27 June, 2011
21 June, 2011
Female Special: :Legal Tip of the Day:-Legal Safeguards to Women from Domestic Violence Under The Protection Of Women From Domestic Violence Act, 2005
Domestic violence is a hidden problem in India, as the home is considered a private space under the control of the male head of the household. Women are seen as traitors by the family when they report violence. Domestic violence can occur in any social and economic context, in affluent and poor households, in developed and developing countries, literate and illiterate, educated and uneducated; all types of women are victims. Violence against women puts huge pressure on a nation’s socio-economic fabric resulting in heavy losses in terms of productivity. Economically dependent women are generally found to be more vulnerable to violence. The Act named The Protection of Women from Domestic Violence Act, 2005 has been enacted to give protection to women from domestic violence. Females has the following rights in domestic violence:-
- Assistance of protection officer, service providers or the other in charge of the nearest PS in registering your compliant and filing an application for relief.
- Receive protection for you and your children from act of domestic violence
- Right to measures and orders protecting you against the particular danger or insecurities you or your child are facing.
- To stay in the house and to seek restrain an other person residing in the same house, from interfering with or disturbing peaceful enjoyment of the house and the amenities, facilities therein by you or your children
- To regain possession of your Stridhan, jewellery, clothes of daily use are other household goods .
- To get medical assistance, shelter, counseling any legal aid
- To restrain the person committing domestic violence against you from contacting you or communicating with you in any manner.
- To get compensation any physical or mental injury or any other monetary loss due to domestic violence
- To file complaint or application for relief under the act directly to the court .
- To get the copies of any statements recorded by any authority is connection with domestic violence.
- The assistance of protection officer or the police to rescue you from any danger.
Regards
Team, Legal Point Foundation
For any Legal query :
Deepak Miglani Advocate(09958086337, 09215514435,36,37)
deepakmiglani@hotmail.com,legalbuddy@gmail.com
.
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Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 50,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.
17 June, 2011
Legal Knowledge::An Acknowledgement
An acknowledgment is an admission of debt, made in writing and signed by a person regarding his liability, made to the creditor or to some other person on his behalf. The acknowledgment is used for supplying evidence of debt or to extend the period of limitation. There is no specific form for acknowledgment and it may be in any form, so far it expresses the acknowledgment of liability of a debt. The words used in the acknowledgment should indicate the existence of relationship of debtor and creditor and it should be clear that the statement has been made with the intention to admit such relationship. The intention to admit relationship either should be expressly in words or it may be inferred from the words used.
The essential requirements of an acknowledgment are as under:
(1) Acknowledgment should be relating to subsisting liability-The acknowledgment should be relating to subsisting liability. It does not create a new right. The words used in acknowledgment should clearly indicate the relationship of creditor and debtor and the intention to admit such relationship. The intention to admit relationship should either be in express words or can be inferred by implication.
(2)Acknowledgment must be made before the limitation period-The acknowledgment must be made before the limitation period as acknowledgment of time barred debt cannot save limitation. However, a person may execute a fresh bond to pay the time barred debt. An acknowledgment does not imply that the debt was not time barred. The plaintiff has to prove that the acknowledgment was made before the expiry of limitation period.
(3) An acknowledgment should be made by the person liable to pay or an agent duly authorised in this behalf-An acknowledgment should be made by the person against whom such right is claimed or by an agent duly authorised in this behalf. Acknowledgment can be made on behalf of a person under disability, by his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment. A partner can acknowledge debt on behalf of the firm and an acknowledgment given by him will be good against other partners of the firm. A karta of the Hindu undivided family can acknowledge on behalf of the family and an acknowledgment by the duly authorised agent of the manager of the family, shall be good acknowledgment on behalf of the whole family.
(4) Acknowledgment of liability must be in writing, signed by the party against whom such right is claimed or by his duly authorised agent in this behalf-The acknowledgment of liability must be in writing signed personally by the party against whom such right is claimed or by his duly authorised agent in this behalf.
To constitute acknowledgment of liability, there must be acknowledgment of liability made in writing signed by the party and that too must be before the expiry of the prescribed period and if there is acknowledgment of liability signed by the party against whom such property or right is claimed, a fresh period of limitation starts from the time of acknowledgment of liability.
The essential requirements of an acknowledgment are as under:
(1) Acknowledgment should be relating to subsisting liability-The acknowledgment should be relating to subsisting liability. It does not create a new right. The words used in acknowledgment should clearly indicate the relationship of creditor and debtor and the intention to admit such relationship. The intention to admit relationship should either be in express words or can be inferred by implication.
(2)Acknowledgment must be made before the limitation period-The acknowledgment must be made before the limitation period as acknowledgment of time barred debt cannot save limitation. However, a person may execute a fresh bond to pay the time barred debt. An acknowledgment does not imply that the debt was not time barred. The plaintiff has to prove that the acknowledgment was made before the expiry of limitation period.
(3) An acknowledgment should be made by the person liable to pay or an agent duly authorised in this behalf-An acknowledgment should be made by the person against whom such right is claimed or by an agent duly authorised in this behalf. Acknowledgment can be made on behalf of a person under disability, by his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment. A partner can acknowledge debt on behalf of the firm and an acknowledgment given by him will be good against other partners of the firm. A karta of the Hindu undivided family can acknowledge on behalf of the family and an acknowledgment by the duly authorised agent of the manager of the family, shall be good acknowledgment on behalf of the whole family.
(4) Acknowledgment of liability must be in writing, signed by the party against whom such right is claimed or by his duly authorised agent in this behalf-The acknowledgment of liability must be in writing signed personally by the party against whom such right is claimed or by his duly authorised agent in this behalf.
To constitute acknowledgment of liability, there must be acknowledgment of liability made in writing signed by the party and that too must be before the expiry of the prescribed period and if there is acknowledgment of liability signed by the party against whom such property or right is claimed, a fresh period of limitation starts from the time of acknowledgment of liability.
Regards
Team, Legal Point Foundation
For any Legal query :
Deepak Miglani Advocate(09958086337, 09215514435,36,37)
deepakmiglani@hotmail.com,legalbuddy@gmail.com
Team, Legal Point Foundation
For any Legal query :
Deepak Miglani Advocate(09958086337, 09215514435,36,37)
deepakmiglani@hotmail.com,legalbuddy@gmail.com
If you want to read the judgement, please contact us on our email id.
Legal India –A Group in Face book
http://www.facebook.com/?ref=home#!/group.php?v=info&gid=331712949260
Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 50,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.
http://www.facebook.com/?ref=home#!/group.php?v=info&gid=331712949260
Our main aim is to remove legal ignorance from our country because legal ignorance is one of the main hurdle in the path of our development. The Legal Tip/Legal News/Legal Alert are tools to spread legal awareness among literates. Approximately 50,000 peoples are receiving this message. Please forward this message to your friends as a contribution to this holy cause.
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