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Showing posts from October, 2022

What Case Could Be Registered If The Second Passenger At The Bike Is Without A Helmet ?

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The fine for not wearing the helmet, prior to the amendment of the Motor Vehicles Act in September 2019, was Rs 100, which is not considered much in India, where the riders could be seen driving their two-wheelers without any helmets. After the amendment of the Act in the year 2019, the fine was increased from Rs 100 to Rs 1000.  In some of the states in the country, the traffic police have been given the authority to seize the two-wheelers as well as the driving license of the driver could also be suspended, in case you face such a situation, it is advised to seek the assistance of Lawyers In Delhi , to help you solve the issue without any unnecessary delay.   Also the amendment made in the year 2019 provides that the thickness of the helmet to be born while driving should be 20-25 mm as well as the foam should be of high quality as per the bureau of Standards, the helmet should also be ISI certified.  As per Section 129 of the MV Act, every rider above the age of 4 years has to wear

What Is The Procedure To Register Marriage In Delhi To Get A Certificate?

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The Hindu Marriage Act of 1955 and the Special Marriage Act of 1954 are the two acts under which you can apply for a marriage registration certificate if you are already married. The Hindu Marriage Act is applicable when the husband and wife are both members of one of the following religions: Hindu, Buddhist, Jains, or Sikh, or when they have converted to one of these. The Special Marriage Act of 1954 is applicable when neither the husband nor the wife, or both, are members of specific groups. There is a Marriage Registration Procedure in every state which needs to be followed. The Marriage Registration Process is different in different states. Let’s discuss the Register Marriage Procedure in Delhi. Eligibility: The wedding must take place in Delhi. Delhi residency and a Delhi jurisdictional address are required by one of the partners. Bigamy is prohibited by the Hindu Marriage Act, regardless of whether one partner is a Buddhist, Sikh, or Jain. One of the partners must have alr

How To Get Bail In A False Sc/St Case?

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The Supreme Court observed in Subhash Kashinath Mahajan v. State of Maharashtra, (March 2018), that the provisions of The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (SC/ST act), which provided punishment for atrocities against people belonging to SCs and STs, were being misused by them against the general public (for example, by making false accusations/charges). Must lessen the strict effect of this statute, the SC established the following requirements to be met before filing any cases under it. The assistance of the Best Lawyer In Delhi can help in such matters. The Act has been abused to submit fictitious complaints to spread caste animosity, the supreme court observed, which has been acknowledged as a failure to blur caste distinctions. If the Atrocities Act is not brought into compliance, it may even "perpetuate casteism," and the court must step in to prevent the "false implication of innocent persons on caste lines."

Evidentiary Value Of A Statement Before A Magistrate.

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Section 164 of the Criminal Procedure Code provides for the magistrate’s power to record confessions and other statements. The statements so recorded are substantive evidence.  A confession is the kind of statement where the suspect acknowledges his guilt of committing a crime, whereas a statement is the declaration of a matter of fact.  Who is competent to record? A confession or a statement could be recorded by a Metropolitan Magistrate or by a Judicial Magistrate, irrespective of the fact whether they have jurisdiction or not. As provided under the proviso to the Section 164 of the CrPC, a police officer to whom the powers of a magistrate have been conferred is not competent to record the confessions.  When can a Magistrate record a statement or confession? As provided under the Section 164 of the Criminal Procedure Code, a statement or a confession could be recorded- i)    In the course of the investigation; or ii)   Anytime before the commencement of inquiry or trial.  How t

What Should I Do To Get Alimony From A Working Wife After Divorce?

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The legal obligation to maintain one's spouse financially before or after a separation or divorce is known as spousal maintenance, often known as alimony or maintenance. The term "alimony," which is also referred to as "spousal support," technically denotes a legal duty placed on either spouse. It is believed that both partners, regardless of gender, will be responsible for providing assistance for maintenance both during and after marriage. The weight of alimony might now fall on either the husband or the wife depending on their financial circumstances because modern society regards men and women equally. Men are more likely than women to give their ex-spouse interim support while a lawsuit is pending, despite the fact that both genders are equal before the law in today's society. Either spouse has the right to request alimony after the divorce.   In India, men are typically the ones who foot the divorce settlement bill. The fundamentals of maintenance