Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.

Name Change Gazette Online at just Rs.1100

Yes, you got it right. Its not only reasonable but also simple. You can just WhatsApp (Click here) me your request here.

If you are a resident of Maharashtra then you can avail service of changing your Name online (Name Change Gazette) without going anywhere and avail service sitting at home literally.

If you want to change your name through Name Change Gazette on Aadhar Card for any reason being Marriage, Astrology, Numerology, Single Name, Clerical Mistake, Change Surname, etc.

You can now change your First Name or Last Name / Surname without any worries.

All you have to do for Name Change Gazette is provide me following documents on WhatsApp or Email:
1. Aadhar Card
2. Passport Size Photo
3. Signature on Form and Affidavit or any document supporting.
And thats it, your application will be submitted and Gazette for Name Change would be.

You can apply for Name Change Gazette and after approval the new Name will reflect on all your documents such as Aadhar Card, Pan Card, Passport, etc.

You have to fill the following Form and provide us the documents so required and your Name Change Gazette will be published within 2-3 weeks:


Cheque Bounce Law

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Dishonour of cheque popularly known as “Cheque Bounce” is not only a civil wrong but also a criminal offence under section 138 of Negotiable Instrument Act (N.I. Act).

Once Cheque is given by the Drawer to Drawee/Payee then there is presumption of honouring the cheque amount. Hence, when there is a cheque dishonoured by the Drawer then the Drawee can call upon the Drawer legally to pay the cheque amount by way of Statutory Notice.

The Drawer has to pay the cheque amount upon receipt of the said Notice within 15 days and failing which the Drawee/Complainant can file a Complaint against the Drawer/Accused under section 138 of N.I. Act (the Cheque Bounce Case).

Punishment in 138 NI Act : the imprisonment that may be imposed may extend to two years, while fine may extend to twice the amount of cheque.

Online NRI Divorce

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Yes, you heard that right. NRIs or person living aboard can now just apply for divorce in India without physically required to visit our remain present in India.

NRIs can now apply for divorce through someone here in India who will sign for them while they can do the proceedings online through video conferencing.

Such procedure makes it quite convenient for the litigants especially in obtaining Mutual Divorce.

Faria and Co. has undoubtedly have served their NRIs clients in obtaining Mutual Divorce without any hassle or obstacles. Divorce Decree becomes necessary aboard at times for Visa applications, residence visa, remarriage, child custody, etc. And we have delivered our clients the legal services so required by them.

Feel free to reach us for any doubt regarding this article.

SEBI and Proceedings

To reduce ‘unauthorised trades,’ the Securities and Exchange Board of India  (SEBI) has directed agents to hold proof of clients putting orders with them.

Such trades are described as purchase or sell orders positioned through a dealer on behalf of a customer without the latter’s directive or authorisation. The markets regulator said the evidence can be a physical file from the purchaser, a phone recording, electronic mail from a registered mail cope with, a log for internet transactions, file of cellular messages or some other “legally verifiable report”.

“whilst a dispute arises, the burden of proof might be at the dealer to produce the above data for the disputed trades,” goes a Sebi circular.

Many customers permit their agents get entry to to their debts and let them change on their behalf. This results in a whole lot of ambiguous trades. Sebi says it receives several lawsuits from buyers concerning unauthorised trade.

“Sebi within the beyond has taken numerous steps to tackle the threat…Regardless of measures taken, a full-size proportion of investor lawsuits is of the nature of unauthorised trades,” as per the circular.

Brokers say they’re no longer usually at fault. “regularly customers permit us to function their accounts.

However, in the event that they incur losses, they are attempting to dispute the alternate and record a grievance with Sebi. The state-of-the-art directive will help both the broking community and investors. But, the time and price of compliance will growth,” said an reputable with a home brokerage.

Within the modern-day framework, brokers in commodity by-product markets are required to maintain proof of a purchaser placing an order. There’s no such requirement inside the fairness, equity by-product and currency by-product segments.

Sebi says this modern day directive will “further give a boost to regulatory provisions against unauthorised trades and harmonise the requirements across markets”.

Project Registration

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The Real Estate (Regulation and Development) Act, 2016 (“RERA“) which was made effective on May 1, 2016. This Act was introduced in the year 2016 to deal with the problems existing in the real estate sector. RERA registration ensures that these contracts be transparent, which benefits all parties involved. The primary goal of the registration is to safeguard real estate buyers while also increasing investment in the sector.

REGISTRATION-According to SECTION 3, The necessity that the ‘Promoter’ register the real estate project with the Real Estate Regulatory Authority (“Authority”), which falls within the planning areas, is one of the key components of RERA. The Promoter of a real estate project is not entitled to advertise, market, book, sell or offer for sale, or invite anyone to purchase in any way in any real estate project or part of it without first obtaining such registration.

EXEMPTIONS-

Section 3(2) contains certain exemption from registration. It states that notwithstanding anything contained, no registration of the real estate project shall be required-

  • Where the area of the land is supposed to be developed does not exceed 500 square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases,
  • For the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project,
  • Where the promoter has received completion certificate for a real estate prior to commencement of this act.

PENALTIES FOR NON REGISTRATION-In case of non-registration of the real estate project, under Section 59 imposes a penalty of up to 10% of the estimated project cost and in case of continued default, an additional fine up to 10% of the estimated project cost or imprisonment up to three years or both.

Anticipatory Bail in 498A IPC

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Even though the 498A of Indian Penal Code is a non-bailable offence, it does not bar any person from seeking an Anticipatory Bail from it.

Usually, in a case 498A, the main Accused in the FIR are the Husband and his near family.

Anticipatory Bail i.e. pre-arrest Bail, can be sought by any Husband and/or his relatives against whom a FIR is lodged or if they are of information that the FIR is already lodged then they can apply for Anticipatory Bail under section 438 of Criminal Procedure Code.

This Anticipatory Bail can be applied in any District or Sessions Court within the jurisdiction of that Police Station.

Bare Section of 498A

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Section 498A of Indian Penal Code

Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty means”—

(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

How to make changes in a Maintenance Order?

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If the circumstances of any individual receiving or paying such monthly payment for maintenance or interim maintenance change, the Magistrate may make the necessary changes.

Parties may also be involved in civil litigation. The outcome of civil action may necessitate a change or variation in the maintenance order. When it appears to the Magistrate that any order of maintenance should be annulled or changed as a result of a decision of a competent Civil Court, he has the authority to do so.