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In today's time, the Internet has made everything easy. And in the same way, the FIR has also been made easier. Now you do not need to go to the police station to do an FIR. You can do your online FIR only by sitting at home. And within 24 hours of filing the complaint, the police officer will callRead more
In today’s time, the Internet has made everything easy. And in the same way, the FIR has also been made easier. Now you do not need to go to the police station to do an FIR. You can do your online FIR only by sitting at home. And within 24 hours of filing the complaint, the police officer will call you. To make a complaint online, you also have to enter your email ID and phone number. So that the police officers have easy access to you and the Supreme Court has decided to make it mandatory to file an FIR.
An order has been given to take strict action against the police officers who did not register an FIR. And the court has also said this together. That the start of the proceedings should be completed within 1 week of the registration of the FIR. And in this, it is known that the investigation of the case and whether the matter is serious or not and the police cannot refuse to register the case that the complainant is lying or telling the truth.
You must have seen this many times or heard it many times. If a man complains about any incident, then police officers do not file his complaint. And then a big accident happens with that man. Therefore, you go to get a complaint lodged with the police and the police officer does not register your cRead more
You must have seen this many times or heard it many times. If a man complains about any incident, then police officers do not file his complaint. And then a big accident happens with that man. Therefore, you go to get a complaint lodged with the police and the police officer does not register your complaint. So you can take strict action against him, you can complain to that police officer to the senior officer. Apart from this, you can also tell the police chief or division officer about this matter. And according to the law, it is necessary to register an FIR in all the incidents.
Yes, The High Court has power and jurisdiction to entertain the plea of surrender and also bail thereafter directly without compelling the accused to first approach the court of Sessions. Recent Order of the Hon'ble Allahabad High Court passed in Criminal MISC. Bail Application No. -12994 of 2020. IRead more
Yes, The High Court has power and jurisdiction to entertain the plea
of surrender and also bail thereafter directly without
compelling the accused to first approach the court of
Recent Order of the Hon’ble Allahabad High Court passed in Criminal MISC. Bail Application No. -12994 of 2020.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vivek Prakash Mishra, learned counsel for the applicant and learned A.G.A through Video Conferencing.
This bail application has been directly filed before this court under Section 439 Cr.P.C without approaching the court below. Therefore the counsel for the applicant submits that the powers under Section 439 Cr.P.C should be exercised in this case by the High Court since the Courts at Mathura are not functioning on account of lockdown. His submission is that the powers under Section 439 Cr.P.C can be exercised by this court directly as held in paragraph 20 of the judgment of Sandeep Kumar Bafna vs. State of Maharashtra and Another, 2014(16) SCC 623, wherein Apex Court has held that the High Court has power and jurisdiction to entertain the plea of surrender and also bail thereafter directly without compelling the accused to first approach the court of Sessions. In the aforesaid judgment the Apex Court has considered the mandate of Article 21 also.
After going through the judgment of the Apex Court in the case of Sandeep Kumar Bafna (Supra) this court finds that the Bombay High Court rejected the accused’s bail application on the ground that it had no jurisdiction accept the custody of the accused, the Supreme Court directed the High Court to accept the custody and decide the bail application on merit, on the basis that no provision categorically prohibits the production of accused before either of the courts.
After considering the submission made by the counsel for the applicant, this court finds that in the present case no issue of surrender of accused is involved. Accusedapplicant is already in jail since 19.4.2020. Only question of consideration of the bail application to the accused applicant is before this court since he has not been able to approach the court of Sessions on account of the lockdown consequent to Covid-19 scare.
Extraordinary circumstances requires extraordinary remedies and therefore this court is inclined to consider the present bail application in exercise of its power under Section 439 Cr.P.C., but without making it a precedent for normal times.
It is contended by learned counsel for the applicant that applicant is Manager of Cargo Company known as M/s Om Logistics Limited. It was transporting the goods belonging to Novitas Company and it was being supplied to M/s Cargo Traders. The goods are stated to be 21600 bottles of cough syrup (Codeine), which contains some amount of banned drugs. The case of the applicant is that he was Manager of Transport Company and has nothing to do with the chemical composition of syrup being transported or legal requirements of its contents, which was concern with the manufacturer and purchaser. The applicant has approached directly before this Court since District Mathura is under Red Zone due to Covid-19. The applicant has no criminal history to their credit. The applicant is in jail since 19.4.2020.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicant, Suraj Kumar, who is involved in Case Crime No. 276 of 2020, under sections 420, 467, 468, 471 IPC r/w Section 8/21 NDPS Act, P.S. Kosi Kalan, District- Mathura, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
In this situation as you mentioned the Hindu second wife would not be eligible for family pension as long as the first wife is alive and has not remarried.
In this situation as you mentioned the Hindu second wife would not be eligible for family pension as long as the first wife is alive and has not remarried.
Here is the all procedure to register a company in India. How to Register a Company in India Are you looking for business opportunities in India? Do you want to become a successful entrepreneur? Do you want to start an innovative startup in India? If your answer to above-asked questions is aRead more
Here is the all procedure to register a company in India.
Are you looking for business opportunities in India? Do you want to become a successful entrepreneur? Do you want to start an innovative startup in India? If your answer to above-asked questions is a big yes, then you first need to learn how to register a company in India. Yes, if you want to run a business legally in India, you first need to get your business or company registered in India. If you are assuming that you can easily run a business in India even without getting it registered, you are going to be trapped by Indian laws.
Obviously, you will never and ever like to get involved in complicated legal procedures. Thus, it is better if you can learn how to get your business or company registered in India. If you want to register a company India, you first need to visit the official website of the ministry of corporate affairs in India. Since company registration is legally done by the registrar of companies for the Indian state, you should not forget grabbing adequate information about the same. Are you getting confused? If yes, then you should check out stated below complete guide on how to get your business or company registered in India.
Whether you are going to get your product-based or service-based company registered in India, you first need to know the differences between a private and public company. So, let’s check out the key differences between a private and public company in India.
⦁ If you are going to register a private company in India, you need to have at least two boards of members in your company. On the other hand, a public company can have at least seven members.
⦁ If you are running a private company, you can have a maximum 50 members on the board. On the other hand, in the case of a public company, there is no limitation on the maximum number of members.
⦁ The key difference between a private and public company is that a private company can begin its business whenever it wants. On the other hand, a public company can start its business only if it has business commencement legal certificate.
⦁ Public companies can sell their shares to common people. On the other hand, private companies aren’t allowed to sell their shares to common people.
⦁ A public company can invite anyone to buy its stocks, but a private company is prohibited to ask anyone to buy its shares.
⦁ A private business or company may have 2 directors. On the other hand, a public company should at least have 3 directors.
Are you looking for a complete guide on how to register your business in India? If yes, then you should first know the four key steps on how to get your company registered in India. These four steps for registering your business in India are stated below.
1. Acquiring DSC (Digital Signature Certificate)
2. Acquiring DIN (Director Identification Number)
3. New user registration procedure or fling an online form or eform.
4. Learn how to incorporate a business or company.
If you are planning to start a business in India, you first need to concentrate on registering it in India. For this, you need to learn how to acquire DSC i.e. digital signature certificate. Acquiring a DSC is the first step towards getting your company registered in India. Here, you need to remember that each director of a business needs to obtain a DSC number. According to the 2006 amendment act, it is necessary to have a DIN number. So, whether you are an existing or going-to-be director, you always need to grab a DIN. Now, the question arises here how to grab a DIN.
If you are looking for DIN, you first need to file a form DIN 1 online. It is an online form that can be found at the official website of the ministry of corporate affairs India. Now, you need to get your business registered on official MCA website. If you are confused on how to grab DIN, you need to visit at the official website of the ministry. By visiting at the official site, you can easily be able to learn how to grab a DIN.
If you are going to submit all your documents needed for registering a company in India, you shouldn’t forget getting them authorized. For this, you need to have digital signature. When you have signature on all digital documents, you can easily make things legal. If you want to get your company registered in India, you first need to concentrate on acquiring director identification number or also called DIN.
However, it is true that acquiring DIN i.e. director identification number is needed to get a business registered online, but the question arises here how it can be done. This is the point where you need to look at nowhere else but the internet. By searching and researching online, you can easily learn how to get your business registered. It is better if you visit at the official website of the ministry of corporate affairs India to grab adequate information about how to acquire DIN.
This step simply informs you about having a legally registered user account on the official website of MCA especially for filing an online form. It is basically used to filing eform, making payments, for certain transactions as a legally registered company or entrepreneur. Here, you should remember that making an account on this official website is completely free.
When it comes to learning how to register a company in India, you shouldn’t forget learning how to incorporate your company. Are you getting confused about company incorporation? If yes, then you need to understand the fact that it is about incorporating company or business name, registering the main office as well as branches, information about company’s directors, secretary, members, and other board of members. Apart from aforementioned points, company incorporation also included the qualification of your shares. So, you need to keep this point in mind while completing your company registration process in India.
Here is the whole process of GST registration. GST Registration Procedure in India Whether you are providing goods or services, you first need to get your business registered under the GST. If you don’t register your company for GST, you will have to cope with hefty penalties and fines. Obviously, yRead more
Here is the whole process of GST registration.
Whether you are providing goods or services, you first need to get your business registered under the GST. If you don’t register your company for GST, you will have to cope with hefty penalties and fines. Obviously, you will never like to end up with a penalty of 100%. Instead, you would like to get your business registered for GST.
If you are going to register your business for GST, you should understand the fact that you could also grab GST from your existing users or customers. So, if you don’t want to get indulged into complicated legal procedure, you need to complete the GST procedure. But how it can be done? If you want to learn how to register your own business for GST, you need to check out stated below complete guide GST registration process in India.
It is certainly necessary to have your business or company registered for GST if you want to run your business legally in India. So, let’s check out stated below reasons that insist you on choosing a GSTIN.
⦁ A company that has an annual revenue of INR 20 lakh.
⦁ If you are running a business in certain special states in India such as Jammu & Kashmir, Arunachal Pradesh, Uttrakhand, Himachal Pradesh, Assam, and Mizoram, you need to have at least INR 10 lakh annual turnover.
⦁ An E-commerce business.
⦁ An inter-state company or business.
⦁ Taxpayers who pay taxes under reverse tax charges.
⦁ Taxpayers who pay taxes under section 9, and sub-section 5.
⦁ A liable non-resident who are dealing with taxable supply.
⦁ You need to use your email ID, PAN number, mobile number in order to complete a GST REG form.
⦁ You also need to verify your contact number as well as an email address for GST registration online.
⦁ Now, you need to collect the reference number after completing the verification procedure.
⦁ Now, you need to attach your ARN number along with required documents.
⦁ Complete automatically generated legal GST REG-03 online form if you need additional details.
⦁ Once you verify all your information given, you will be issued a certificate of GST registration. You can opt for this registration certificate within three working days.
If you are going to register your business or company for GST, you first need to know about documents required for the same. Yes, if you don’t know about the required documents, you may not be able to grab desired results. So, let’s check out what types of documents you need while registering your business for GST.
⦁ Authorized signatory’s picture or photos.
⦁ Certificate of business
⦁ Stakeholder, promoter or partner photo
⦁ You also need to provide proof of business address or company address that could be property tax receipt, electricity bill, municipal copy, and even legal property documents.
⦁ You also need to provide an acceptance letter received from the managing committee of your business or company.
⦁ Now come to the most important document i.e. bank details. You need to provide a cancel cheque, bank statement and photo of the first page of your bank passbook.
Once you complete the GST registration procedure whether online or offline, you also need to track the status. By tracking GST status online, you can easily check whether it is progressing or not. So, let’s check out how you can check your GST registration status online.
⦁ Kindly visit at http://www.gst.gov.in.
⦁ Here, you need to click on the available “services” option.
⦁ Under “services” section, you will find the “registration” option. Click on it.
⦁ Now, select the “track application status”.
⦁ Now, you are asked to provide ARN.
⦁ Having submitted ARN number, now you need to click on the search option.
⦁ Now, you can easily check out your existing GST registration status online. You will also receive a soft copy of GST registration status at your email address and mobile phone.
Whether you are running a product-based or service-based business, you aren’t supposed to underestimate the importance of GST registration in India. Thus, it is necessary that you should learn how to register your company for GST. When you get your business registered successfully for GST, you need to learn how to check GST status online.
Apart from aforesaid points, you also need to consider stated below points about GST registration in India.
⦁ If you are running a business with more than INR 20 lakh annual revenue, you are liable to get your business registered for GST.
⦁ There are total 11 special states that require going through GST registration procedure in India if your business is making at least 10 lakh annual income. Some of these special Indian states are including Arunachal Pradesh, Manipur, Jammu & Kashmir, Mizoram, Meghalaya, Sikkim, Nagaland, Himachal Pradesh, Tripura, Uttrakhand, and many others.
⦁ If you are supplying products in more than two Indian states, you need to go through the GST registration procedure in each state. It means that if you are supplying goods in four different states in India, you need to get your business registered for GST in four different states in India.
⦁ If you own multiple business premises or branches, you need to get the main office registered as well as other branches registered for GST.
⦁ If your business has a different or separate entity under Section 2918), you need to follow the aforementioned point.
⦁ You don’t need to pay any sort of fee or charge to get your business registered for GST in India.
⦁ If you don’t get your business registered for GST, you will have to cope with a penalty of INR 10k. It might be possible that you will have to pay up to 100% of your payable taxes as a penalty.
⦁ You should keep updating yourself regarding the new financial rules and regulations in India for businesses.
⦁ It is highly advised that you should keep visiting our site or the official website of government in order to know about any changes to GST law in India.
Hi there! I have discussed all procedure about court marriage here this will help you. Step-by-step Guide about Court Marriage in India Marriage is considered as an important decision of life. Obviously, without a partner, you may not be able to enjoy real fun in life. Thus, you need to find out truRead more
Hi there! I have discussed all procedure about court marriage here this will help you.
Marriage is considered as an important decision of life. Obviously, without a partner, you may not be able to enjoy real fun in life. Thus, you need to find out true love and romance in life. For this, you can grab help from marriage institution. Since India is democratic, you are free to choose anyone as your partner irrespective of caste, religion, creed, and even culture. So, if you are planning to choose court marriage, you first need to know about the same. Are you getting confused? If yes, then you should check out stated below step-by-step guideline about court marriage procedure in India.
Unlike traditional marriage options, court marriage allows individuals to choose their partner according to the specific emotional requirements. They don’t need to think about caste, creed, religion, culture, and even country. Yes, you can even choose a foreigner when it comes to going with court marriage. With the help of the marriage act of 1954, you can easily be able to choose the right partner for life. When it comes to performing a court marriage, you need three witnesses. The marriage can be solemnized in witness of a court officer and your chosen witnesses.
There are specific terms and conditions that need to be followed when it comes to choosing court marriage. So, you need to know the rules and regulations under section four of India’s special marriage act.
When it comes to understanding the complete procedure of court marriage in India, you shouldn’t forget knowing about the documents required for the same. So, let’s check out what types of documents you need to apply for court marriage in India.
Since there are different states in India, you need to be ready to pay the court marriage fee accordingly. It could be between INR 500 to INR 2000 depending on the state you live in. So, before going through the marriage process, you first need to confirm the court marriage fee in your state.
Whether you are going to choose a partner from other caste or country, you first need to follow the exact process of court marriage in India. Having gone through aforesaid details, now you need to know the key steps of completing a marriage at court in India.
The first and certainly the most important step of going through a court marriage process is that you should notified people about intended marriage. When you notify authorized people about intended marriage, you can easily complete an important task.
Now, the honourable court will publish a court marriage notice. The key reason for publishing the court marriage notice is that people should know about the intended marriage.
When anyone sees the published court marriage notice, he or she may object on the same. If someone objects on a marriage, authorities will check the matter. If the objection is valid, the marriage will be stopped or else continued.
Now, it’s time for declaring the whole process. So, the couple, as well as the three witnesses, need to submit a declaration form regarding the same.
Now, a marriage should be conducted in the court. However, usually marriage is solemnized in the court, but you may also choose another place. But for this, you should be ready to pay extra charges.
Under the special marriage act, couples are authorized to grab a court marriage certificate. A marriage certificate is a legal document that officially declares that both of you are married.
Following this guide, you will be able to lodge an FIR at any Police Station. Are you a victim of crime? Have you witnessed a crime? Do you have information about something illegal? If your answer to above-asked questions is a big yes, then you can easily file an FIR. In simple words, an FIR is callRead more
Are you a victim of crime? Have you witnessed a crime? Do you have information about something illegal? If your answer to above-asked questions is a big yes, then you can easily file an FIR. In simple words, an FIR is called “First information report”. Here one point should be noted that an FIR can be filed under the section of 154 of Indian criminal procedure code of 1973. Moreover, you don’t need to be in the area of crime when it comes to filing an FIR. But yes, you should try to visit the nearest police station when it comes to filing an FIR. Are you still confused? If yes, then you should check out stated below guideline on how to file an FIR in India.
It is found that most of the individuals assume that FIR can only be filed by the victims. But it is not true. Whether you know about crime or you are a victim, you can always be authorized to file an FIR. So, FIR can be filed by a victim, witness and the one who has information about the crime.
If you are assuming that you may be able to change the FIR details even after submitting it to police, you need to change your mind. Remember, once you submitted an FIR, you aren’t supposed to change it in future. This is the main reason why applicants should confirm everything before signing on an FIR copy at a police station in India. However, it is true that you can’t change a filed FIR, but it is also true that you can add additional information to the same FIR at a later stage.