Others Archives - LegalRaasta Knowledge portal Information on company registration, FSSAI, IEC, MSME, trademark, ISO and registrations Sat, 09 Oct 2021 05:22:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.1 Cash deposit limit in bank https://www.legalraasta.com/blog/cash-deposit-limit-in-bank/ Thu, 07 Oct 2021 09:53:13 +0000 https://www.legalraasta.com/blog/?p=23770 Cash deposit limit in bank Black money has been reported to be growing at a faster rate, which has a direct impact on the Indian economy. To gain control over black money, verification of cash deposits in bank is required. Following demonetization, there is a limitation on depositing large sums of cash in the bank. [...]

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Cash deposit limit in bank

Black money has been reported to be growing at a faster rate, which has a direct impact on the Indian economy. To gain control over black money, verification of cash deposits in bank is required. Following demonetization, there is a limitation on depositing large sums of cash in the bank. The Internal Revenue Service has made measures for the verification of monetary deposits. If someone exceeds the cash deposit limit prescribed by the Reserve Bank of India’s guidelines, the income tax department has the authority to verify the cash deposit.

Definition of cash deposits

Cash deposit is the act of depositing money into a bank or savings account via money transfer, ATM, or bank teller (an employee of the bank). Cash deposit, in general, refers to the act of depositing money with a financial institution for safekeeping. A person can withdraw cash after the transaction is completed.

Why is it required to verify a cash deposit?

The monetary deposit must be verified in order for the government’s records to be accurate. It has been discovered that certain persons in India do not pay income tax to the government. In general, some people never declare the amount that is intended for tax purposes on their bank account or in their tax return.

Black money is defined as money on which the required tax has not been paid to the government. People used to make a large number of cash deposits in the bank without revealing their source of income, but this is now illegal. Because the concept of black money is becoming more prevalent in India, it is vital to verify cash deposits in order to remove it.

Income-tax Act of 1961 provisions for cash deposit limit verification

The Indian government has made provisions for cash deposit verification. The Assessing Officer has the authority to request information related to the verification of cash deposits under “Operation clean money” under section 133(6) of the Income Tax Act, 1961.

The Central Board of Direct Taxes (CBDT) released “Standard Operating Procedure” on February 21, 2017, and each Assessing Officer is required to follow it for cash deposit verification: Every Assessing Officer/AO has been empowered by the CBDT to issue a notice u/s.133(6) of the Income Tax Act for online verification of cash deposits.

What is the purpose of Operation Clean Money?

On the 31st of January 2017, the Income Tax Department initiated “Operation Clean Money” to investigate tax evaders and conduct e-verification of big cash deposits made between November 9 and December 31, 2016. The primary goal of this operation is to check the taxpayers’ cash transaction status during the Demonetization period.

It also attempts to take appropriate legal action if cash transactions do not match the taxpayers’ income tax statements. During the first round, 18 lakh people were identified as having cash transactions and cash deposits that did not match their profile.

If the cash deposit limit exceeds Rs.25 lakh, the PAN card must be verified.

Following demonetization, the Indian government ruled that no one can make multiple cash deposits in bank accounts without first updating his or her PAN card with the bank. Prior to November 9, 2016, the cash deposit limit was Rs 50,000 without a PAN card update. The government issued a circular stating that if a person’s cash deposit surpassed Rs.25 lakh between November 9 and December 30, 2016, the person’s PAN card must be checked.

Online Verification of Cash deposit

Because of the rapid advancement of technology, the Indian government has developed provisions for online verification of cash deposits. Tax authorities and taxpayers both benefit from online verification because it saves time. Verification over the internet. Demonetization data is compared to information in the Income Tax Department database using online verification. It is relatively easy to identify taxpayers whose cash deposits and cash transactions do not appear to match the taxpayer’s profile using online verification. The taxpayer must first register with the e-filing system in order to verify the cash deposit.

  • The taxpayer must first log in to the government’s e-filing portal to complete the registration process.
  • After logging into the portal, the taxpayer must select the “Register yourself” option.
  • The taxpayer must fill out the registration form and then click the “Submit” button.
  • The taxpayer successfully registered himself/herself after submitting the registration form.

Information for Viewing

The PAN holder would be able to see information on cash deposits in the e-filing portal.

The information on cash transactions can be viewed in the following ways by a taxpayer:

  • Logging into the e-filing portal is required for the taxpayer.
  • After logging in, the taxpayer must select the cash transactions option from the compliance segment.
  • The transaction details for the cash deposit will be displayed.

Response Submission

The taxpayer must verify that the bank account is linked to his or her PAN. If the taxpayer certifies that the bank account belongs to him or her, he or she must offer more information. The taxpayer must provide detailed information about the cash source.

Verification of Case

Some instances will be chosen for verification based on risk criteria. If the case is chosen for verification, additional information will be requested, and the response will be sent to the taxpayer electronically. When fresh information, responses, and data analyses are received, the information on the online portal will be updated.

Penalties for non-compliance

In the event of noncompliance, the Assessing Officer can access the PAN holders’ ITS profiles, exercise powers under Section 133(6) with the prescribing authority’s agreement, take survey action under Section 133A, and more. The AO, on the other hand, has the option of filing a criminal complaint under section 269SS or section 269T of the Act.

Approval and Closure

Assessing officials have the authority to close a person’s records following proper verification and approval from the relevant authorities. For transactions under Rs.10 lakh in tier-1 cities, the applicable authority is the Additional/Joint CIT. The AO should consult the Pr. CIT for other cities.

Conclusion

Taxpayers, as well as those who wish to make a cash deposit in a bank, must have complete information about the cash source. If a cash transaction exceeds the amount prescribed by the Reserve Bank of India, it is important to verify the cash deposit. Verification of cash deposits is necessary to eradicate black money from Indian society. No one can escape a single tax if suitable guidelines for cash deposit verification are established.

 

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Five ways to Secure Your Child’s future through mutual funds. https://www.legalraasta.com/blog/mutual-funds/ Wed, 03 Feb 2021 08:11:18 +0000 https://www.legalraasta.com/blog/?p=22691 What is Mutual Fund? A scheme in which money is collected from people and invested in various asserts, such schemes are called mutual funds. These. Funds are usually invested in financial securities like shares and money market instruments like certificate of deposit and bonds. Or in other words Mutual fund is like a trust pool [...]

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What is Mutual Fund?

A scheme in which money is collected from people and invested in various asserts, such schemes are called mutual funds. These. Funds are usually invested in financial securities like shares and money market instruments like certificate of deposit and bonds. Or in other words Mutual fund is like a trust pool where investor with same interest invest money.

Types of Mutual Funds.

Mutual funds are of various types depending upon how they invest. Given below are some of its types in details.

  • Open-ended- An open-ended mutual fund is a pooled assets which allows withdraw and new investment from pool to investors which results into theoretically having unlimited number of potential share outstanding. IN open-ended mutual funds shares are not traded on exchanges, they are priced at their portfolio’s net asset value (NAV) at end of each day. Open-ended funds are always open for investment hence the name open-ended mutual funds as long as the buyers wants them. If any new buyer purchases the shares it creates new -replacement-shares and if any existing investor sells the shares it takes them out if circulation. When fund investor management feels that the fund assert have raised to quiet a larger amount it gets closed for new investors.
  • Closed-end -IPO (Initial public offering launches the closed -end mutual fund and sell it in open market. The closed-end Mutual funds are traded on exchange and are more liquid. Closed-end funds invest in stocks, securities or in real estates. Closed -end mutual funds are priced once a day
  • Interval- An interval fund is a type of closed-end Mutual fund that allows to investors to buy mutual funds periodically from shareholders. Shareholders usually do not require to sell their shares. It gives high returns to investors   and can be sold back to fund at NAV .Fees of interval mutual funds are higher liquidity is low and product complexity is high as compared to open -end mutual fund.

Know more about Registration of Mutual Fund with SEBI

Depending upon the investment goals mutual funds are further classified into following types

  • Balanced funds – Risk are minimum in this types are a type of mutual fund investment, which is done in both equity as well as fined income securities.
  • Liquid funds – Liquid funds invest in government securities and fixed income bonds
  • Income funds- Risk is maximum in this type and they aim to provide high returns to investors
  • Growth funds- This funds aim capital protection

Based on geography they are classified as

  • Domestic funds
  • International funds
  • Global funds

Structure of A Mutual Fund

  • Sponsor- Any Mutual fund is set up by sponsor or trust, they are like promoter of company they appoints board of trustees ,the assert management committee and also appoints the
  • Board of trustees- Board of trustees are appointed by sponsor to protect the interest of sponsors also to bide all the rules of  Securities Exchange Board of India .Board of trustees should consist of at least four independent directors. Effective management of funds are their one of the major responsibility.
  • Assert Management company (Amc)/fund house- They are responsible for day to day operation and also management of funds for trustees they are appointed by board of trustees 40% of its net worth a should be contributed  by the sponsors.
  • Custodian- One who hold custody of all shares and securities by AMC .He is responsible for the investment accounts of fund house.

How to save child’s future through Mutual funds ?

When it comes to saving your child future it is extremely important to keep below mentioned facts in your mind before investment .So that your child can pursue his/her dreams without any obstacles. Its better to plan from early days as you will have sufficient time to gather funds for your child’s dream Also it will keep you calm as you  would making a small investment from a longer time .Once you start investing ,maintain continuity ,don’t leave it in middle or lapsing

  • Know the Investment target– The approximate cost of getting a degree from foreign college or any higher education costs around INR 30-45lakhs. Keeping in mind the increase in cost after 10-15years the cost can go even higher If your child is planning to do degree course in India and go for further studies then 18-25lakhs would be required. Also if your child wants to step up any kinds of business then some sort of backup will be needed. So be clear with your target before  Don’t just start investing, know your goals, and choose the plans accordingly and wisely to reach your goal. Having a clear idea about your goal is extremely important
  • Make an Investment plan-  Any education loan won’t give you 100% loan you need to arrange for hostel fees and many other charges which does not comes under your education loan scheme. So have at least preparation of 50% of the  total expense
  • Select mode of investment- SIP and lump sum can be one of the choices you can make to save money .One can start SIP and start saving some amount. One can start SIP with a smaller amount of Rs 500. Once your income grows or you are able to manage your expenditure you can take sip top -ups and save more. If you are adding top ups every month, the end product will definitely result into some bigger amount then expected. If in case if you have a large amount and you want to invest altogether than you can choose lump sum.
  • Take a life insurance plan for yourself- Life insurance can be very helpful for your child to pursue his/ her dreams in your absence .So along with education planning life insurance is must for every individual.
  • Use the ultimate tool called SWP- SWP (Systematic withdrawal plan) can be one of the option you can ask your fund house to provide you money on pre –defined intervals. You will be allowed to withdraw the required amount also your funds will keep growing .Also keep reviewing your investment portfolio to avoid bad investment and to stay on a positive note on your investment journey.

Conclusion-

To save your child’s future without any hurdles or problems it is very important to start investing in funds which gives you specific returns when you needs and also increases your investment.  In your absence also your child’s future will be secured and would get to follow his /her dreams and passion without worrying about the capital needed. The earlier you start the more time you will have to cherish their dreams  ,along with investment in different funds it is   important to maintain continuity investment and set long term clear goals ,as being a parent you would always want best for your children’s, and for best you would need capital  for securing your child future so invest in various funds and built your mutual fund portfolio by adding various types of funds which will help in reducing the risk of losses and increasing the profits ,

Note- before investing in mutual funds or building your portfolio ensure your Risk tolerance and learn about the various funds available in the market and invest according to your needs so that your investment does not fall short for your child’s future.

We provide all kinds of legal services like Trademark RegistrationCompany RegistrationFSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

Related Links

New SEBI Regulation for Senior Directors

Reduction in Authorised Share Capital Procedure

UTIITSL Services Pan Card, Mutual Fund and Others

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Domicile Certificate for West Bengal and It’s Procedure https://www.legalraasta.com/blog/domicile-certificate-west-bengal/ Mon, 07 Dec 2020 13:07:10 +0000 https://www.legalraasta.com/blog/?p=22193 A Domicile or Residence Certificate is a legal document which is basically a residence proof that is issued by the state government. It is a crucial legal document that is used as proof of residency of a person, who is residing in a specific state. A person who owns a domicile certificate is entitled to [...]

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A Domicile or Residence Certificate is a legal document which is basically a residence proof that is issued by the state government. It is a crucial legal document that is used as proof of residency of a person, who is residing in a specific state.

A person who owns a domicile certificate is entitled to benefits such as education, government-sponsored scholarships, and employment under state quotas. It is also applicable to some job profiles where seats are reserved for local residents or local residents are preferred. They come in handy in several circumstances like wherever we are applying for a seat, etc. Therefore, they are legally important documents. 

Note:

The Aadhaar Card that is issued by UIDAI is not considered valid as a Domicile Certificate. It is because the Aadhaar Card is a proof of identity and is not a residence proof.

A resident needs to possess a domicile certificate which is issued by his/her state government or the union territory for the purpose of availing the benefits which have been mentioned above. Through this article, you will get an insight into how to obtain a domicile certificate in West Bengal. 

Eligibility Criteria For Obtaining The Domicile Certificate

  1. Any person who is an Indian resident and a bonafide resident of West Bengal is eligible to obtain the certificate and avail the services.
  2. The person should either be residing in the state for 15 years or should have a permanent home in West Bengal but is residing someplace else to earn a living.
  3. Any woman who does not have her own home in the state or is not a resident of the state but is married to a man who is a permanent resident of West Bengal is eligible for obtaining a Domicile certificate.

Documents Required For Obtaining Domicile Certificate

For obtaining a legally binding domicile certificate of West Bengal, one has to submit the documents mentioned below:

  1. Aadhaar Card
  2. Age Proof:
  • 10th School Certificate / SSLC
  • Birth Certificate

3.Residence proof

4.Self-Declaration Form
5.Passport-sized photographs – 2 Nos.
6.Duly filled application form
7.Document Proof, in case you have a landowner of the state.

Affidavit For Domicile Certificate

Each applicant needs to submit an affidavit for obtaining a domicile certificate. The affidavit for obtaining the domicile certificate, must be having the following details:

  1. Name, age, and address of the applicant.
  2. The exact period of stay in the address specified in number of months and years.
  3. Name of the father and spouse and other details, if the applicant is a married woman and is not a permanent resident of the state, in which she wants to obtain the domicile certificate.
  4. A self-declaration that states all furnished information and submitted documents are legitimate.
  5. The date on the affidavit
  6. Signature of the applicant

There is no fee as such involved for obtaining a domicile certificate in West Bengal.

Where To Get The Application Form?

You can access the application form via an online portal or from any of the offices mentioned below:

  1. Sub-divisional office.
  2. Tehsil office
  3. District Office
  4. Revenue Department Office
  5. Any other office mentioned by the concerned state government.

OfFice Location & Address

Sub-Divisional Officer,

Room number 46 (General Section),

Norther 24 Pargana,

Barrackpur

Sadar-Sub Division

Hooghly District Magistrate & Collector’s Office

Collectorate Building,

Chinsurah District- Hooghly

Pin- 7212101

Procedure To Obtain a Domicile Certificate

Step 1: Go and visit the Government website.

Step 2: Register or sign up yourself on the e-District portal. In case you have already done this, then login with all the necessary details to access the site.

Step 3: Next, select the “Local Residence (Domicile) Certificate” option mentioned in the List.

Step 4: You can go through the detailed instructions and requirements needed to apply for a domicile certificate. After doing so, click the “Apply” tab to proceed further.

Step 5: On the page that you are redirected to, complete filling your details in the respective blank section.

Step 6: Submit a scanned copy of the documents which have been listed on the site. Once it is over, select the “Submit” option.

Once all the documents are submitted and the required details are established, your application will be processed by government officials. 

How To Download The Domicile Certificate?

  1. The first step is to go to the official e-District web-portal of the West Bengal Government.
  2. Enter your login credentials and sign in to the system.
  3. From the homepage choose the “Approved Application” tab.
  4. A drop-down menu will be displayed on your screen carrying a list of services offered by the portal. Scroll down and select the Domicile Certificate option.
  5. Next, fill in your acknowledgment number to locate your application.
  6. After you find your certificate, you can download it from the dialogue box that appears once you click it.
  7. If you are unable to find your application even after a week or two, you should go and visit your nearest Tehsil office and make an inquiry regarding the status of your certificate. If needed, the applicant also has to visit the Revenue Department regarding the same.

Things To Know About The Domicile Certificate

  • The service for getting a Domicile Certificate is entirely free of cost, and therefore, you do not have to pay any service charge or a processing fee.
  • The whole process will take around 7 working days and in case the certificate is not available within this time span, you should visit either the Tehsil office or the Revenue Department office to make a personal inquiry.
  • You do not have to apply for the certificate again or renew the certificate from time to time because the certificate is valid for life.
  • In case you want to apply for the Domicile Certificate offline, you can access the application forms from:
  1. Tehsildar’s Office
  2. Sub-Divisional Office
  3. Revenue Office
  4. District Collector’s Office
  5. Any other authorities that are assigned the task of handing out domicile certificates by the particular State Government.
  • After you have completed your offline application, you must submit the same to the Sub-Divisional office along with a copy of the required documents and two passport-sized photographs.
  • You can also apply for the domicile certificate through the Common Service Centers which are situated in several parts of the State. Search for the nearest one and approach them for further help regarding the same. 

Processing Time

Domicile Certificates will be issued within 3 working days once the authorities have received the report from D.I.B, North 24 Parganas from Confidential Section at Room No. 27A.

We provide all kinds of legal services like  “LLP registrationPrivate Limited Company Registration, FSSAI License, Nidhi Company Registration” and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle free process.                                                                                                                                                                                              

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Exploring the Legal Rights in Cheque Bounce Cases https://www.legalraasta.com/blog/legal-rights-cheque-bounce/ Wed, 02 Dec 2020 09:22:38 +0000 https://www.legalraasta.com/blog/?p=22147 Cheque bounce cases are very common in India. A bill of exchange drawn upon a particular banker and payable on demand is known as a cheque. A cheque is said to be bounced or is considered to be dishonored when it is presented for payment, however, due to reasons like insufficient balance in the account, [...]

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Cheque bounce cases are very common in India. A bill of exchange drawn upon a particular banker and payable on demand is known as a cheque. A cheque is said to be bounced or is considered to be dishonored when it is presented for payment, however, due to reasons like insufficient balance in the account, expired validity of the cheque among various others, overwriting, the cheque will not be able to clear. Cheque bounce cases are very common before courts in India with close to 40 lakh cheque bounce cases pending as per reports of the Supreme Court.

Cheques can be used in almost all kinds of transactions like re-payment of loan, bills, payment of salary, fees, etc. A huge variety of cheques are processed and cleared by banks on a regular basis. Where a cheque is a negotiable instrument, crossed and account payee cheques are not negotiable by any individual other than the payee.

In Case Where Cheque Is Dishonored 

A cheque is said to be bounced when there is insufficient account balance, expired validity of cheque, and overwriting among other reasons. The cases of cheque bounce are a quite common claims Supreme Court reports. When a cheque is dishonored, the drawee bank is bound to issue a ‘Cheque Return Memo’ immediately to the banker of the payee specifying the reason for non-payment. A bounced cheque notice is a legal document which states the reason for non-payment to the party at time.

The holder or payee is free to resubmit the cheque within three months of the date on it. Here, we will try to analyze the various legal rights involved in the cheque bounce cases. 

Negotiable Instruments Act, 1881- Section 138

This section is the primary law regarding cheque bounce cases. An analysis of the rights and remedies existing in cheque bounce cases is done below:

Resubmission of the Cheque:

In case of cheque bouncing, once informed, the issuer of the cheque has an opportunity to correct the error which has led the cheque bounce and demand the payee to resubmit the cheque for clearance. This action can be taken within 3 months from the date on which the cheque bounced. The bank informs the recipient of the cheque regarding the bouncing of the cheque by issuing a “cheque return memo” which carries the reasons for non-payment of the money stated in the cheque. For an individual to make a claim that is valid, he/she must make sure that they submit the cheque to the bank within three months from the date of its issue, or else, the cheque will expire.

Demand Notice:

In the cheque bounces another time, the recipient of the cheque has an alternative to send a demand notice to the cheque issuer. The demand notice generally asks the issuer to transfer the necessary funds within 15 days. In case the issuer fails to do so the recipient is entitled to file a complaint under Section 138 of the Negotiable Instruments Act. This demand notice needs to be sent within 30 days of receiving the bounced cheque from the bank. The court may consider a delay in case a justifiable reason is given. 

Filing a Complaint:

In case the issuer of the cheque has not reverted to the demand notice or compiled with the terms of the concerned, the recipient has an alternative of filing a complaint within 30 days before the courts. Regarding jurisdiction, the courts that are located in locations, where the cheque was drawn, where the cheque was presented and/or given back by the bank, have jurisdiction. A complaint can be filed under Section 138 against a company. The point to note is that cheques that are issued in the form of gifts are not included in Section 138 of the Negotiable Instruments Act.

Under the complaint being filed and the necessary court fees being deposited with the court, the original documents like a copy of the notice, the original cheque, and acknowledgment receipt must be verified by the Judicial Magistrate First Class. The person filing the complaint has to appear in the court and then he/she will be examined by the Magistrate. The summons for the issuer would be issued by the Magistrate to appear before the Court and in case found guilty, the issuer would be punished with imprisonment or fine under Section 138 of the Negotiable Instruments Act. Also in case, you want to pursue remedies through this method and the civil proceedings as given below, the recipient of such a cheque can also file a complaint regarding cheating under Section 420 of the Indian Penal Code. 

The individual can still file a case regarding cheque bounce after the period of 30 days in case you can give a reasonable justification for the delay. Generally, the cheque bounce case time limit to send the notice is 30 days.

An Alternative Civil Complaint:

The nature of the complaint as described above is like a criminal complaint, which can possibly result in punishment to the defaulter in terms of jail time but often does not result in the recipient of the bounced cheque given back his dues. Therefore, filing a separate civil suit for recovery of the amount due to him would be prudent for the recipient. 

This can be done by filing a summary suit under Order 37 of the Code of Civil Procedure, 1908. A summary suit differs from an ordinary civil suit in as much as it does not grant the defendant a right to defend himself. And to be able to defend himself, the defendant has to seek prior permission of the court. Summary suits are only permissible in the context of matters of recovery. Therefore, in matters of cheque bounce, a summary suit can be filed for the purpose of recovering the money.

Apart from the risk, a defaulter faces regarding jail time or penalty, it is also open to the bank from which the defaulter has issued the cheque to stop the defaulter from using its facilities and to possibly close the account.

How to escape a Cheque Bounce in India?

You may escape a false or baseless cheque bounce case by having good counsel to represent your objective.

We provide all kinds of legal services like “Create Cheque Return Letter, Notice for Bounced Cheque” and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

We provide all kinds of legal services like Trademark RegistrationCompany RegistrationFSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

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Views of Indian Judiciary About Live-In Relationship https://www.legalraasta.com/blog/live-in-relationship/ Tue, 01 Dec 2020 05:12:39 +0000 https://www.legalraasta.com/blog/?p=22140 The idea of a live-in relationship was the one that was neglected by the Indian Society for a very long time. Living together before marriage was considered an offense or crime to the Indian culture formerly. Most significantly, the Hindu Law prefers ‘One man, one wife’ as the most sacred form of matrimony. But as [...]

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The idea of a live-in relationship was the one that was neglected by the Indian Society for a very long time. Living together before marriage was considered an offense or crime to the Indian culture formerly. Most significantly, the Hindu Law prefers ‘One man, one wife’ as the most sacred form of matrimony. But as the society began to evolve themselves mentally, the proceeding generations are ready to accept some refusing practices. For example, if we consider the case of decriminalizing homosexual cohabitation. Recent judgments involving the decriminalizing section 377 and 497 of the IPC, depict how the Indian laws have also evolved along with society.

People need not abide by strict rules while in a live-in relationship. Statistics show that 80% of Indians currently support the concept of a live-in relationship and less than half percent prefer experiencing such a living setup. Dealing with or convincing your family is one of the major troubles that Indian couples had to face. The majority of the couples that are living in such a setup are hiding this fact from their family. Here we will try to analyze what a live-in relationship is, what does a live-in relationship means in India, how does Indian law defines it, and also the provisions. 

 

Defining Live-In Relationship

The concept of a live-in relationship evolves from the growing mindset of people who began to crave a relationship with bo-strings-attached. A living relationship couple is the ones who cohabit, with no expectations being the bottom line. But there exists no legal definition to describe the concept in Indian Law. It is seen as a westernized theory that has very little relevance with the Indian tradition. Therefore, the Supreme Court of India, in several instances has taken the liberty to elaborate on the concept and idea of a live-in relationship through its judgments. It basically differs from a marriage. (Marriage or wedlock or matrimony, is an acknowledgeable union of people socially/ritually). Partners in live-in relationships do not force on obligations. 

There exist no proper explanation in case someone asks whether a live-in relationship is good or bad. It will simply depend on the individual and his/her personality on looking from a different perspective. People tend to believe that while living together they can understand each other better and also for various other reasons, which cannot be denied. 

What does Indian Law mean to say?

In a typical marriage setup, the spouses are assigned various rights and also duties to be performed by either of them. There are various personal laws like Hindu laws, Muslim laws, Christian laws, etc. that tend to govern and also protect the marital bond of a recognized couple. A live-in relationship is an alien concept to the Indian legislature. Therefore, it does not have any legal implications for the couples who are actually considering living together without marriage and just being involved in a relationship. 

Since living relationships do support pre-marital sex, there are great chances of a child being conceived. A child born in such a situation, unlike the successors born out of wedlock, will not have any rights over the inheritance. Apart from this, society treats them as illegitimate children, which would be unacceptable. But the Hon’ble Supreme Court of India freed them from this ill-fate. The Court granted them the status of a legitimate child with the right to property.

Live-in relationships were seen as void-ab-initio legally. However, in a judgment in 1978, such relationships are valid for the very first time because of the Supreme Court. In case the requisites of a marriage like mental soundness, the fulfillment of the legal age of getting married, consent, etc. are all satisfied, the couple is considered to be in a legal live-in relationship. The couple is also considered as married in case they live together for a considerably long period until proven otherwise. 

The apex court has provided five different types of living together in its excellent judgment of Indra Sarma Vs V.K.V.Sarma in 2013. It is also mentioned that relationships with such a setup would fall within the ambit of Section 2(f) of the Protection of Women Against Domestic Violence Act, 2005 that offers an insight into the concerned concept. In a live-in relationship, the facets of the relationship might find a conclusion, irrespective of any decision made by the couple.

Legal Provisions for the Protection of Women in a Live-In Relationship

Couple desire to explore different kinds of lifestyles nowadays. The live-in relationship has become more of a trend these days since they know that the perception of understanding might vary. Though the patriarchal mindset has not been eradicated yet from Indian society, Indian couples widely accept the concept. There were several occasions where women were taken for granted and mistreated. However, they didn’t have any hope for legal remedies in Indian Laws. but as the cases of harassment and violence hiked, the Supreme Court of India decided to offer the victims the relief, produced under the Domestic Violence Act. this act does not mention marriage but as a ‘relationship in the nature of marriage’.

The maintenance right is also a provision that is provided exclusively to married women in the existing personal laws. Still, these laws do not tend to govern anything less than a marriage, the women in a live-in relationship, at any instance, cannot demand maintenance from the male partner. The courts later provided this remedy by widening the scope of support under Section 125. From the Code of Criminal Procedure, criminalizing any man who does not give proper maintenance to the woman is questionable.

Legal Provisions Regarding the Protection of a Child Born in a Live-in Relationship

Mental trauma affects children who are conceived in such a relationship. There might be custody problems or maintenance problems as the child grows. The courts have declared such children to be legitimate. They are provided the right to property, not just ancestral but also self-bought property. Section 125 of the CrPC includes provision for all children who cannot claim remedies in their laws. The Indian law also does not allow the couples living together to adopt a child as per terms laid down by CARA.

Domestic Violence Act, 2005

For the very first time in the Protection of Women from Domestic Violence Act, 2005 (Pwdva), the legislature has acknowledged live-in relationships by providing rights and protection to those females who are not legally married, but rather are living with a male person in a relationship, which is in the idea of marriage, additionally akin to wife, but not equivalent to wife.

Though the live-in relationship is not categorically defined in the Act but left to the court’s interpretation.

We provide all kinds of legal services like Trademark RegistrationCompany RegistrationFSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

Related Links

Delhi marriage certificate – Requirements, Procedure & Charges for registration

Marriage Registration: Procedure, Documents & Timelines

Court Marriage in India: Procedure, Acts, Eligibility & Age

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Passport Renewal: Procedure, Validity & Documents Required https://www.legalraasta.com/blog/passport-renewal/ Tue, 17 Nov 2020 20:14:13 +0000 https://www.legalraasta.com/blog/?p=22123 Passport renewal task is very common among the people traveling to other countries. Passport is mandatory for this purpose. Either it’s a solo trip or a family vacation; a business trip or a visit for medical purposes, a valid passport is a required document that must be held by the particular individual. A passport does [...]

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Passport renewal task is very common among the people traveling to other countries. Passport is mandatory for this purpose. Either it’s a solo trip or a family vacation; a business trip or a visit for medical purposes, a valid passport is a required document that must be held by the particular individual. A passport does not essentially guarantee entry into any foreign country. But it is a prerequisite for traveling outside your native country. Passport is also a proof of identity, age, or address, and not just for travel purposes. 

Passports and Their Validity in India

An Indian passport is valid for 10 years from its date of issue. Both the date of issue and date of expiry is specified in the passport. An Indian passport might consist of 36 or 60 pages according to the desire of the passport holder. Either of the passports can be applied by an individual. There are three kinds of passports in India that an individual can apply for:

  • Regular Passport
  • Diplomatic Passport
  • Official Passport

The validity of the passport must be ensured by a passport holder. He has to check its expiry if you wanted to continue to avail of its benefits. On the expiry of the passport, the holder can renew the same on the Passport Seva Portal. This portal enables the citizens of India to perform any task related to their passport application online with ease.

Documents Required for Passport Renewal

Some documents need to be submitted to the Passport Seva with an application form. The important document that one must be needing for passport renewal will be cited in the Document Advisor on the Passport Seva Portal. The applicant would have to select from the given options the option of renewal to view the documents needed. You will be needing the following documents for passport renewal:

  • Your original old passport
  • Self-attested copies of the first two and last pages of your passport
  • Self-attested copy of the observation page, if any, made by the Passport Issuing Authority.
  • Self-attested copy of the ECR/Non-ECR page.
  • Proof of documents that will eliminate the cause, if any, of issuance of Short Validity Passport (SVP).
  • Self-attested copy of the validity extension page, in case any, of the Short Validity Passport (SVP).

Renewal Procedure

Renewing an expired passport is necessary. Passport Seva provides the public opportunity to apply both online and offline. The application procedure of passports has become relatively convenient with the rapid innovation in technology and total connectivity.

Online Procedure

An individual would have to first register themselves on the Passport Seva portal, for applying for a passport. Once the applicant has come across this step, then he/she will be able to complete a variety of tasks regarding passports effectively. 

Passport Login Registration

Step 1: Visit the official website called Passport Seva.

Step 2: Choose the tab “New User? Register Now”.

Step 3: Next, select a passport office that is nearby your location.

Step 4: Fill up your details.

Step 5: Go through the terms and conditions of the portal and create your Login ID and Password accordingly.

Step 6: Choose the Hint Question and Answer as you wish. This will help you when your login details are lost. 

Step 7: Click on the Register tab.

Step 8: After completing all these steps you would receive an activation link on your registered email. Visit the link to activate your Passport Seva account. 

Step 9: Your account is activated now. Now you can proceed with your application regarding your passport. 

Application For Passport Renewal

The following are steps that you need to follow to submit your application regarding your passport renewal on the Passport Seva portal. 

Step 1: Visit the official website of Passport Seva

Step 2: Click on the “Existing User? Login” icon.

Step 3: Next, select the “Apply for fresher passport/Reissue of passport” tab.

Step 4: Next, complete the form available on the portal.

NOTE: You would have to provide details such as the current address, of their spouse, amongst other required details. You would also need to provide the details of two local references who could be contacted for police verification. You should click on the Validate option and save the form once you are done entering the city or village. The saved file is then uploaded to the same page from where it was previously downloaded. By doing this, the details would automatically be entered in the application form. In the end, you are required to verify all the information to make sure that there are no mistakes in the application form.

Step 5: Go through all your filled information once again before submitting the form. These details cannot be altered once you submit the form, and you may need to start again in case there are any errors.

Step 6: Choose the option “View Saved/ Submitted Application” to schedule an appointment.

Step 7: Online payment is compulsory for booking appointments at the Passport Seva Kendra.

Step 8: Conclude the payment process through any of the accepted modes of payment.

Step 9: In case you are inaccessible to internet banking (including debit or credit card), then you may print an offline challan and complete your payment at any SBI Branch. It may take 2 days for the bank to verify the payment.

Step 10: After completing the application process, select the “Print Application Receipt” tab. This receipt would have all the essential details along with the Application Reference Number. 

The individual must go to the passport office on the scheduled appointment. The individual can even show the SMS that they must have received as proof of their appointment when visiting the Passport Seva Kendra or the passport office. Make sure you don’t miss the appointment and if you do then you have to re-apply for an appointment all over again. 

Once you reach the Kendra, you will be allotted a particular group number. The number will be mentioned on the application form. On calling your number, you have to go with the group and begin the application process. After your application for passport renewal is accepted, you will receive the passport at your registered address within a few working days. You now can use your Passport Login credentials and track the status of your passport renewal application online. 

Reissue vs Renewal

The renewal of a passport is done when the validity of the current passport has expired. Whereas a passport is reissued when either of the following situations occurs: 

  • Lost passport
  • Expired or about to expire passport
  • Stolen passport
  • Damaged or soiled passports 
  • Exhaustion of pages
  • Change in personal details

In case of renewing a passport, the current passport is provided to you as the renewed passport with a changed Expiry Date. And a new passport will be provided to you in case you are applying for the reissue of your passport.  

We provide all kinds of legal services like Trademark RegistrationCompany RegistrationFSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

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