HOW TO AVOID IN FAMILY CASES WITH SPECIAL REFERENCE TO

CRUELTY AND DOWRY HARASSMENT

-Kishan Dutt Kalaskar

INTRODUCTION: -From pristine time the dowry death or cruelty or harassment against women (daughter in laws) have addressed us with the inequality of the society, which led us to an unimaginable backlash. The existence of these hinders the true development of our society as well as the nation, INDIA. The unwanted behaviour towards women have been introduced to our society since history and protested it through efficient laws and Act etc. The allegation against the above-mentioned offences can lead to arrest with significant amount of compensation. But determining the original issue from fake issues are the grave challenge, what every authorized officer faces in daily basis, because determining the credibility of any regarding any mentioned matter is time consuming and lengthy process also creates a negative impact upon the family members who has no involvement with the issue, which we will discuss through following down below.

BACKGROUND:- Since Vedic period the system of dowry has been initiated and created a deep-rooted place within the society, within people’s heart. It has become the undeniable or unavoidable genre for the people, which they believed as a compulsory duty, a custom what they needed to follow with continuous effort. First it was the “gift” back in time, the heritage maintained by the upper-class citizens or aristocratic people. After many evolving periods it took many formations, such as in colonial era it became more like a punishment which every daughter bearing family had to bear, which ultimately led to economical drawn-back for the bride’s family, and also after many evolving time  sit made the women more andmore dependable, their independence became more like an illusion even after the India achieved the independency in 1947. After many debates around 1961 the first Dowry Prohibition Act enacted to prevent this system, but even after that the challenges still exists in modern era (significantly in rural area). Many activists such as Satya Rani Chandha, Aleem Khan Falaki etc has acted against this system also, Gunjan Tiwari, The UN Children’s Fund (UNICEF) has taken action to raise awareness etc.

PROVISION :-  The dowry system has lowered the self-esteem of every women from the core. This system has infringed the constitutional rights, such article 14, 15, 19, 21A of Indian Constitution, 1950 etc, even after the independence. To protect them from the injustice many laws has been enacted such as, Protection of Women from domestic Violence Act, 2005, above mentioned Dowry Prohibition Act,1961, and also section 304B of IPC, 1860 (section 80 in BNS, 2023) has provided punishment in respect of dowry death (cognizable, non-bailable, triable) which can lead to imprisonment for the term which shall not be less than seven years or which may also extend to life imprisonment [according to section 80(2) of BNS,2023] also section 498A under chapter XXA of IPC, 1860 which specifies cruelty against women by in-laws. But still after all of this many, there are some existing disadvantages which we will understand through case laws etc.

CASE LAWS: - There are cases which are related to the negative effect of this system such as, Satbir Singh v. State of Haryana (2021) in which the Supreme court has observed if within the duration of seven years of marriage the death has occurred in respect of the causes mentioned in section 304B, which led to the careful caution regarding the procedure under CrPC,Evidence act and also IPC.Also, there are some case which aregreatly affected by the preventive legislative and the such misuse has been addressed through such as, Arnesh Kumar v. State of Bihar (2014) has introduced with no automatic arrest under section 498A before a proper investigation by police authority to avoid harassment and maintain the safety measures of the family, also case like Rajesh Sharma v. The State of Uttar Pradesh (2017) in which the court held that the arrests may only be done by authorized person appointed by magistrate, etc.

CONCLUSION :- Through the above brief the basic idea about the dowry system and the negative effect upon women has been mentioned, also the other side of this system has been summarized which are also a crucial part to sustain natural justice within the nation as it is a democratic country. Hon. Supreme Court also has emphasized the importance and presented effective guidelines to prevent arrests (mentionedin Arnesh Kumar V. State of Bihar). If it was the topic about only dowry system or death it will become the singular side of the coin but on the other side there are still some inequity and injustice which has become more and more grievous for the family of in-laws to bear. We have to maintain the equilibrium between both, the only the adequate investigation can lead to sufficient judgment provided by law and order.

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HOW TO SEEK COUNTER CLAIM IN FAMILY CASES UNDER SECTION 23A OF HMA ACT

-Kishan Dutt Kalaskar

INTRODUCTION:-In thesociety of India during the proceeding of divorceor judicial separationor facing the restitution of conjugal rights or the settlement of any claims, or alimony or demands of maintenance etc, is a crucial part of this from the initial point. Under Family Laws or any general Laws provides this type of demands as the remedy, which works as the ultimate financial support, the way to maintain the providence for either spouse, children whether legitimate or illegitimate, parents and also those who are dependents etc. But there are some scenarios where this claim can be counter or vary. Through this purview we will comprehend related provision, landmark cases etc, for appropriate approach.

BACKGROUND :- In this context, even before any supplementary Acts, in India the Hindu Dharma Shastra was in existence, It considered the solemnization of the marriage a sacred unity, the bonding which could not ceased unless they met with death. After this during colonization, the British has introduced our society with some FamilyLawssuch as, The Divorce Act of 1869, which introduced us with system of legality (specially it was enacted for Christians who were settled in India at that time). TheHindu Marriage Act, 1955 had come into force during this era just to protect or safeguard the Hindu either gender, who are legally married. Also, we can find the importance of the Hindu ritual (saptpadi) in respect of the completion of marriage, which also indicates our tradition, the culture of the Hindu history. There were other laws such as The Special Marriage Act, 1954 etc. But in history, where the marriage was considered an unbreakable bond, the British era introduced the society with the concept which facilitate to end that bonding for either partyof the marriage, if they were not satisfied or facing any unethical circumstances (cruelty, desertion etc) or anything else.

PROVISION :- For the purpose of this blog, there are number of provisions under HMA Act, 1955, which provides the way of solemnizing the marriage (valid marriage under section 5 of the said Act) also ways to end that marriage
(dissolution of marriage under section13, 13Betc,of said Act) also, there are provision for judicial separationsection 10 and restitution of conjugal rights under section 9 of the said Act . But there are some amendments which provides counter of the claims which has demanded before the judicial authority during proceeding under above mentioned, which section 23A of the Hindu Marriage Act, 1955 provides. This provision works as-

i.                   a relief for the respondent, in divorce or other proceedings, under such the respondent may oppose the claim,

ii.                 can go for a relief on the ground of adultery or cruelty performed by petitioner,

iii.               also, can make counter-claim for any relief under this Act on that ground (above mentioned) and

iv.                if the petitioner’s adultery, cruelty, desertion is proved, the court may give any reliefto the respondent under the said Act, to which he or she would have been entitled if he or she had presented a petition seeking in respect of such relief on that ground.

CASE LAW :- There are many distinct landmark case laws under which the Supreme Court of India expressed the issues relating to the amendment of proceedings of divorce and addressed the benchmark of counter-claim under section 23A of the Hindu Marriage Act, 1955 (HMA), mentioned in the case Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel (2021). Also, cases like Naveen Kohli v. Neelu Kohli (2006), where the Supreme Court decided that the respondent’s situation (physically, psychologically also economically harassed or abused) had been so perishable that the marriage was broken and irreparable, there are many more cases etc.

CONCLUSION :- Through the above mentioned brief the concept regarding section 23A of HMA Act, 1955 has created a basic purview which indicates towards the advancement which can be provided during any proceedings of dissolution or other proceeding. It addressed the both side of the any case. Also creates an opportunity for both partiesto be heard by the court,(audi alteram partem) which facilitates and ensures the justice is served.

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Introduction to Private Investigation Services

Private investigation services play a crucial role in addressing a variety of personal, legal, and corporate challenges that individuals and organizations encounter. These services range widely, encompassing tasks such as background checks, surveillance, fraud investigations, and missing person searches. Clients often seek the expertise of professional private investigators when they require thorough, discreet, and objective inquiries that can assist in resolving disputes, securing evidence, or gaining vital information.

One of the most common reasons clients engage private investigation services is for personal matters, which could include infidelity investigations or child custody disputes. Individuals may require confirmation or clarity regarding suspicions, and a professional investigator can provide the necessary surveillance and documentation. Legal situations also frequently necessitate these services, particularly in scenarios such as litigation support or gathering evidence for criminal defense or civil cases. In such instances, private investigators can present their findings in a court-admissible format, thus bolstering a client’s position in legal proceedings.

Moreover, corporate entities often benefit from private investigation services to safeguard their interests. This might involve conducting due diligence on potential business partners, identifying internal theft, or assessing employee backgrounds for hiring processes. Engaging a professional and experienced private investigator can yield insights that aid decision-making and enhance overall security protocols. In light of the diverse situations that require professional intervention, it becomes clear how vital these services are for individuals and businesses alike.

At NIDAAN Intelligence Services (I) Pvt Ltd, we are committed to providing comprehensive private investigation solutions tailored to the unique needs of our clients across India. The expertise of our investigators ensures that any private investigation is handled with utmost professionalism and sensitivity, ultimately achieving the desired results.

Understanding the Role of Private Investigators

Private investigators, often referred to as PIs, play an essential role in the realm of investigations, providing valuable services to clients across various sectors. Their primary responsibility involves gathering information and evidence to assist in legal, personal, and corporate matters. Understanding their roles highlights the skills necessary for performing effectively in this profession.

A private investigator employs a range of techniques to collect evidence. This may include conducting interviews, performing background checks, and utilizing surveillance methods. Surveillance is particularly pivotal; it helps in monitoring suspects, gathering data over time, and ensuring that the investigator captures credible and admissible evidence. Competence in conducting surveillance requires not only sharp observational skills but also an understanding of legal boundaries and ethical considerations.

In addition to fieldwork, PIs often utilize advanced technology and digital tools to conduct research and gather information. This includes analyzing social media profiles, sifting through public records, and using databases to obtain comprehensive information about subjects. The proficiency in employing such technology, combined with an analytical mindset, enhances an investigator’s ability to draw meaningful conclusions from the data collected.

Moreover, communication skills are instrumental in the investigator’s role. PIs must effectively communicate findings to clients, presenting evidence in a coherent and comprehensible manner. They also facilitate collaboration with legal professionals, law enforcement agencies, and other stakeholders, ensuring that their investigations align with legal requirements. Educational backgrounds in criminal justice, forensic science, or related fields often equip private investigators with the legal knowledge and critical thinking skills necessary for their work.

Ultimately, the effectiveness of private investigation services is hinged on a blend of research skills, technological proficiency, ethical awareness, and the ability to work discreetly. As clients seek to resolve complex issues, understanding the multifaceted roles of private investigators becomes vital in selecting the right services for their needs.

Why Choose NIDAAN Intelligence Services (I) Pvt Ltd?

In the realm of private investigation, selecting the right agency is of utmost importance for ensuring thorough and accurate results. NIDAAN Intelligence Services (I) Pvt Ltd distinguishes itself due to its unrivaled expertise and comprehensive service offerings that cater to a diverse clientele across India. With years of experience, the agency has built a solid reputation for tackling complex investigative cases with professionalism and efficiency.

NIDAAN Intelligence Services employs highly skilled investigators with backgrounds in law enforcement and investigative studies. This expertise allows them to utilize advanced techniques and technologies to gather evidence, analyze data, and uncover hidden information. Their private investigation services encompass a wide array of solutions including surveillance, background checks, fraud investigations, asset tracing, and marital investigations, thereby addressing the unique needs of every client. The breadth of these services makes them a one-stop-shop for individuals and organizations seeking reliable investigative assistance.

The agency’s successful track record is further enhanced by the numerous positive testimonials from satisfied clients, which reflect their dedication and commitment to excellence. Case studies showcasing successful resolutions of intricate investigations underscore their capability to deliver prompt and reliable results. Clients appreciate the personalized approach NIDAAN Intelligence Services adopts, ensuring that their specific requirements and confidentiality are prioritized.

Furthermore, the agency understands the importance of maintaining the highest ethical standards throughout their investigative processes. This commitment to integrity not only builds trust among clients but also assures them of quality outcomes. In a market filled with numerous contenders, NIDAAN Intelligence Services (I) Pvt Ltd truly sets itself apart as a leader in the private investigation field, effectively addressing all investigative needs across India.

Services Offered by NIDAAN Intelligence Services

NIDAAN Intelligence Services (I) Pvt Ltd provides a comprehensive suite of private investigation services tailored to meet the diverse needs of clients across India. The organization has earned a reputable standing in the industry, offering personalized investigations that address both personal and corporate inquiries. Their adept team leverages advanced methodologies and technologies to ensure that each investigation is thorough and trustworthy.

One of their primary services includes personal investigations, catering to individuals who might need assistance in matters such as infidelity checks, missing person cases, or even child custody disputes. Their experts handle these cases with utmost discretion and empathy, ensuring that clients receive sensitive and detailed reports that can aid in forming crucial decisions.

For businesses, NIDAAN Intelligence Services offers robust corporate investigations which encompass fraud detection, employee background verification, and internal investigations. Understanding that corporate integrity is paramount, the team meticulously examines all relevant information, assisting organizations in safeguarding their assets and ensuring ethical compliance within their teams.

Background checks form another essential part of their service portfolio, crucial for both personal and professional environments. NIDAAN’s thorough checks include verification of identity, employment history, and criminal records, therefore helping clients make informed choices, whether hiring new employees or vetting potential partners.

Surveillance is another specialty of NIDAAN Intelligence Services, providing clients with real-time information in scenarios requiring monitoring. They utilize contemporary techniques and equipment to carry out surveillance discreetly, ensuring that operations remain confidential while providing reliable data to clients.

Overall, NIDAAN Intelligence Services is committed to delivering exceptional investigative solutions that cater to the needs of various clients across India, ensuring that the investigative process is as smooth and efficient as possible.

The Process of Engaging with NIDAAN Intelligence Services

Engaging with NIDAAN Intelligence Services (I) Pvt Ltd begins with an initial consultation, which serves as the first point of contact between the prospective client and the agency. During this phase, clients are encouraged to openly discuss their needs, concerns, and the nature of the investigation required. NIDAAN aims to establish a rapport, ensuring that clients feel comfortable and confident in sharing sensitive information. This consultation is typically conducted via a phone call or face-to-face meeting, depending on the client’s preference and location.

Once the initial consultation is complete, NIDAAN undertakes a thorough case assessment. This step involves gathering detailed information pertinent to the case. Investigators analyze the provided data, identifying potential challenges and formulating a tailored investigative plan. By customizing the investigative strategy, NIDAAN ensures that the approach aligns with the specific needs of the client and the complexities of the investigation. The focus remains on collecting relevant evidence while being mindful of legal frameworks and ethical standards.

Throughout the investigation process, NIDAAN Intelligence Services prioritizes transparent communication with clients. Regular updates are provided to keep clients informed about progress and findings. This constant line of communication fosters trust and reassurance, allowing clients to feel involved in the investigation process. Clients are encouraged to ask questions and seek clarifications at any stage, further enhancing their understanding and confidence in the services rendered.

In summary, engaging with NIDAAN Intelligence Services involves a systematic approach, characterized by initial consultation, detailed case assessment, tailored strategies, and ongoing communication. This structured process not only facilitates an effective investigation but also ensures that clients are adequately supported and informed throughout their engagement with NIDAAN.

Confidentiality and Ethical Standards in Investigations

In the realm of private investigations, maintaining confidentiality and adhering to ethical standards is paramount. Organizations such as NIDAAN Intelligence Services (I) Pvt Ltd prioritize these principles to foster trust and integrity with their clients across India. The sensitive nature of the information handled in private investigations necessitates the highest degree of confidentiality. Clients rely on investigation services not only for the resolution of their cases but also for the assurance that their personal and sensitive information will be safeguarded.

NIDAAN Intelligence Services stands out in its commitment to confidentiality through stringent protocols and practices designed to protect client data. This commitment begins with thorough employee training, ensuring that everyone involved in the investigation process understands the importance of maintaining discretion. All staff members are bound by confidentiality agreements, which legally compel them to keep client information secure and private throughout the entire investigation process.

Moreover, the ethical standards upheld by NIDAAN Intelligence Services guarantee that all investigative methods employed are legal, avoiding any practices that could compromise a client’s rights or lead to unethical situations. This adherence to ethical norms not only protects the agency’s reputation but also reinforces the legal standing of the investigations conducted. Clients can be assured that NIDAAN operates within the relevant laws and regulations, thereby providing peace of mind in what can often be challenging situations.

In addition to ethical considerations, clients of NIDAAN Intelligence Services can expect transparent communication throughout their engagement. Transparency not only builds trust but also helps clients make informed decisions regarding their cases, knowing they are operating in an environment conducive to ethical practices. By emphasizing confidentiality and ethical standards, NIDAAN Intelligence Services sets a benchmark for excellence in the industry, ensuring that private investigations are conducted with the utmost integrity and respect for all parties involved.

Client Experiences and Testimonials

NIDAAN Intelligence Services (I) Pvt Ltd, a prominent name in the realm of private investigation services in India, has cultivated a strong reputation through its commitment to client satisfaction. Clients across different states have shared their experiences, emphasizing the professionalism and efficiency exhibited by the investigative team. Testimonies span a variety of cases, including corporate fraud investigations, missing person searches, and personal background checks, showcasing the versatility of the services offered.

One client recounted their experience with a corporate investigation that uncovered significant discrepancies in financial records. They highlighted the thorough approach and attention to detail taken by the investigators, which was instrumental in resolving their concerns promptly. It was noted that the team maintained clear communication throughout the process, ensuring the client was updated on every development. This transparency fostered a relationship of trust, and the client felt assured that their case was in capable hands.

Another satisfied client, who sought help in locating a missing family member, expressed gratitude for the compassion and dedication exhibited by NIDAAN’s team. The investigators took the time to understand the case intricately, employing a range of techniques and resources to assist in the search. Their persistence, coupled with empathetic support, resulted in the successful resolution of the case, which the client described as an invaluable experience during a challenging time.

Overall, these testimonials reflect the high level of professionalism and expertise that NIDAAN Intelligence Services brings to each assignment. Previous clients commend the firm not only for the outcomes achieved but also for the ethical approach and discretion maintained throughout the investigative processes. Such endorsements serve to instill confidence in prospective clients, reinforcing the choice of NIDAAN as a reliable partner in private investigation needs.

Investment and Value of Private Investigation Services

In the realm of private investigation services, understanding the financial commitment involved is crucial for potential clients. Engaging a private investigator entails various costs that can vary significantly based on the complexity and duration of the investigation. Factors such as the investigator’s expertise, geographical area of operation, and the type of case being handled all contribute to the overall investment needed. Clients must be aware that while the fees may seem substantial upfront, these costs reflect the level of expertise, time, and resources involved in achieving thorough and effective investigations.

The value delivered by professional investigation services extends beyond mere financial considerations. A qualified private investigator employs advanced techniques and tools to uncover information that may not be readily available to the average person. This effort can lead to improved decision-making and resolution of issues that may have plagued clients for years. For instance, in cases involving infidelity, background checks, or corporate investigations, the insights gained can foster a sense of security and peace of mind, validating the investment made.

NIDAAN Intelligence Services (I) Pvt Ltd stands out in the sector, positioning itself as an affordable yet high-quality provider of investigative solutions for clients across India. Their pricing strategy is designed to ensure that clients receive the best value for their money without compromising on quality. By offering a range of packages tailored to specific needs, NIDAAN Intelligence Services enables clients to find an option that fits their budget while still ensuring comprehensive and effective investigations.

In essence, while investing in private investigation services may require a significant financial outlay, the resolution and peace of mind they provide can be invaluable. Choosing a reputable firm like NIDAAN Intelligence Services can yield great benefits, making the investment worthwhile.

How to Contact NIDAAN Intelligence Services

NIDAAN Intelligence Services (I) Pvt Ltd is committed to providing accessible and efficient communication channels for all potential clients seeking professional investigation services across India. If you are interested in learning more about our offerings or require assistance with a specific investigative need, reaching out to us is straightforward.

For direct inquiries, the best way to contact us is through our official phone & whatsapp number, which is +91–9234466631. Our team is available during regular business hours to answer any questions you may have about our services, processes, and pricing. Alternatively, you can send an email to investigation@ncsindia.co.in, where our dedicated support staff will respond promptly to your queries.

In addition to these conventional methods, NIDAAN Intelligence Services has established an active presence on various social media platforms. You can follow us on Facebook, Twitter, and LinkedIn, where we regularly post updates regarding our services, industry insights, and informative content that may assist you in understanding the importance of private investigations. Engaging with us on these platforms can also allow for informal inquiries and a better understanding of our capabilities.

If you prefer a more personalized interaction, we invite you to schedule a consultation with our lead investigators. This meeting can be conducted either via phone or in-person at one of our offices located throughout India. During the consultation, we will discuss your specific needs in detail and outline how our services can be tailored to address your unique situation.

In conclusion, contacting NIDAAN Intelligence Services is straightforward through various channels, allowing us to better serve your investigative needs efficiently and effectively. We look forward to assisting you with professionalism and expertise.

Analysing Bail Conditions in India

-Kishan Dutt Kalaskar

A very commonly heard phrase from the Criminal Courts is “Bail is the rule and Jail is the exception”. What’s more common is the conditions imposed with the bail orders, in order to make sure that investigation is not hampered, and trial remains unaffected by the release of the accused. Bail conditions in India are more often the standard stipulations to ensure the accused's attendance and prevent him/her from interfering with evidence or witnesses. It is crucial to understand which conditions for bail mean and how they can interfere with the liberty of a person accused of a criminal offence. The conditions so imposed may be strict or lenient, more dependent upon the nature of offence accused of, and the criminal antecedents. Here is a detailed analysis of bail conditions in India, and how Courts use their discretionary powers while passing orders in this regard.

What are Bail Conditions?

When a Judge allows bail for an accused in a criminal matter, he/she may apply some conditions while passing the bail order. Section 2(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines bail and mentions about imposition of bail conditions. Further, Sections 478, 480 482 and 483 also discuss bail conditions in criminal cases. The said conditions need to be followed by the accused person. In case of violation of bail conditions, the bail order may be revoked and the accused person may be required to get back in custody, until the trial comes to an end. If bail conditions are religiously followed, it may help extend the limited period bail granted by the Court concerned.

Reasons for Conditional Bail

One of the major reasons why some conditions are imposed by the Judge/Presiding Officers in Criminal cases while allowing bail are:

●       To ensure accused’s return to custody

●       Restricting him/her from tampering with evidence

●       To ensure the accused does not commit further offences while being released on bail

●       To make sure accused is present before the Court during the trial

●       That the accused does not interfere with the witnesses in the matter

●       Overall, to ensure compliance with the legal process and administration of justice

Common Examples of Bail Conditions in India

While the Bharatiya Nagarik Suraksha Sanhita mentions the imposition of conditions while granting bail to an accused, it does not particularly suggest the specific conditions. It majorly suggests that the person shall not commit any further offence, not induce/threaten someone related to the case or tamper evidence, be available for investigation, not leave India without Court’s permission and attend the proceedings. Apart from that, it is the discretion of the Court allowing bail, to impose any conditions as necessary for the purpose of upholding justice. Some common examples of bail conditions in India are:

●       Availability for Police investigation as and when required

●       Not to leave the country without getting permission from the Court concerned

●       Not to commit an offence similar to the one for which he/she is released on bail

●       To appear in the Court regularly, as suggested in the bail order, for marking attendance

●       Coordinate and support Police investigation

●       Not to tamper/destroy evidence

●       Not to threaten/induce/dissuade a person related to the matter or a witness in the case

Not-so-Common Bail Conditions imposed by Courts

●       Sharing Live Location (Imposed by Delhi High Court, though the same was taken down by Supreme Court saying it violated privacy rights)

●       In certain cases, to stay away from a particular location where the victim resides

●       Submission of essay on road safety (Which made headlines in Pune Porsche Accident Case)

●       To allow bail only if the victim stood as a surety (Though the same was criticised by the Supreme Court)

●       Accused person apologising to the victim

●       To say “Bharat Mata Ki Jai” by person accused of Pakistan Zindabad slogans

●       Victim in sexual offence to tie a rakhi on accused’s wrist as bail condition (The said condition was found unacceptable by the Supreme Court and eventually scrapped)

●       Downloading Arogya Setu app while constantly keeping the GPS on

With the above examples, it can be seen that the discretionary powers of the Courts has at times been misused. This is the reason why the Supreme Court of India has time and again reminded the High Courts and Courts below to uphold the essence of why bails should be granted. It clarified that very stricter regular or anticipatory bail conditions may undermine the purpose of bail. If bail conditions require the victim to become surety, the person will still remain in jail even after bail orders have been passed in his/her favour. Thus, the Apex Court has batted for bail conditions which endorse the balance between liberty and Justice.

How to interpret bail conditions?

The Court orders allowing bail and imposing conditions are usually written in simple English, which is easy to understand by laymen. However, there may be times when the bail conditions imposed by a Court are not easily understandable by a person who lacks understanding of legal jargon. In such a case, the criminal lawyer representing such a person may be better able to interpret the same in easy language for his/her client. In case the bail order is so confusing that even the lawyer is not able to decode the extent of a particular bail condition, clarity may be sought from the Court itself. In such cases, the Court (usually on the next date) releases a corrigendum editing the bail order passed earlier to bring clarity on the essence of a specific part wherein some words were missing/omitted/overwritten, while still keeping up with the spirit of the original order.

Meta Title - Analysing Bail Conditions in India | Online Legal Query

Meta Description - Here is an attempt to analyse law on Bail Conditions in India, balancing liberty of undertrial accused and preventing interference with justice.

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Anticipatory Bail in Matrimonial Cases

-Kishan Dutt Kalaskar

For anyone who is aware of the reality of more marriages coming to an end, they know the reality of matrimonial cases. While the numbers of divorces are roaring, it is seen that matters take years and years, while parties waste some crucial moments of their life running to and fro from one Court to another. The situation is too bad for husbands, because it is not the divorce cases which bother, it is the criminal matrimonial cases which take a lifetime to decide but suck life out of life. To avoid arrests in false cases is the ultimate resort for many, and that is where anticipatory bail in matrimonial cases comes to rescue.

False Matrimonial Cases

It is a recent trend that whenever a marriage falls off the cliff, and divorce is the only option left, it is quite often that the wife fires back with false cases. As against one genuine divorce case by husband, the wife retaliates with a cruelty case under 498A (S. 85 of BNS), dowry case, and domestic violence case, while seeking maintenance as well. This leads to mental as well as financial loss for the husband and his family. That is why, it is all the more important for safeguarding the interests of husband and his relatives against such false cases, merely for upholding the sense of justice. Anticipatory bail is one such option which seeks to protect the husband and his relatives against arrest in case of apprehension of such false allegations. 

Anticipatory Bail in Cruelty Case (Section 498A of IPC ~ Section 85 and 86 of BNS)

With the new criminal laws in force, Section 498A, though a provision known even to laymen, Section 85 of the Bharatiya Nyaya Sanhita, 2023 is the new 498A which deals with cruelty against married women. Cruelty is a non-bailable offence, and thus, one can apply for anticipatory bail in such a case. 

How to get anticipatory bail in 498A case?

For an anticipatory bail in matrimonial case in a matter of cruelty by husband and relatives against married women, one needs to prove apprehension of arrest and how you deserve to be at liberty. In normal circumstances, the Judge looks at the criminal antecedents and social standing of the husband and his family. Previous conviction weighs against anticipatory bail in matrimonial cases, especially ones convicted for heinous crimes. The discretion of the Court and the ability of a lawyer to convince the Court of prima facie innocence of the husband his family decides the chances of grant of anticipatory bail in 498A case, The Courts are also aware of the recent fashion of false cases against husbands and their family members when marriage comes downhill. Thus, they look at the possibility of tampering evidence, flight risk, etc., and may grant anticipatory bail for genuine cases.

Anticipatory Bail in Dowry Cases

Giving or taking dowry is prohibited under the Dowry Prohibition Act, 1961. Section 8 of the Dowry Prohibition Act, 1961 provides that every offence under the Act shall be cognizable, non-bailable and non-compoundable. It may be noted that the offences under Dowry Prohibition Act were originally bailable, substituted to be non-bailable through an amendment in 1986. Thus, if a person apprehends that his wife may proceed with filing a criminal case for dowry demands, he may apply for anticipatory bail. The main defense for such a case is that they never demanded any dowry from the bride or her family. If the parties are able to convince the Court regarding such apprehension, anticipatory bail in matrimonial case for dowry may be sought before the Court.

Anticipatory Bail in Domestic Violence Case

The provisions of Prevention of Women from Domestic Violence Act, 2005 may bring in civil  as well as criminal consequences. In terms of criminal provisions under the DV Act, while domestic violence is not per-se a non-bailable offence. However, Section 31 of DV Act provides for punishment for breach of interim protection order, and Section 32 mentions the same as a non-bailable offence. Thus, since offence under Section 31 of DV Act is a cognizable and non-bailable offence, one can apply for anticipatory bail in matrimonial case for domestic violence. It may be noted that whenever there is apprehension that the wife may proceed with filing a criminal case for domestic violence against the husband and/or his relatives, they may connect with a criminal lawyer seeking anticipatory bail. 

Conclusion

Here, it can be seen that everything comes upon the lawyers who need to prove before the Court regarding the innocence of their clients, convince about their availability during the trial and investigation, and deny the allegations dropping bombs from the other side. That is where the experience of matrimonial lawyers comes handy for the parties who spent a fortune on getting their children married and see their marital lives falling apart.

Meta Title - Anticipatory Bail in Matrimonial Cases | Online Legal Query

Meta Description - Explore the possibilities of anticipatory bail in matrimonial cases - Section 498 A of IPC now Section 85 of BNS, dowry and DV cases.

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Analysing Bail Conditions in India

-Kishan Dutt Kalaskar

A very commonly heard phrase from the Criminal Courts is “Bail is the rule and Jail is the exception”. What’s more common is the conditions imposed with the bail orders, in order to make sure that investigation is not hampered, and trial remains unaffected by the release of the accused. Bail conditions in India are more often the standard stipulations to ensure the accused's attendance and prevent him/her from interfering with evidence or witnesses. It is crucial to understand which conditions for bail mean and how they can interfere with the liberty of a person accused of a criminal offence. The conditions so imposed may be strict or lenient, more dependent upon the nature of offence accused of, and the criminal antecedents. Here is a detailed analysis of bail conditions in India, and how Courts use their discretionary powers while passing orders in this regard.

What are Bail Conditions?

When a Judge allows bail for an accused in a criminal matter, he/she may apply some conditions while passing the bail order. Section 2(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines bail and mentions about imposition of bail conditions. Further, Sections 478, 480 482 and 483 also discuss bail conditions in criminal cases. The said conditions need to be followed by the accused person. In case of violation of bail conditions, the bail order may be revoked and the accused person may be required to get back in custody, until the trial comes to an end. If bail conditions are religiously followed, it may help extend the limited period bail granted by the Court concerned.

Reasons for Conditional Bail

One of the major reasons why some conditions are imposed by the Judge/Presiding Officers in Criminal cases while allowing bail are:

●       To ensure accused’s return to custody

●       Restricting him/her from tampering with evidence

●       To ensure the accused does not commit further offences while being released on bail

●       To make sure accused is present before the Court during the trial

●       That the accused does not interfere with the witnesses in the matter

●       Overall, to ensure compliance with the legal process and administration of justice

Common Examples of Bail Conditions in India

While the Bharatiya Nagarik Suraksha Sanhita mentions the imposition of conditions while granting bail to an accused, it does not particularly suggest the specific conditions. It majorly suggests that the person shall not commit any further offence, not induce/threaten someone related to the case or tamper evidence, be available for investigation, not leave India without Court’s permission and attend the proceedings. Apart from that, it is the discretion of the Court allowing bail, to impose any conditions as necessary for the purpose of upholding justice. Some common examples of bail conditions in India are:

●       Availability for Police investigation as and when required

●       Not to leave the country without getting permission from the Court concerned

●       Not to commit an offence similar to the one for which he/she is released on bail

●       To appear in the Court regularly, as suggested in the bail order, for marking attendance

●       Coordinate and support Police investigation

●       Not to tamper/destroy evidence

●       Not to threaten/induce/dissuade a person related to the matter or a witness in the case

Not-so-Common Bail Conditions imposed by Courts

●       Sharing Live Location (Imposed by Delhi High Court, though the same was taken down by Supreme Court saying it violated privacy rights)

●       In certain cases, to stay away from a particular location where the victim resides

●       Submission of essay on road safety (Which made headlines in Pune Porsche Accident Case)

●       To allow bail only if the victim stood as a surety (Though the same was criticised by the Supreme Court)

●       Accused person apologising to the victim

●       To say “Bharat Mata Ki Jai” by person accused of Pakistan Zindabad slogans

●       Victim in sexual offence to tie a rakhi on accused’s wrist as bail condition (The said condition was found unacceptable by the Supreme Court and eventually scrapped)

●       Downloading Arogya Setu app while constantly keeping the GPS on

With the above examples, it can be seen that the discretionary powers of the Courts has at times been misused. This is the reason why the Supreme Court of India has time and again reminded the High Courts and Courts below to uphold the essence of why bails should be granted. It clarified that very stricter regular or anticipatory bail conditions may undermine the purpose of bail. If bail conditions require the victim to become surety, the person will still remain in jail even after bail orders have been passed in his/her favour. Thus, the Apex Court has batted for bail conditions which endorse the balance between liberty and Justice.

How to interpret bail conditions?

The Court orders allowing bail and imposing conditions are usually written in simple English, which is easy to understand by laymen. However, there may be times when the bail conditions imposed by a Court are not easily understandable by a person who lacks understanding of legal jargon. In such a case, the criminal lawyer representing such a person may be better able to interpret the same in easy language for his/her client. In case the bail order is so confusing that even the lawyer is not able to decode the extent of a particular bail condition, clarity may be sought from the Court itself. In such cases, the Court (usually on the next date) releases a corrigendum editing the bail order passed earlier to bring clarity on the essence of a specific part wherein some words were missing/omitted/overwritten, while still keeping up with the spirit of the original order.

Meta Title - Analysing Bail Conditions in India | Online Legal Query

Meta Description - Here is an attempt to analyse law on Bail Conditions in India, balancing liberty of undertrial accused and preventing interference with justice.

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The Union Cabinet's recent affirmation of the high-level committee's recommendations for carrying out the "One Nation, One Election" policy marks a crucial point in India's electoral and legal environment. This proposal, also known as simultaneous elections, aims to simplify India's complicated and sometimes staggered electoral process. If fully implemented, considerable changes will be needed to current laws, the introduction of new constitutional provisions, and the defeat of strong political resistance. Here's a thorough look at the policy, the legal issues involved, and the repercussions for India's democracy.

Background and Purpose of "One Nation, One Election"

This notion of "One Nation, One Election" has not been something new in India. From the years 1951 to 1967, elections to the Lok Sabha (House of the People) and State Legislative Assemblies took place simultaneously in the country of India. Political developments, though, such as both state assemblies getting pre-emptively dissolved along with the Lok Sabha, snapped this rhythm. Electoral disengagement made India face nearly continuous elections. At any one time, there is an ongoing or imminent state or national election that exerts intense pressures on apparatus of government, security agencies, and the treasuries of the nation.

Proponents of simultaneous elections claim that it generates a cycle of continual elections, destabilising governance and encouraging excessive use of public resources. Every election necessitates the widespread implementation of the Model Code of Conduct (MCC), which temporarily halts governmental activity and frequently causes developmental initiatives to stall in anticipation of the code's lifting. Furthermore, the elections require a large deployment of security personnel and administrative resources.

The rationale behind making these necessary elections for Lok Sabha, State Legislative Assemblies, and local bodies (panchayats and municipalities) concurrently is to minimize these disruptions and resultant costs. This policy would be two-phased: first, the elections for the national and state legislatures, and secondly within 100 days after the first phase, the elections for local bodies.

Key Legal Provisions and Constitutional Amendments

Constitutional and legal provisions require tremendous changes before the "One Nation, One Election" policy is implemented. The main amendments or insertions in these provisions are as follows:

1. Article 83 (Duration of Houses of Parliament)

• Current Status: Article 83 mentions that the Lok Sabha, unless dissolved sooner, shall continue for five years from the date of its first sitting.

• Proposed Change: Article 83 should be upgraded through constitutional amendment to make sure the Lok Sabha term runs parallel with State Legislative Assemblies except in exceptional circumstances.

2. Article 172 (State Legislatures' Duration)

• Present Scenario: Article 172 speaks about the tenure of the State Legislative Assemblies which also has the same term of five years.

• Changes Propose: Just as Article 83, this article would be amended so that the terms of Lok Sabha and State Assemblies be so brought in line. For example, the term of Lok Sabha ends in 2029; so, does the state assembly, which is constituted after 2024 elections so that their term gets curtailed so that it end in the same year, Lok Sabha goes to polls again.

3. Article 356 (President's Rule)

• Current Status: Article 356 of the constitution allows President's Rule in a state when its governance fails according to constitutional provisions. This normally results in dissolution of the State Assembly.

• Proposed Change: To facilitate coordination, any such new constitutional provisions would have to permit the dissolved state governments that are dissolved before time to continue to exist under some form of central or caretaker administration till such time the next coordinated election is held. This calls for amending Article 356 or inserting temporary provisions within Article 356 to deal with the phases of dissolution of assemblies during uncoordinated periods.

4. Article 85 Dissolution of Lok Sabha

• Present Scenario: Article 85 accords the power to dissolve the Lok Sabha to the President.

• Proposed Amendment: This article needs to be amended in a manner that Lok Sabha elections can only be dissolved under some synchronised conditions so that, other than a national emergency or constitutional crisis, Lok Sabha should not be dissolved mid-term.

5. Article 82A Proposed New Article

• Proposal: The High-level committee has proposed the introduction of a new Article 82A that would be introduced to provide legislative sanction for the process of harmonization of the Lok Sabha and State Legislative Assemblies. This article would delegate authority to the election commission to make recommendations regarding the harmonization process and would elaborate upon the procedure for dealing with exceptions including dissolution before term or the calling of mid-term elections.

Role of Election Commission

The "One Nation, One Election" policy will essentially be carried out by the Election Commission of India. A single authority is expected to undertake these elections, just as it will also be responsible for conducting the exercise of synchronizing of elections. ECI may require additional powers under new constitutional provisions, including Article 82A, with the intention of advising rescheduling elections or partial elections if a state assembly is dissolved prematurely.

A vast and diverse country like India, would also function smoothly under such an electoral scenario wherein multiple elections are held simultaneously, reliant on improvements in logistics, technology, better coordination with state electoral offices, and streamlining of voter rolls across all elections: national, state, and local.

Challenges and Criticisms

While being hailed by sections of the government and administrative experts alike, the idea of "One Nation, One Election" has been most severely criticized by opposition parties and legal experts.

1. Concerns over Federalism

Critics also argue that simultaneous elections go against India's federal framework. Indian democracy works on the strength of its diversity, and the regional orientation of state elections provides for different political manifestations. The Rashtriya Janata Dal and All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) have both argued that simultaneous elections would concentrate political power and make regional parties politically irrelevant.

2. Burden on Voters

Multi-elections at the same time would bewilder voters so that national and local issues become fuzzy. Besides, elections conducted simultaneously would result in a "nationalization" of state elections wherein local concerns will easily be buried under national political debates. Opposers believe that the conduct of separate elections makes it easier for voters to concentrate on the campaign issues of states and locals during their respective elections.

3. Effects on Governance

In the event of hung assemblies or no-confidence motions that result in the early dissolution of legislatures, new elections would be required only for the remaining term of the assembly, which could be logistically difficult. Such scenarios were one of the high-level committee's recommendations, in which temporary governments or the President's Rule were required to keep the boat afloat, albeit those suggestions have raised worries about governance and democratic responsibility.

Conclusion

The recommendations of the high-level committee have now been cleared by the Union Cabinet, but they will require broad-based discussions and amendments to the Constitution before they can be implemented. Such amendments must be passed by a two-thirds majority in both the houses of Parliament and, after that, ratified by at least half of the states as they impact the composition of both Lok Sabha and state legislatures.

The government has promised to organize national consultations as a step toward building a consensus on the issue. It comes with the assurance of Union Minister Amit Shah that the move will not only ease the financial and administrative burden of holding elections frequently but also ensure smoother governance.

While this may be a lengthy process, political parties must express strong resistance to the ability to sustain federalism. And it is here that the administration must overcome these obstacles to determine whether India can revert to the system of simultaneous elections that existed in the early decades following independence.

How to get stay order on rented property?

-Kishan Dutt Kalaskar

As an owner of property, renting the same involves risk of unpaid rents, damage to property, never-leaving tenants, etc. As a person/family, renting a property involves another set of risks, like sudden eviction orders, unjust increase in rent, etc. Sometimes, a situation may arise when the tenancy dispute gets emergent in a way that immediate orders are required from the Court to make the other party act in a way, or to stop them from doing something. This is what we call stay orders in general. Know how to get stay order on rented property and related aspects of laws.

Landlord-Tenant Disputes on Rented Property

When it comes to tenancy disputes, the following may lead to circumstances wherein the parties may seek stay order on rented property:

●       Non-payment of rent

●       Prolonged Stay

●       Forced Eviction

●       Sub-lease disputes

●       Property damage by tenant

●       Property damage not repaired by landlord

●       Unpaid security deposit

What is a Stay Order on Rented Property?

When the Landlord does or attempts to do an act which may harm your legal rights as a tenant in a rented property, you may seek Court orders restraining the Landlord with immediate effect, from acting in such a manner harming your rights. When the Court issues legal orders restraining the Landlord against the action which was pointed out in the application, the same may be termed as Stay orders in general. In legal terms, it is an Injunction order, and the landlord is said to be injuncted by the Court from acting in a certain way. When we talk about stay order on rented property, it is It may be noted that Injunction or Stay Orders are not confined to rented property, or even to matters related to property. An Injunction order may be passed against a person counterfeiting registered trade mark, or someone manufacturing allegedly poisonous products, or even against a marriage which is about to be solemnized against the law.

When to apply for Order of Stay on Rented Property?

When a legal matter is ongoing between the landlord and tenant regarding tenancy, or circumstances so arose that a civil suit is set to be initiated, in both the cases, an application seeking stay order on rented property may be sought. Order 39 Rules 1 and 2 of the Civil Procedure Code 1908 deals with injunctions. The said application seeks injunction till the matter is concluded with the Court’s final decision, so that the state of rented property does not change during pendency of case before the Court. There are specific conditions when an application for stay order on rented property may be initiated before the Court of appropriate jurisdiction. The urgency has to be obvious, and the party should be able to convince the Court of the circumstances which support the issuance of stay orders on rented property against the landlord or tenant, as the case may be.

Conditions for Stay Order on Rented Property

Throughout the years, Courts have come up with different interpretations which eventually laid three rules which warrant the issuance of stay orders:

●       Prima Facie Case

The petitioner/applicant should be able to make a prima facie case before the Court regarding the injustice/harm that he may suffer due to ongoing situation. In other words, the person hearing about the matter should be able to sense the possible damage at first sight.

●       Balance of Convenience

The petitioner/applicant should be able to prove before the Court the grave inconvenience he/she may suffer if injunction orders are not issued with immediate effect. Simplifying the same, the balance of convenience should be in favour of the petitioner/applicant only, and not otherwise.

●       Irreparable Injury

Situation of the matter should be such that in the absence of injunction orders, the petitioner/applicant may potentially suffer injury which may not be repaired/fixed easily. The petitioner/applicant should be able to convince the Court that the consequences of the act pleaded against would be irreversible.

Timeline for Stay Order

Once an application seeking stay order is presented before the Court, the urgency of the matter has to be conveyed to the Court. The Civil Lawyer should be able to convince the Court that if the matter is not heard and if relief is not granted immediately, irreparable damage will be caused and no further relief would be helpful, considering the nature of circumstances, resulting in injustice to the petitioner/applicant. If the Court is convinced, notice may be issued to the opposite party, with the hearing scheduled within a day or two. The application may be decided on merits. If the other party seeks time for filing a written statement, the Court may hear the parties on an interim basis and allow filing of a written statement later. The process may usually take 5-7 days before the question of stay order on rented property is decided by the Court. If the matter is way too urgent based on circumstances so portrayed, the Court may even hear only one party and accordingly issue orders. In that case, an order for stay may be issued the same day or the next day.

What happens if Stay orders are not obeyed?

If the Court has issued a stay order on rented property and the landlord refuses to comply with the same, or vice versa, there is a legal remedy for the same. Order 39 Rule 2(a) of CPC lays that if a person refuses to comply with the injunction order passed by the Court and acts against the same, such an act will be taken as Contempt of Court. It may lead to attachment of property or be punished to imprisonment as well for 3 months.

Meta Title - How to get stay order on rented property | Online Legal Query

Meta Description - Know how to get stay order on rented property against the landlord, when the tenant is facing issues with your stay, or being evicted illegally.

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Condonation of Delay in Cheque Bounce Cases

-Kishan Dutt Kalaskar

While legal remedies are available in the Indian Legal System pertaining to Civil and Criminal matters, the law also specifies the timeline within which, the remedies could be availed by the litigants. The provision for cheque bounce under Section 138 of the Negotiable Instruments Act, 1881 is a special provision, for attaining a criminal garb. There are stricter timelines for taking action for cheque bounce, be it about presentation of cheque, serving legal notice, or initiating a complaint. The law regarding condonation of delay in cheque bounce cases has been discussed here.

Timelines under Section 138 of NI Act

When a cheque is presented for encashment before a bank, and the same is returned unpaid due to insufficiency of funds or other reason as per Section 138 of the Negotiable Instruments Act, 1881, a legal notice has to be served to the drawer of cheque within 30 days of receiving the memo from the bank. The said cheque bounce notice particularly provides a period of 15 days for the drawer to make payment of the said amount which was owed through the dishonoured cheque. If payment is not cleared within the said 15 days, cause of action to proceed with legal action under Section 138 of NI Act commences from 16th day. Now, the criminal complaint has to be made within 30 days.

Condonation of Delay under The Limitation Act, 1963

While the statutory limitation is provided in most of the cases, which brings a time limit for legal remedies. Section 5 of the Limitation Act provides for extension of prescribed period. Applications for condonation of delay need to specify the reasons which restrained the petitioner/applicant/complainant/appellant from approaching the Court within the given time. If the Court finds the same to be sufficient cause of delay, it may allow condonation.

Condonation of Delay under Negotiable Instruments Act, 1881

The limitation period for taking cognizance of complaint under Section 138 of NI Act has been provided under Section 142 of the same. Section 142(b) clearly states that “such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138”. This makes it clear that a cheque bounce complaint has to be made within 30 days if payment is not made after legal notice is served.

However, the proviso to Section 142(b) states that “Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period”. In other words, condonation of delay in cheque bounce cases may be allowed, if the Court is satisfied of the sufficient cause due to which the delay was caused in filing the complaint. The reasons could be the drawer of cheque convincing the payee of making payments, or the health issues faced by the complainant, etc.

Judgments on Condonation of Delay in Filing Complaint under Section 138

●       Birendra Prasad Sah v. State of Bihar and Anr (8th May, 2019)

The Supreme Court of India allowed condonation of delay in cheque bounce case while admitting that sufficient cause was shown by the complainant for the delay caused in filing the complaint as reflected in the queries to the postal department regarding receipt of first legal notice, which was eventually followed by serving second legal notice. The Apex Court therefore restored the complaint under Section 138 of NI Act.

●       Pawan Kumar Ralli v. Maninder Singh Narula (11th August, 2014)

In this case, the High Court had quashed a cheque bounce case under Section 138 of NI Act stating delay in filing the complaint. The Supreme Court noted that the complainant had first served a handwritten notice, which was well within time, and followed by a legal notice through advocate, which went beyond the limitation. The Apex Court said that the High Court should have considered the first notice since it complied with the mandate for legal notice under Section 138 of NI Act. Even otherwise, the Court sought restoration of the matter quashed by the High Court, while ordering an application for condonation of delay in cheque bounce case.

●       Subodh S. Salaskar vs Jayprakash M. Shah (1st August, 2008)

In this case, two post-dated cheques which were issued in 1996, were presented before the bank in 2001. While there was delay in filing a complaint under Section 138 of NI Act, there was absence of any application seeking condonation of delay in cheque bounce case. Thus, the Supreme Court found the case malicious, refused restoration of the matter and found the provisions of cheating under Section 420 of Indian Penal Code, 1860 attracted against the applicant.

●       M/S Saketh India Ltd. v. M/S India Securities Ltd. (10th March, 1999)

The matter herein pertained to the delay in filing complaint under Section 138 of the Negotiable Instruments Act, 1881. The Supreme Court in this case clarified that “Ordinarily in computing the time, the rule observed is to exclude the first day and to include the last. Applying the said rule, the period of one month for filing the complaint will be reckoned from the day immediately following the day on which the period of 15 days from the date of the receipt of the notice by the drawer, expires.” It clarified that the limitation period starts on expiry of the 15 day period after receipt of legal notice by the drawer of cheque.

Written by: Advocate Kishan Dutt Kalaskar

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Meta Description - Find out what the law provides regarding condonation of delay in cheque bounce cases, and why an application is a must in this regard.

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