LBS Consulting GROUP

18/02/2023

It was on 13-5-2022 that a 2-Judge Bench of the Supreme Court seemed to have finally settled by way of its judgment passed in Ibrat Faizan

27/10/2022

Hello Colleague. It gives us immense pleasure to share with you a piece of writing ( By Bonny Mehra, Advocate on Record) published by SCC Online which deals with uncertainty over jurisdiction of High Courts in dealing with challenge against the orders of National Consumer Disputes Redressal Commission. Please feel free to share your feedback as well.
Link: https://bit.ly/3D3qHwn

It was on 13-5-2022 that a 2-Judge Bench of the Supreme Court seemed to have finally settled by way of its judgment passed in Ibrat Faizan

08/03/2022

#08.03.2022
If unfortunately you have lost someone closer to you and are looking forward to transferring the amount lying in account viz. Bank Account/Pension Fund/Equity Shares/Debentures/Bonds lying in the name of deceased to your or anybody’s name then you would have surely come across the term ‘Succession Certificate’ which is sought as a requisition by the concerned bank/company to initiate the process of such transfer. But owing to the fact that Issuance of Succession Certificate also requires payment of Court Fee @ 2.5% of the value of security/debt as well as furnishing of surety bond before the concerned court apart from consuming a time period ranging anywhere from 3 months to 12 months all of which may together culminate it into a cumbersome process, hence before proceeding to apply for such a certificate remember that:
1. As per RBI Notification No. RBI/2004-05/490 DBOD. No. Leg. BC.95 /09.07.005/2004-05 dated 09.06.2005 all banks are allowed to fix a minimum threshold amount lying in the deceased’s account against which Succession Certificate need not be mandatorily obtained in order to establish claim over the amount belonging to Deceased. Hence, it is not in every case where Succession Certificate needs to be obtained. In order to know the threshold beyond which succession certificate is necessary to be produced, concerned bank should be contacted. However, generally this threshold ranges somewhere between Rs 1-2 Lacs subject to actual norms adopted by the concerned bank.
2. As per SEBI Circular No. SEBI/HO/MIRSD3/CIR/P/2016/0000000085 dated 15.09.2016 it is only in case where value of securities exceeds Rs 2 Lacs that a Succession Certificate is necessary to be produced. In other cases shares can be transferred by submitting necessary forms as requisitioned by the concerned company whose stocks were lying with the deceased.
3. It is not in every case of Succession Certificate where court is bound to seek furnishing of security from the petitioner before issuing such a certificate, but it is only those cases where there is a dispute qua the credibility of claimant where court can exercise its discretion of whether to ask or not to ask for furnishing of surety as a condition precedent to issuance of certificate [Arvind Nanda Vs. State] CM(M) No. 265/2020, Delhi High Court
4. Succession Certificate(which is issued under Indian Succession Act, 1925 by the court of competent jurisdiction) is different from Surviving Members Certificate which is issued by the concerned Sub-Divisional Magistrate.

Regards
Legal Team
LBS Consulting Group

28/06/2021

#28.06.2021
F.I.R or rather First Information Report. As of late we all must have observed that there has been a lot of boasting or hue and cry when it comes to States & Districts with least or maximum number of registration of FIRs respectively. So, what is so notorious about registration of FIR for Police machinery or executive organ of a State that makes it a subject matter of debate? Let's have a look...
First Information Report is considered to be a pre-requisite for the kicking off of the investigation. Hence, unless there is an FIR there can be no investigation even though Preliminary Inquiry (which is of very restricted nature and not a substitute to Investigation) is not barred in absence of FIR.
The term 'First Information Report' has not been defined anywhere in the Criminal Procedure Code but has been used just once in Clause (ii) of Section 207 of the said Code as 'First Information Report recorded under Section 154'. Now let's read Section 154. Clause (1) of Section 154 casts a duty on the Officer in Charge of a Police Station to mandatorily enter the substance of information given to him regarding commission of a Cognizable Offence in a book kept for the said purpose. Clause (2) of the said Section also provides for providing of a copy of the said information forthwith to the informant free of cost. Clause (3) provides that in a case where Officer in Charge of Police Station refuses to register the report regarding commission of Cognizable Offence then it is open to Informant to send the substance of the information to the concerned Superintendent of Police who may upon satisfaction commence by himself or direct for commencement of investigation. Section 156 empowers a Police Officer to commence investigation in case of Cognizable Offence even without order of Magistrate. Section 157 casts a duty on Officer in Charge of Police Station to forthwith send a Report to the Magistrate regarding commission of a Cognizable Offence if he has reasons to suspect such commission. Hence it is the conjoint reading of Section 154 and Section 157 which casts a duty on Officer in Charge of a Police Station not only to register a Report upon commission(or upon suspicion of such commission) of a Cognizable Offence but also to send report in regard thereto to the concerned Magistrate also and thereby the First Information Report comes to the knowledge of the Magistrate. It is this official registration of existence of a Cognizable Offence and it's subsequent mandatory communication to the concerned Magistrate that performs the role of Checks and Balance over the power of Police in the matters of Cognizable Offence and its investigation. Term 'Cognizable Offence/case' has been defined in Section 2(c) as an offence/case where Police has power to arrest without warrant or in other words these are cases which are of comparatively more serious nature and impact society more seriously in comparison to Non Cognizable cases where Police can neither arrest without a warrant of Court nor initiate investigation unless ordered by the Court. In fact necessity of mandatory registration of FIR, the moment Police has reasons to believe that an offence has been committed(whether it has been commited in reality or not) has been reiterated by Supreme Court in its Constitution Bench decision of Lalita Kumari Vs. Govt. of Uttar Pradesh & Ors. [(2014) 2 SCC 1]. This landmark judgment also called for initiation of action against the erring police officials who despite disclosure of information regarding commission of Cognizable Offence do not register an FIR ..

23/04/2021

# 23.04.2021
Are you a Hindu who has inherited by succession his ancestral property which forms part of a Hindu Undivided Family (HUF hereinafter)?
If Yes,
Are you aware that after introduction of Hindu Succession Act, 1956 if a person inherits an HUF property after the year 1956, in such a case inheritance is not necessarily of an HUF property(unique feature of an HUF property being that right over property being effective for upto three degrees/generation of descendants from the moment of their birth ) but rather it may be of a self acquired property( unique feature of inheritance of self acquired property being that right is effective only for heir of deceased mentioned under Section 8[in case of male] or Section 15[in case of female] of Hindu Succession Act 1956 that too only upon death of deceased)?

If No, then don't worry, Hon'ble Supreme Court of India has long back cleared the air over continuity and existence of HUF character of a property post the year 1956 in Yudhister Versus Ashok Kumar [(1987)1 SCC 204] which has also been reiterated by the Hon'ble High Court of Delhi in Sunny (Minor)Versus Raj Singh & Ors [225 (2015) DLT 211]...

Regards
Legal Team
LBS Consulting Group

14/04/2021

# 14.04.2021
Are you a Hindu male envisaging ex*****on of a Testamentary instrument (Will) keeping in mind uncertainty and contingencies surrounding your life?
If Yes,
Are you considering incorporation of certain clause in the said will which may result into conferring a limited title upon your wife (who is also a Hindu)over the estate that you intend to bequeath upon your surviving wife after your death?
If Yes, then please be informed that Section 14(1), Hindu Succession Act forbids imposition of any sort of restriction over the property that falls into the hands of Hindu female in lieu of maintenance and hence said provision makes sure that such property becomes an absolute property of the said female which she can dispose off as per her own wish irrespective of any restriction /limitation imposed in the instrument. {Please refer to Supreme Court's decision in Jupudy Pardha Sarathy Vs Pentapati Ram Krishna & Ors[(2016)2 SCC 56]}...

Regards
Legal Team
LBS Consulting Group

10/04/2021

Hello friends. In view of circumstances transpired owing to outbreak of Covid 19 worldwide Supreme Court of India has from time to time issued certain guidelines to be followed by authorities/ institutions with regard to repayment of loan amount falling due during and post lockdown, refund of amount of Air tickets booked for the period of lockdown and post lockdown, but despite that it has been noticed that concerned authorities and institutions still in flagrant violation of these guidelines are compelling and misguiding their customers to accept their arbitrary terms which ultimately culminates into unending harassment. Hence, feel free to contact us in case you or anybody around you happens to be a victim of these malpractices. Our legal team consisted of well qualified Advocates will take care of the rest.

Regards
LBS Consulting Group

09/04/2021

#09.04.2021
Have you suffered loss owing to dishonour of cheque handed over to you in lieu of services rendered or goods sold by you?
If Yes,
Have you filed the criminal complaint before competent court under Negotiable Instruments Act (which entails imprisonement of upto two years or fine/compensation being twice the amount of cheque drawn) within limitation period prescribed by the Act(that is maximum of 75/76/77, days as the case may be from the date of intimation of dishonour by the bank to the drawer) and if filed after the aforesaid period, has the delay been condoned by the court concerned?
If No, then don't worry as you still have the remedy of recovering damages(which is in addition to the remedy provided by Negotiable Instruments Act even if proceedings under the said Act are pending) from the drawer of the cheque in question by way of filing a summary civil suit which is to be filed within a period of three years from the date of arising of cause of action.

Regards
Legal Team
LBS Consulting Group

03/04/2021

#03.04.2021
Is your matrimonial life governed by Hindu Laws and it has suffered an irretrievable breakdown from which there is no going back and both you as well as your spouse are willing to move on?
If Yes,
Did you know that as per Sec 13B of Hindu Marriage Act, 1955 after jointly moving petition/First Motion[in view of Clause (1)] for Divorce by Mutual Consent before the court concerned, petitioners are also supposed to jointly move a Second Petition/Second Motion[in view of Clause (2)] after a gap of at least 6 months (and at most 18 months) in order to procure a declaration of Dissolution of Marriage from the court concerned and said period can also be waived off by courts in exceptional situations ?
If No, then don't worry, Hon'ble Supreme Court of India has laid down conditions in respect of waiver of the said period of six months vide it's judgment dated 12.09.2017 passed in Amardeep Singh Vs. Harveen Kaur , Civil Appeal No. 11158/2017[(2017) 8 SCC 746]...

Regards
Legal team
LBS Consulting Group

25/03/2021

#25.03.2021

Is your matrimonial life governed by Hindu Laws and it has suffered an irretrievable breakdown from which there is no going back and both you as well as your spouse are willing to move on?
If Yes,
Did you know that as per Sec 13B(1) of Hindu Marriage Act, 1955 one of the essential ingredients for obtaining Divorce by Mutual Consent is that 'Both the spouses have been living separately for a period of one year or more' and said period can also be waived off by courts in exceptional situations ?
If No, then don't worry, Hon' ble High Court of Delhi has laid down conditions in respect of waiver of the said period of one year vide it's judgment dated 01.03.2013 passed in Sankalp Singh Vs. Prarthna Chandra, FAO No. 312/2012...

Regards
Legal team
LBS Consulting Group