Advocate Ali

30/07/2025

https://youtu.be/wYsRh6fOb7o

30/07/2025

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Section 138 of the Negotiable Instruments Act
A cheque bounce is considered an offense if:
The cheque is issued for repayment of a legally enforceable debt or liability.
It is presented within its validity (3 months from the date of issue).
It is dishonored due to insufficient funds or other specified reasons.
The payee must issue a written notice to the drawer within 30 days of receiving the bank's dishonor memo.

Notice Period:
The drawer is given 15 days from the date of receiving the notice to make the payment.

Filing a Complaint:
If the payment is not made within 15 days, the payee can file a complaint in court within 30 days.
Penalties

Imprisonment:
Up to 2 years or
Fine: Up to twice the cheque amount or both.
Civil Remedies: Apart from criminal prosecution, the payee can file a civil suit for recovery of the cheque amount along with interest.
Prevention Tips
Ensure sufficient funds in your account before issuing a cheque.
Avoid overwriting or mistakes on the cheque.
Use consistent and correct signatures.
Monitor post-dated cheques and ensure funds are available when due.

30/07/2025

29/07/2025

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In India, the grounds for divorce are primarily governed by the personal laws of different religions and the Special Marriage Act, 1954 for interfaith marriages. Here are seven common grounds for divorce applicable under most laws, such as the Hindu Marriage Act, 1955, the Indian Divorce Act, 1869, and others:

1. Adultery
When one spouse engages in sexual relations outside the marriage. Adultery must be proven with substantial evidence under Indian laws.
2. Cruelty
Physical or mental cruelty, including acts that make it impossible for the spouse to continue living with the other.
Examples: abuse, harassment, or any behavior causing severe emotional distress.
3. Desertion
If one spouse abandons the other without reasonable cause for a continuous period (usually 2 years under most laws).
4. Mental Disorder
If one spouse suffers from an incurable mental disorder that makes it impossible to live together.
5. Conversion
If one spouse converts to another religion without the consent of the other, it can be a ground for divorce.
6. Communicable Diseases
If one spouse has a severe communicable disease, such as leprosy or a sexually transmitted disease (depending on the act governing the marriage).
7. Renunciation
If one spouse renounces the world by entering a religious order or becoming a sanyasi/sanyasini.
Additional Grounds (Specific to Certain Laws)
Irretrievable Breakdown of Marriage (applicable in specific cases and pending wider legal recognition).
Presumption of Death (if one spouse has been missing for at least 7 years).
Non-Resumption of Cohabitation after judicial separation (specific to some laws).

29/07/2025

Be cautions Be responsible !!

29/07/2025

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1. Joint Ownership
Both names on the title deed: Both the husband and wife can be registered as joint owners of the property. This means both will have an equal right to the property.
Types of joint ownership:
Joint tenancy: Both owners have equal rights over the property, and in case of the death of one owner, the surviving spouse automatically inherits the deceased's share.
Tenancy in common: The ownership is divided into specific shares (e.g., 60% for one and 40% for the other). In this case, the share of a deceased owner does not automatically pass to the surviving spouse, but rather is inherited according to their will or law.
2. Registration Process
The process to register a property jointly in the names of husband and wife includes the following steps:

Sale Agreement: Before registration, a sale agreement is executed between the seller and the buyer (husband and wife in this case). The sale agreement will mention both names as the buyers.

Payment of Stamp Duty: Stamp duty is payable on the sale price or the market value of the property (whichever is higher). The stamp duty varies depending on the state in which the property is located. For joint ownership, stamp duty is typically shared equally by the husband and wife.

Registration at the Sub-Registrar Office: The documents related to the property (such as the sale deed) must be submitted to the Sub-Registrar's office for registration. Both the husband and wife should be present during the registration process. Both parties need to sign the document in the presence of witnesses. The Sub-Registrar will then verify the documents and register the property.

Documents Required: The following documents are generally needed for joint property registration:

Sale deed or agreement of sale
Proof of identity and address (Aadhar card, passport, voter ID, etc.)
Passport-size photographs
PAN cards of both parties
Property tax receipts and other related documents
Marriage certificate (in some cases)

28/07/2025

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28/07/2025

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A willful defaulter in India refers to an entity or individual who has the capacity to repay loans but deliberately avoids doing so. The Reserve Bank of India (RBI) defines willful default and lays down guidelines for banks and financial institutions to identify and manage such cases.

Non-repayment of loans despite ability: The borrower has the capacity to repay but chooses not to do so.
Diversion of funds: Funds borrowed for specific purposes are diverted to other activities or projects.
Siphoning of funds: Funds borrowed are used for purposes that are not related to the stated objectives of the loan and the funds are no longer available.

Disposal of secured assets: The borrower disposes of assets provided as security without the knowledge or consent of the lender.
Consequences for Willful Defaulters
Restriction on borrowing: Such individuals or entities are prohibited from accessing further loans from banks and financial institutions.
Legal action: Banks can initiate recovery proceedings under various laws, such as the SARFAESI Act or Insolvency and Bankruptcy Code (IBC).
Criminal prosecution: Cases may be referred to law enforcement agencies for fraud or financial misconduct.
Blacklisting: Directors of companies declared willful defaulters may face restrictions on serving on the boards of other companies.
Name disclosure: Their names may be published publicly to discourage others.
Identifying Willful Defaulters
Banks and financial institutions identify willful defaulters based on internal audits and after providing the borrower an opportunity to present their case. Such cases are typically referred to a committee, and if confirmed, the defaulter is declared a willful defaulter.

High-Profile Willful Defaulters in India
India has seen several high-profile cases involving large sums of unpaid loans. Some notable cases include:

Vijay Mallya: Former chairman of Kingfisher Airlines, accused of defaulting on over ₹9,000 crore in loans.

28/07/2025

Today at the Supreme Court of India 🇮🇳 .

28/07/2025

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28/07/2025

Naa vichaarana Episode -06 on youtube .

27/07/2025

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Loan recovery agents' harassment in India is a serious issue, often resulting from aggressive collection tactics by lenders or their agents. However, the Reserve Bank of India (RBI) and Indian laws have clear guidelines to protect borrowers from such practices. Here’s what you need to know:

Legal Protections Against Harassment:
RBI Guidelines for Recovery Agents:

Recovery agents must act ethically and respect borrower privacy.
Agents cannot harass, intimidate, or threaten borrowers.
Calls must only be made between 8 a.m. and 7 p.m.
The agent's identity must be disclosed, and they must have authorization from the lending institution.

Indian Penal Code (IPC) Provisions:
Section 503: Criminal intimidation.
Section 506: Punishment for criminal intimidation.
Section 509: Insulting the modesty of a woman (if applicable).

Consumer Protection Act, 2019:
Harassment by recovery agents can be considered an unfair trade practice.
Borrowers can file a complaint in the consumer forum.

Debt Recovery Tribunal (DRT):
Borrowers can seek relief if harassed by lenders or their agents.
Steps to Handle Harassment:
Document Incidents:

Record all calls or interactions with recovery agents.
Keep a log of dates, times, and the nature of harassment.
File a Complaint with the Bank:

Report the harassment to the bank or financial institution’s grievance cell.
If unresolved, escalate the matter to the Banking Ombudsman.
Lodge a Police Complaint:

File a complaint under relevant IPC sections if the harassment is severe.
Approach the Courts:

File a case in a consumer forum for unfair practices.
Approach the DRT for relief under the SARFAESI Act if applicable.
Preventive Measures:
Negotiate with Lenders: If repayment is difficult, discuss restructuring or a settlement.
Know Your Rights: Familiarize yourself with the RBI guidelines and relevant legal provisions.
Seek Legal Help: Consult a lawyer if harassment continues.