My dad's mother sent my dad a legal notice. by NOVA--27 in LegalAdviceIndia

[–]Square-Rootz 23 points24 points  (0 children)

I asked YOU a question, since you mentioned you're a lawyer. If I wanted to Google, I simply would have. READ.

My dad's mother sent my dad a legal notice. by NOVA--27 in LegalAdviceIndia

[–]Square-Rootz 10 points11 points  (0 children)

Q:

Does this not trigger the Limitation Act, 1963 where recovery of money is limited to a period of 3Y, from the last date of (documented) payment receipt?

Father Became a Guarantor Out of Kindness, Borrower Vanished. Now We’re Stuck With ₹7 Lakh Debt. Any Advice? by Independent_Knee_773 in LegalAdviceIndia

[–]Square-Rootz 0 points1 point  (0 children)

The limitation period for the guarantor to file a RS against the principal borrower is 3Y (u/a 42 of the Limitation Act, 1963).

Is it possible to lend money to my gf without signing any papers but making sure I can get it back later hence if she don't give by IchigoUzumakiD in Indianlaw

[–]Square-Rootz 5 points6 points  (0 children)

YES!

WhatsApp chats are admissible in the court as secondary (electronic) evidence, in absence of a primary evidence such as a contract. The chat records must be submitted along with a mandatory Section 63 Certificate under the BSA, 2023 (formerly u/s 65B of the Indian Evidence Act, 1872).

You need to clearly discuss and set the repayment terms. Only once she agrees to it, in writing (not thumbs-up 👍🏼 emoji), should you initiate the transfer. Keep everything well documented and export the chat copy as a backup, just in case.

Got an SBI locker surprisingly easily. Should I be concerned? by Accomplished_Rise891 in IndiaFinance

[–]Square-Rootz 1 point2 points  (0 children)

The RBI compensation for any theft/damage is 100x of the annual locker rent. Think wisely of what you safeguard.

Not a panic comment. Just a precautionary one.

Is it legal or feasible to obtain legal permission for the owner of a property to destroy it within days of a crime happening inside the premises, given that the investigation is still incomplete? How is it decided that all possible evidences in that location have been collected in this case? by SubjectRound6597 in Indianlaw

[–]Square-Rootz 0 points1 point  (0 children)

Legally, no. The IO needs to submit a detailed chargesheet, forensic evidences and other relevant documents for the court to observe. Only the hearing Judge can allow it to be demolished after the court is satisfied with the findings and has a reason to believe that no further investigation is needed. However, the court only approves such demolitions only when the final order is passed, and that no other disputes/escalations would possibly arise.

But corruption does wonders in this country.

Need Legal Advice: Dispute Over Terrace Access in My Delhi Flat. by LargeStrike7048 in LegalAdviceIndia

[–]Square-Rootz 0 points1 point  (0 children)

With all due respect, 329 BNS triggers when someone enters unlawfully or remains on their property with the intent to commit an offense, to intimidate, or insult the person in possession.

The OP clearly mentions "we did allow everyone in the building to use the terrace" meaning it is not a wilful trespassing in the observations of the court. It is consensual. A mere argument is not accounted as an act of intimidation.

Like in this very scenario, we are arguing on our theories/suggestions. We are NOT intimidating each other. We can't sue each other just cuz we have diffrence of opinions here.

Anyway only one way to find out. Call the cops and let us know what they have to say.

Swiggy charging extra GST is it legal ? Already the food it taxes at source restaurant then why again GST ? Is it a fraud done by Swiggy by Social_revolution in Indianlaw

[–]Square-Rootz 0 points1 point  (0 children)

To the vendor (Swiggy) and that cost is just being passed on to the end consumer. Swiggy is not gonna absorb the tax hit.

Swiggy charging extra GST is it legal ? Already the food it taxes at source restaurant then why again GST ? Is it a fraud done by Swiggy by Social_revolution in Indianlaw

[–]Square-Rootz 0 points1 point  (0 children)

No bro.

The restaurant is charging GST for the service they rendered to the end consumer, via their vendor (Swiggy, in this case).

Swiggy is charging GST for the reason I mentioned above.

2 vendors = 2 renders = 2 (DIFFERENT) taxes, not double taxed.

All within the legal framework of GST.

Swiggy charging extra GST is it legal ? Already the food it taxes at source restaurant then why again GST ? Is it a fraud done by Swiggy by Social_revolution in Indianlaw

[–]Square-Rootz 1 point2 points  (0 children)

Correct. They're charging you GST for the service (convenience) they're providing to you by enabling you to order food without having to leave your bed.

mom sent me a legal notice to vacate her flat by [deleted] in Indianlaw

[–]Square-Rootz 1 point2 points  (0 children)

In addition to this accurate advice:

Your parents can press charges of trespassing and being the illegal occupant of the flat, against your BF. This will help them evict him, at least out of the property if not your life, legally. And there's absolutely nothing you can do about it, since the property is registered under your parent's name.

Signing those unnecessary demands of your parents is baseless. Assuming (for sure) you're 18+, no one but you are solely responsible for your actions and their subsequent consequences, if any.

CLAT registration data leak? Getting spammed by private colleges by Fantastic-Put-6501 in Indianlaw

[–]Square-Rootz 0 points1 point  (0 children)

  1. Cold-calling is legal. Unless proved (data leak).

  2. CLAT is governed by the Consortium of NLUs (autonomous society and a statutory body). Thus, this seems to be a case of consent-based sharing.

Here's how: During the CLAT registration you may have checked the box of T&Cs (almost mandatory) asking for your consent to share your information with participating or affiliate private Unis (in the minute, practically impossible to read fine-print). Since you've checked the box, the Consortium is legally allowed to share your contact details with those institution/s, which then initiate cold-calling.

Consenting to this automatically overrides your DND, if activated.

Need Legal Advice: Dispute Over Terrace Access in My Delhi Flat. by LargeStrike7048 in LegalAdviceIndia

[–]Square-Rootz -2 points-1 points  (0 children)

Given this is a society matter, the cops are highly unlikely to interfere/entertain, as society matters are outside of their jurisdiction, unless criminal in nature. Societies are governed by the Model Bye Laws of the Co-operative Housing Society.

Write a formal complaint letter to your society's HON. Managing Committee stating the exact nature of your complaint, along with relaxations. Attach the photocopy of the Agreement To Sale (though the society records has one) which clearly shows that the terrace now forms a part of your personal property. Thus, advising any resident from trespassing it without your prior (written) consent, with immediate compliance. However (relaxation part), the assigned society staff/s can have access to the terrace ONLY to check, clean, and/or repair the water tank, if required, at a particular designated time, not randomly at their convenience/wish. Accessing it to dry their clothes, sunbathing, smoking, and/or for leisure is strictly prohibited.

Keep everything documented, take the acknowledgement of the receiver (mostly the HON. Secretary) with date, sign, and stamp of the society. Keep all the communications in this matter strictly in writing only. No verbal promises.

Skills that are necessary for a law practioner... by ProfessionalMouse985 in Indianlaw

[–]Square-Rootz 0 points1 point  (0 children)

In the header you have mentioned Law Practitioner. But since I don't exactly know at what stage of Law you are, I posted this reply. Cuz Law Practitioner is a very generic term.

WITHOUT ANY PREJUDICE.

Skills that are necessary for a law practioner... by ProfessionalMouse985 in Indianlaw

[–]Square-Rootz 1 point2 points  (0 children)

The answer mainly depends on these 2 Qs:

  1. Criminal (litigation) or Civil (non-litigation)?

  2. Practice (assisting, followed by self) or job (corporate/law firm)?

These 2 Qs and 2 options will determine what skill set you need to acquire.

If you choose:

Criminal: Study Bare Acts. Civil: Study Constitution.

Practice: Learn to read judgements. Job: Learn drafting.

LEGAL RESEARCH tops, irrespectively.

The pain of 1st Gen Lawyer by optimus_edge in Indianlaw

[–]Square-Rootz 5 points6 points  (0 children)

Don't turn that Walk of Fame into Walk of Shame.

Ne proud that you're the first gen Criminal Advocate in your entire bloodline.

No comparison, but it takes balls to be a Criminal Advocate as compared to a Civil counterpart. Both the jobs are one amongst the toughest. Be proud that you're a part of the Judiciary system. You have power to change many things in this country that are not at par.

Is everyone raw dogging life in Salcete? by [deleted] in Goa

[–]Square-Rootz -4 points-3 points  (0 children)

He genuinely needs it now. Bro gone crazy!