Reeti Law Associates

28/01/2022

Women can get domicile certificate of Residence of Parents even after her marriage:
Rajasthan High Court recenlty held that native place of residence of married lady can't be changed due to her marriage.
Women can apply for a certificate she was residence of a particular place (parent's address) and the same can not be rejected by the concerned authority on the ground that she did not reside in the area anymore.
The Court has held that women cannot be denied for domicile certificate just because she moved out of the said are. the Court further ruled that as she lived in the parent's address prior to marriage, she is entitiled to get a special Domicile Certificate. certificate

17/02/2020

Can proceedings under 138 of NI Act continue even after initiation of Commencement of Resolution Process and or IRP be added in place of Company's name ?

Ans:
Provisions of Moratorium as contained in Section 14 of the Insolvency and Bankruptcy Code has no manner of application to Criminal proceedings. It appears that the nature of proceedings u/s 138 Negotiable Instruments Act, 1881 ("NI Act") are criminal in nature and hence are different from those as enshrined under the Code. The proceedings under section 138 NI Act can thus continue even after initiation of CIRP.
Section 14(1) (b) of the Code prohibits, inter alia, the institution of suits or continuation of pending suits or proceedings against the corporate debtor including ex*****on of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority.
In matter of Indorama Synthetics (I) Pvt. Ltd Nagpur Versus State of Maharashtra & ors reported in 2016 (4) Mh LJ 249 Bombay High Court held that the provisions of moratorium of Section 14 of the Code are not applicable to Criminal Proceedings.
It appears that the said declaration of moratorium does not prohibit continuation of criminal proceeding against the company or its Directors.

IRP can represent the Company if it is required, depend upon case to case.

23/08/2018

https://www.livelaw.in/tenant-cant-be-evicted-on-the-ground-of-defaulting-rent-without-determination-of-provisional-rent-by-court-sc-read-judgment/

In the context of rent control laws in Rajasthan, the Supreme Court has held that, in a petition seeking eviction on the ground of defaulting rent, the provisional determination of the rent by the court is mandatory and without such determination of rent, no decree of eviction on the ground of defau...

26/03/2018

http://www.livelaw.in/fee-rti-application-not-exceed-rs-50-rs-5-per-pages-motive-need-not-disclosed-read-sc-directions-read-order/

The Supreme Court, on Tuesday, directed all government authorities to ensure that the fee for a Right to Information (RTI) application does not exceed Rs. 50 and the fee for photocopying is not more than Rs. 5. The Bench comprising A.K. Goel and Justice U.U. Lalit issued the following directions:....

23/01/2017

http://www.livelaw.in/son-no-legal-claim-parents-house-can-stay-till-allow-delhi-hc/

A son can reside in a self-acquired property of his parents so long as they desire and cannot claim a legal right to stay there, irrespective of his marital status, ruled the Delhi High Court in its latest judgment. Justice Pratibha Rani expressly stated, “Where the house is a self-acquired house of...

10/01/2017

http://www.livelaw.in/wife-entitled-maintenance-even-earning-husband-punjab-haryana-hc/

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband. The lower court had ordered the husband to pay Rs. 15,000…

16/01/2016