting the same should be forced to do so by approaching higher officer and even seeking information through RTI about the action against the earring police officials at the time of incidence. The court in such case will try for amicable settlement of issue between both sides as both parties are officers of departments of government on the security duty and this should be worked out by the counsels of both parties. Read More

Posted on 15 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In a Unitary Constitution, all the powers of a Government are concentrated in a central authority. The States or the different constituents of the Country are subordinate to such central authority. However, in Federal Constitution, powers are distributed among the center and the States. States are not subordinates of the central government. Constitution of USA, Australia are considered to be federal in nature. Read More

Posted on 16 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The constitution has made the following provisions to ensure independence of judiciary. 1.    Security of Tenure: - The judges of the Supreme Court have security of tenure and they cannot remove from office except by an order of the President by adopting the set procedure laid down in the constitution. 2.    Salary of Judges fixed not subject to vote of Legislature: - The salary and allowances of the judges of the Supreme Court are fixed by the constitution and being paid from Consolidated Fund of India. Salary cannot be altered. 3.    Parliament can extend but cannot curtain the jurisdiction and power of the Supreme Court:- To work more effectively the Parliament may enhance the jurisdiction of the Supreme Court in civil cases, here the point to be noted that in all the provisions the Parliament an exceed, but cannot curtail the jurisdiction and power of the Supreme Court under article 138. 4.    No discussion in Legislature on the conduct of Judges:- Neither in Parliament not in a State Legislature a discussion can take place with respect to the conduct of a judge of the Supreme Court in discharge of his duties under article121. 5.    Power to punish for its contempt:- The supreme Court and the High Court have the power to punish any person for its contempt under article 129 and 215, this power is very essential for maintaining the impartiality and independence of the Judiciary. 6.    Separation of judiciary from executive:- States have been directed by the constitution through article 50 to take steps to separate the judiciary from the executive in the interest of public service of the State. 7.    Judges of the Supreme Court are appointed by the Executive with the consultation of Legal experts:-Executive cannot appoint the Judges without the consultation of the Judges of the Supreme Court as provided in Art. 124(2). 8.    Prohibition on practice after retirement:- Under article 124(7) of the constitution a retired Judge of the supreme Court is prohibited to appear and plead in any court or before any authority within the territory of India.Read More

Posted on 16 Mar 2017 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 31 Mar 2020

In a landmark judgment, the Supreme Court has said that crime committed by a juvenile can't be a ground to deny him a government job. The bench passed the order while rejecting the centre's stand that such persons cannot be given government jobs because of their criminal past.Read More

Posted on 30 Mar 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes the simplest way of knowing that whether someone filed a case against you is that You will receive Notice for sure. This notice will be served personally. A formal document will then give you a fixed time to file papers resisting the claim. The pattern is always the same, but the details of formality may differ from country to country, from state to state, and will depend on the type of litigation. Read More

Posted on 15 Jul 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

If your wife does not want to get a divorce, you can consult a divorce lawyer near you and file a petition for contested divorce. A contested divorce can be filed on any of the common grounds for divorce like cruelty, domestic violence, adultery, mental disorder, desertion, etc. A contested divorce is one where one party seeks to obtain a divorce and the other does not. The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce. An application for tracking your Whatsapp messages may not be entertained by the cyber cell as it is considered as a breach of privacy, which has been considered as a fundamental right under the Indian Constitution. However, it is advisable that you consult a good divorce lawyer to know the legal and factual position in regards to the allegation of extra-marital affair. As a man or husband in the marriage, you have certain legal rights which include defending yourself. Thus, it is imperative to consult a good divorce attorney to deal with your case and understand the legal implications of a contested divorce in India. Read More

Posted on 05 Mar 2018 | 1 Answer