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Blockchain is a system for recording information in a way that makes it difficultor impossible to modify, hack, or defraud the system. Blockchain is a type of distributed technology that records transactions with animmutable cryptographic signature called a hash. This means that if a block in a chain has been changed, it is immediately apparent that it has been tampered with. If hackers wanted to break a blockchain system, they had to change every block in the chain in all distributed versions of the chain. Blockchains like Bitcoin continue to grow as blocks are added to the chain, which significantly increases the security of the information stored. 

In Future, it is not only used for cryptocurrency but also has a wider scope, for IP lawyers to find information on the blockchain that can provide evidence of creation, first use and rights management. The blockchain can monitor the distribution websites that allow material to be recorded and further making the lawyer's job easier. These types of websites help both prevent copyright infringement and impose mitigation measures by providing a time-stamped copy of the work in question (among other things) to help the plaintiff take legal action before the court. 

Blockchain can also improve the buying and selling process of property by maintaining accurate, real-time title records. real estate transactions can be transformed into an efficient and secure process. Financial information can be securely shared with interested parties. Funds will not be released until the transaction is officially completed. Global financial institutions use blockchain to do business. They will expect their lawyers to know about blockchain technology. Different industries will require their lawyers to know which laws apply to blockchain technology. Lawyers, in various capacities, will ultimately determine how the laws will be applied to this new technology. If the government starts using the blockchain, all public documents will be much easier to find. Documents such as birth and death certificates, marriage and divorce papers, driver's licenses and passport information could be quickly and accurately located on the public blockchain. the university and education institution should also implement such a blockchain system to maintain large data of student certificate records which can be verifiable online for life and give the student document authenticity to certify an employer. A blockchain is essentially a digital transaction ledger that is duplicated and distributed across the network of computer systems on the blockchain. Bitcoin was designed to solve this problem by using a specific type of database called a blockchain. More normal databases, like SQL database, have a maintaining person who can modify entries, but. Blockchain is different because no one is responsible; it is managed by the people who use it. Furthermore, bitcoin cannot be tampered with, faked, hacked or double spent the people who own that money can trust that it has some value.

We specialize in legal matters related to property ownership, transfer, and management, particularly in estates and inheritance. Our services include guiding clients in drafting wills and trusts, navigating the probate process, handling estate taxes, and resolving disputes among heirs or beneficiaries. Estate property lawyers ensure that property is distributed according to the deceased person’s wishes while meeting all legal requirements, helping families manage complex legal and financial issues after a loved one’s passing.

By specializing in estate property law, we help clients navigate legal complexities, ensuring that a person’s property and estate are handled as intended, protecting the interests of beneficiaries, and preventing conflicts.

In conclusion, an estate property lawyer is essential for ensuring property is distributed correctly, minimizing legal challenges, and safeguarding the interests of everyone involved in the estate. Their expertise simplifies complex legal and financial matters.

Probate is the legal process of validating a deceased person's will and overseeing the distribution of their estate. This process involves confirming the authenticity of the will, paying off any outstanding debts or taxes, and ensuring that the remaining assets are distributed according to the will’s terms or, if no will exists, according to state law. The probate court supervises this process, ensuring that everything is handled correctly and in compliance with the law.

How a Lawyer Helps with Probate

A lawyer specializing in probate law plays a crucial role in guiding clients through this complex process. They can help by:

1. Validating the Will: Ensuring the will is legally valid and meets all necessary requirements for probate.
   
   

2. Filing Documents: Preparing and filing all necessary court documents to initiate probate proceedings.
   
   

3. Administering the Estate: Helping the executor manage the estate, including identifying assets, paying debts, and distributing property according to the will or the law.
   
   

4. Resolving Disputes: Handling disputes among heirs, beneficiaries, or creditors, often through mediation or litigation if needed.
   
   

5. Minimizing Taxes: Advising on strategies to minimize estate and inheritance taxes, ensuring that the estate is handled efficiently.
   
   

Conclusion

In conclusion, a probate lawyer helps ensure the smooth administration of a deceased person's estate, navigating the legal complexities, resolving disputes, and protecting the interests of all involved parties. Their expertise simplifies the probate process, ensuring that everything is done in accordance with the law.

In recent years, India's banking sector struggled with huge amount of Non-Performing Assets (NPAs), leading to economic stagnation as companies declared insolvency instead of repaying loans. Depreciated assets left insufficient funds, and the previous legislative frameworks lacked effective revival mechanisms. This resulted in a surge in NPAs, affecting both domestic markets and foreign investments. To address this, the Insolvency and Bankruptcy Code (IBC) was enacted in 2016, consolidating the insolvency framework under a single law based on the UNCITRAL Legislative Guide.

Understanding Housing Society Law – And How Legal Experts Can Help You Navigate It

In today's urban landscape, housing societies have become the backbone of residential living. Whether you're a homeowner, a committee member, or a builder, understanding housing society law is essential to ensure smooth, lawful functioning and peaceful coexistence.

Housing society laws govern the formation, registration, and operation of cooperative housing societies. These laws outline the rights and responsibilities of members, management committees, developers, and tenants. Common legal areas include:

• Society registration and by-laws
  
  

• Maintenance and dues disputes
  
  

• Transfer of ownership or membership
  
  

• Builder handover and redevelopment issues
  
  

• General body meeting protocols
  
  

• Audits and financial transparency
  
  

While these rules are meant to protect residents and promote fairness, interpreting and applying them correctly can be complex. That’s where we come in.

As legal professionals, we assist societies and individual members in navigating these challenges. From drafting by-laws, resolving disputes, and representing your interests in legal forums, to guiding redevelopment agreements or ensuring compliance—we provide end-to-end legal support tailored to your needs.

If you're facing a legal issue in your society or just want to ensure your society functions lawfully, don't hesitate to consult a legal expert. A proactive legal approach today can prevent complications tomorrow.

Demystifying Insurance Law – Why Legal Guidance Matters

Insurance is meant to provide peace of mind—whether it’s for your health, vehicle, property, or business. But when it comes to claims, terms, or disputes, the legal side of insurance can often feel anything but simple.

Insurance law governs the relationship between insurers and policyholders. It includes the drafting of policies, the duties of insurance companies, the rights of insured parties, and how disputes are resolved. Some common areas where insurance law plays a critical role include:

• Claim denials and delays
  
  

• Disputes over policy coverage
  
  

• Misrepresentation and non-disclosure issues
  
  

• Subrogation and liability cases
  
  

• Health, life, and motor insurance litigation
  
  

Even a minor misunderstanding of policy terms can lead to rejected claims or financial losses. That’s where having the right legal support can make all the difference.

As legal professionals, we assist clients in reviewing policies, interpreting coverage, negotiating settlements, and—when necessary—litigating claims. Whether you're an individual, a corporate client, or a broker, we help protect your rights and ensure you get the coverage and compensation you’re entitled to.

When it comes to insurance matters, legal clarity can mean financial security. Don’t let paperwork or fine print stand in your way—get legal advice before it becomes a legal issue.

Case Settlement in Lok Adalat – A Faster, Simpler Path to Justice

In a country where courts are often burdened with a heavy caseload, Lok Adalats have emerged as a powerful alternative for resolving disputes swiftly and amicably. Meaning "People's Court," Lok Adalat is a forum where justice meets convenience—and it’s legally recognized under the Legal Services Authorities Act, 1987.

Lok Adalats offer an informal, cost-effective way to settle cases without the long wait or complexity of regular litigation. Common matters resolved include:

• Civil disputes (including property and matrimonial cases)
  
  

• Motor accident compensation claims
  
  

• Bank recovery matters
  
  

• Utility bill disputes
  
  

• Compoundable criminal cases
  
  

One key advantage? No court fees and binding settlements that hold the same value as a court decree. If a settlement is reached, there’s no appeal—saving everyone time, energy, and resources.

As legal professionals, we play a crucial role in helping clients prepare for Lok Adalat proceedings. We guide you through documentation, negotiation strategy, and ensure that your rights are fully protected while working toward a fair compromise.

Whether you're an individual, institution, or business, Lok Adalat can be the smart choice for faster justice—with the right legal guidance by your side.

Arbitration Law – Resolving Disputes Outside the Courtroom

In today’s fast-paced world, many individuals and businesses seek quicker, more private alternatives to traditional litigation. Arbitration offers just that—a legally recognized way to resolve disputes outside the courtroom, while still ensuring a fair and binding outcome.

Under the Arbitration and Conciliation Act, 1996, arbitration provides a structured process where a neutral third party (the arbitrator) hears both sides and delivers a decision that is enforceable like a court judgment. It is commonly used in:

• Commercial and business disputes
  
  

• Construction and real estate matters
  
  

• Employment contracts
  
  

• Cross-border agreements
  
  

Arbitration is confidential, typically faster than litigation, and allows parties to choose their arbitrator and venue—offering flexibility and control over the process.

As legal professionals, we help clients at every step—right from drafting airtight arbitration clauses, selecting qualified arbitrators, representing clients during proceedings, to ensuring enforcement or challenge of awards when needed.

Whether you're entering a contract or already in a dispute, our legal expertise ensures your interests are protected and the process is smooth.

Consumer Rights & Protection Laws – Know Your Rights, Protect Your Interests

In a marketplace full of choices, consumers deserve fairness, transparency, and safety. That’s exactly what Consumer Protection Laws are designed to ensure. The Consumer Protection Act, 2019 empowers every buyer with rights that protect them from unfair trade practices, defective products, and misleading advertisements.

As a consumer, you are entitled to:

• Right to safety from hazardous goods and services
  
  

• Right to information about products and services
  
  

• Right to choose freely without pressure
  
  

• Right to be heard and have your grievances addressed
  
  

• Right to seek redressal through proper legal channels
  
  

Disputes related to defective goods, poor service, online fraud, billing issues, or warranty claims can be taken up in Consumer Commissions at district, state, or national levels, depending on the claim value.

As lawyers, we assist consumers by guiding them through the legal process—drafting complaints, collecting evidence, representing them in forums, and negotiating fair settlements. We also help businesses stay compliant with the law to avoid penalties and litigation.

Whether you're a buyer or a seller, knowing the law and having the right legal support makes all the difference in asserting your rights confidently.

Debt Recovery Laws – Ensuring Fair and Legal Recovery of Dues

In any business or financial relationship, timely payments are essential. However, when debts go unpaid, it can strain operations and cash flow. That’s where Debt Recovery Laws in India come into play—providing legal avenues for recovering outstanding dues efficiently and lawfully.

Depending on the nature and size of the debt, recovery can be pursued under various laws, including:

• The Recovery of Debts and Bankruptcy Act (RDB Act), 1993 – for banks and financial institutions
  
  

• The Insolvency and Bankruptcy Code (IBC), 2016 – for corporate recovery and insolvency proceedings
  
  

• The SARFAESI Act, 2002 – allowing secured creditors to seize and auction assets
  
  

• Civil suits or summary suits under the CPC – for individual or business recoveries
  
  

While these laws are powerful, the process requires proper documentation, legal notices, and strict compliance with procedural rules.

That’s where legal support becomes crucial. As lawyers, we help you assess the best legal route for recovery, draft demand notices, represent you before tribunals or courts, and work toward settlements or enforcement of judgments.

Whether you're an individual lender, a small business, or a large institution—having the right legal strategy can turn a stuck payment into a resolved account.

Intellectual Property Rights (IPR) – Protecting Your Ideas, Securing Your Future

In the modern knowledge-driven economy, ideas are assets. Whether it's a brand logo, an invention, a creative design, or original content—Intellectual Property Rights (IPR) exist to protect your hard work and innovation from misuse or duplication.

IPR laws in India cover several key areas:

• Trademarks – for brand names, logos, and slogans
  
  

• Copyrights – for literary, artistic, and creative works
  
  

• Patents – for new inventions and technological advancements
  
  

• Designs – for aesthetic and functional designs of products
  
  

• Geographical Indications (GI) – for region-specific goods
  
  

Registering your intellectual property not only gives you exclusive rights but also builds brand value and legal protection against infringement.

As legal professionals, we guide creators, startups, and businesses through every stage of IPR—from filing applications and managing registrations to enforcing rights through litigation or settlement when violations occur.

Whether you're an artist, entrepreneur, inventor, or company—protecting your intellectual property is not a luxury, but a necessity. With the right legal guidance, your ideas stay yours.

Andheri, one of the most dynamic and fast-developing areas in Mumbai, is home to a diverse community with a range of legal needs. Whether you’re dealing with property disputes, family law issues, corporate legalities, or any other legal concern, finding the right advocate in Andheri can make all the difference in navigating the complex legal system.

In this blog, we’ll guide you through how to choose the right advocate in Andheri, highlight the types of legal services available in the area, and tag some reputable lawyers nearby who can assist you in your legal matters.

Why You Need an Advocate in Andheri

Andheri, strategically located between the western and eastern suburbs of Mumbai, serves as a hub for professionals, entrepreneurs, and residents alike. With its growing commercial and residential developments, legal issues are becoming more prevalent. Whether you're facing a legal matter related to property, business, or family law, it is essential to consult a local advocate who understands the nuances of Mumbai's legal system and can provide expert advice tailored to your needs.

Key Considerations When Choosing an Advocate in Andheri

Expertise in Your Area of Concern The first step in finding an advocate is determining the type of legal issue you’re facing. Andheri’s legal professionals specialize in various fields, including:

Civil and Criminal Law: For matters such as property disputes, personal injury claims, or criminal charges.

Family Law: Divorce, child custody, domestic violence, and inheritance disputes.

Corporate Law: Business contracts, mergers, intellectual property rights, and more.

Real Estate Law: Handling property purchases, lease agreements, or disputes with developers.

Finding an advocate who specializes in your particular area of law can expedite the process and improve your chances of a favorable outcome.

Reputation and Experience Look for advocates with a solid reputation in the legal community. Client reviews, success stories, and years of practice can help you gauge the quality of their services. Experienced lawyers in Andheri have likely dealt with cases similar to yours and will know how to approach your situation with the right legal strategies.

Accessibility and Convenience Andheri is a large area, so you’ll want to choose a lawyer who is accessible. Whether you are based in Andheri East or Andheri West, finding an advocate within a reasonable distance from your home or office will make scheduling meetings easier and more convenient.

Personalized Attention You should feel comfortable working with your advocate. The lawyer should listen to your concerns, understand your goals, and provide you with regular updates on the progress of your case. A lawyer who offers personalized attention can better address your legal needs and ensure your case is handled with care.

Notable Lawyers and Advocates in Andheri

Here are some renowned lawyers in and around Andheri who can offer you expert legal assistance:

Adv. Lizna Namavati Known for her expertise in corporate law, Adv. Lizna Namavati helps businesses navigate complex legal matters, including mergers, acquisitions, and intellectual property issues. If you're a business owner in Andheri, she is a great resource for protecting your company’s interests.

Adv. Aziz Wadhwania Specializing in real estate law, Adv. Aziz Wadhwania has a reputation for handling property disputes, contract reviews, and legal documentation. If you’re facing issues related to property ownership or lease agreements in Andheri, Adv. Aziz Wadhwania can help you resolve them efficiently.

AP Namavati & Associates With extensive experience in criminal law, Adv. AP Namavat & Associates is a trusted advocate for those facing criminal charges. Whether it’s defending you in a criminal case or providing guidance in police matters, AP Namavati & Associates expertise ensures you get a fair trial.

AMW Advocates – High Court & Legal Experts, Andheri. AMW Advocates is a dedicated law firm serving Fort, Andheri, and Greater Mumbai. With experienced team offers personalized litigation and legal services including civil, criminal, Insolvency and bankruptcy matters, property disputes, debts recovery disputes & insurance cases, mergers & acquisitions, arbitration, and consumer protection, SME business disputes. Focused on strategic counsel and successful outcomes, AMW Advocates combines legal proficiency with client-centric care.

Legal Services Available in Andheri

Andheri offers a variety of legal services to cater to different needs. Whether you're looking for a lawyer for a one-time consultation or need long-term legal representation, these services are readily available:

Legal Consultations: Initial consultations are typically offered to understand your case and provide you with guidance on the next steps.

Mediation Services: If you're looking for an amicable solution to a dispute, many advocates in Andheri also offer mediation services.

Court Representation: Experienced advocates in Andheri can represent you in various courts, including the Magistrate Court, Sessions Court, and the High Court of Bombay.

How to Get Started

Research and Shortlist: Start by researching advocates in Andheri who specialize in your type of legal issue. You can do this through online reviews, referrals, or legal directories.

Schedule Consultations: Reach out to a few advocates and schedule consultations. Most lawyers offer free or affordable consultations to discuss your case.

Evaluate Compatibility: During the consultation, evaluate if the advocate is attentive to your needs, transparent about fees, and willing to offer ongoing support.

Conclusion

Finding the right advocate in Andheri is crucial for addressing your legal concerns effectively. By considering factors like expertise, experience, and personal rapport, you can find a lawyer who is well-suited to your case. Andheri’s legal professionals offer a range of services, ensuring that you get the support you need no matter the legal matter at hand.

If you're searching for a trusted advocate in Andheri, look no further than the reputable lawyers mentioned above. These professionals are ready to provide expert legal counsel and support in every step of your legal journey.

#Tags: #Advocate in Andheri #Lawyer in Andheri #Legal Services in Mumbai #Family Lawyer in Andheri #Corporate Lawyer in Mumbai #Property Lawyer Andheri #Criminal Lawyer Mumbai

📝 Adverse Possession

* Section 3 of the Limitation Act says that Court will not take cognizance of any suit, which is barred by limitation even if issue of limitation is not taken as a defense. The law of limitation bars remedy but not the right.

* Section 27 of the Act is an exception to the general principle of the law of limitation.

* It conveys that if a person fails to file a suit for recovery of possession, within a period of limitation, his right to recover the possession of that property also extinguishes. If such a situation occurs, the true owner extinguishes his ownership over the property.

📌 Legal Protection to Claim Adverse Possession

* Section 27 of the Act affirms the limitation period to file a suit on the part of the property owner to be 12 years under Article 65 of the Schedule Periods of Limitation First Division – Suits.

After the other party has possessed the property for more than 12 years continuously, no action shall lie against them.

📌 Essentials to Prove Adverse Possession

◾ The Date of Possession

The date on which adverse possession of the property began must be established. This date is critical as it determines the 12-year statutory period required for adverse possession.

◾ Knowledge of Owner

 It is necessary to demonstrate that the true owner had knowledge of the possession and the date when they became aware of it. Additionally, it is essential to establish that immediate neighbors were aware of the possession and the date when they became aware of it.

◾ Peaceful Possession

The possession taken by the trespasser of the property must be peaceful. Any possession which is taken by a person after threatening the real owner of the property does not come under adverse possession.

◾ Lack of Legal Action by the Owner

It must be proven that the true owner did not take any action against the possession despite having knowledge of it. It must be proven that the owner was aware of the possession.

◾ Continuous Possession

 It must be established that the possession of the property was continuous without any interruptions by the owner or any other person

📌 Exceptions to Adverse Possession

Such rule of adverse possession does not apply to following persons:

If the owner is a minor.

If the owner is mentally unwell.

If the owner serves in the armed forces.

◾ Gurdwara Sahib Vs Gram Panchayat Village Sirthala and another, 2014 SC

The Supreme Court held that a suit needs to be filed by a person within 12 years from the date of dispossession on the basis of title under Article 65 of The Schedule's First Division of the Act. The time limit commences from the date when the possession of the immovable property becomes averse to the Plaintiff.

📌 Adverse Possession in Government Properties

* For adverse possession of any Government property the period to claim ownership from the Government or any public organization has been fixed at 30 years by Section 25 of the Act.

* In other words, it is only after 30 years of uninterrupted possession of the person that no action for claims could be filed if the property is owned by the Government.

📌 Criticism

* In the case of Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Ors, 2008 SC

The Supreme Court criticized the doctrine of Adverse Possession by claiming it to be illogical and irrational because it punishes the actual owner for not taking any action within the limitation period and directed the Union of India to reconsider the doctrine.

posted on 01-09-2025

📝 FIRST INFORMATION REPORT (FIR)

📌 Definition of FIR

* FIR is defined under Section 154 of the Criminal Procedure Code (CrPC). However, in the new law under BNSS, the definition and procedure for FIR are elaborated in Chapter 13, Section 173. 

* FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense.

📌 Key Elements of an FIR

·       It must be related to a cognizable offense.

·       It must be provided to a police officer, either orally or in writing or by electronic communication.

·       The information must be recorded in written form and signed by the informant.

·       The informant must receive a copy of the FIR free of cost.

📌 Importance of FIR

◾ Initiates Investigation: The filing of an FIR sets the criminal justice process in motion, authorizing the police to investigate.

◾ Preserves Evidence: Since the FIR is lodged soon after the occurrence of the offense, it helps preserve the details and evidence of the crime.

◾ Legal Safeguard for the Victim: It ensures that the victim has an official document recording their grievance, which is essential for the legal proceedings that follow.

◾ Reference Document: It serves as the foundation upon which the entire criminal case is built, from investigation to trial.

📌 Cognizable and Non-Cognizable Offenses

◾ Cognizable offenses [Section 2(g)] 

These are serious crimes such as murder, rape, robbery, theft, etc. The police have the power to arrest without a warrant and start an investigation immediately.

◾ Non-cognizable offenses [Section 2(o)]

These are less serious crimes, such as defamation or assault, where the police cannot arrest without a warrant and need court permission to investigate.

The registration of an FIR is only mandatory in cognizable cases. For non-cognizable offenses, a complaint can be made to a magistrate who may then direct the police to take appropriate action.

📌 Sections Pertaining to FIR Under BNSS

➡️ Section 173: Information of Cognizable Offenses

◾ (1): Modes of Filing

Information relating to cognizable offenses can be given to police orally or electronically.

If given orally, the police officer must reduce it to writing and read it to the informant.

For electronic FIRs (E-FIRs), the informant must provide a signature within 3 days to validate the complaint.

◾ (2): Free Copy of FIR

A copy of the FIR must be given free of cost to the informant or victim for transparency.

◾ (3): Preliminary Inquiry

For crimes which are punishable with imprisonment upto 3 to 7 years, the police must conduct a preliminary inquiry before registering an FIR.

Permission must be taken from an officer not below the rank of Deputy Superintendent of Police (DSP).

The inquiry must be completed within 14 days of crime.

◾ (4): Recourse for Aggrieved Persons

If the police refuse to register an FIR, the complainant can immediately go to the Superintendent of Police (SP).

If the Superintendent of Police(SP) also does not take any action, the complainant can file an application before a 

➡️ Magistrate for redressalSection 174: Information of Non-Cognizable Offenses

◾ (1): Recording Non-Cognizable Offenses

Information on non-cognizable offenses must be recorded in a book prescribed at the police station.

The informant must be referred to the Magistrate for any further action.

◾ (2): Police Investigation Restrictions

The police cannot investigate non-cognizable offenses without prior approval of the Magistrate.

◾ (3): Powers on Receiving Order of Magistrate

If the Magistrate orders an investigation, the police can exercise powers which were performed similarly in cognizable cases, except for arresting without a warrant.

📌 Essential Contents of an FIR

· Name and address of the informant.

· Date, time, and location of the offense.

· Detailed description of the incident.

· Names of the accused (if known).

· Witnesses (if any).

· Any physical evidence related to the crime.

📌 Who Can File an FIR?

◾ The Victim: The person who has been directly affected by the crime.

◾ A Witness: Any person who has witnessed the crime being committed.

◾ A Police Officer: Even if the police officer comes to know about the commission of a cognizable offense, they can file an FIR.

◾ Any Other Person: Even if they are not directly involved but have knowledge about the crime.

📌 Refusal to File an FIR

· Approach the Superintendent of Police under Section 173(4) of the BNSS 2023.

· File a complaint with the copy of complaint to Superintendent of Police[u/s 173(4)] before a Magistrate under Section 175(3) BNSS 2023, who can order the police to investigate the case.

· Go to the Magistrate under section 223 of the Code.

· Go to the High Court under section 528 of the Code.

📌 Rights of the Informant

◾ Right to Receive a Copy: As per Section 173(2) of the BNSS 2023, the informant must receive a copy of the FIR at no cost.

◾ Right to Approach Higher Authorities: If the police refuse to file an FIR, the informant can approach senior police officers, the magistrate or the High Court.

◾ Right to Correct the FIR: If there are mistakes or omissions in the FIR, the informant has the right to request corrections.

📌 The Process of Filing an FIR

When a crime occurs, the victim or any witness can file an FIR at the nearest police station.

The process involves the following steps:

◾ Reporting the Crime: The individual must inform the police officer in charge of the incident, either orally or in writing.

◾ Recording the FIR: If the information is provided orally, the police officer must write it down and read it back to the informant. The FIR should include all details, such as the date, time, and location of the incident, the nature of the crime, and any known suspects.

◾ Signature of the Informant: After the information is recorded, the informant must sign the FIR. If the informant cannot read or write, they must place their thumb impression after the FIR is read out to them.

◾ Providing a Copy to the Informant: The police must provide a free copy of the FIR to the informant, which is a right under the law.

◾ General Diary Entry: The FIR is entered into the General Diary of the police station and the investigation process begins.

📌 Legal Changes and Recent Updates in the FIR System

◾ Irrespective of Jurisdiction: The new law under BNSS includes a clause that allows an FIR to be filed irrespective of jurisdiction, which was not explicitly mentioned in the old CrPC. This provision enables the filing of an FIR without worrying about the crime’s location.

◾ Introduction of Electronic FIR (e-FIR): With technological advancements, the new law has incorporated the concept of e-FIR. This allows for the online filing of an FIR, making the process more accessible and efficient.

◾ Zero FIR: The concept of Zero FIR, where an FIR can be lodged at any police station regardless of jurisdiction, has been explicitly mentioned in the new law. This provision was introduced to ensure that crimes are reported promptly without the hassle of jurisdictional issues.

◾ Preliminary Inquiry Before FIR: The new law introduces the concept of a preliminary inquiry before registering an FIR for offenses punishable between three to seven years. This inquiry must be completed within 14 days and is meant to determine whether a cognizable offense has been committed.

📌 Types of FIRs

◾ Regular FIR: Filed by the police when information about a cognizable offense is received.

◾ Zero FIR: This can be filed at any police station, irrespective of jurisdiction. Once registered, it is transferred to the relevant police station. This provision helps in emergency cases like sexual assault or accidents.

◾ Cross FIR: When there are counter-complaints filed by both parties involved in an incident, cross FIRs may be registered by the police.

📌 *FIR and False Complaints (Section 227 of BNS 2023)

Filing a false FIR is a serious offense under Section 227 of the Bharatiya Nyaya Sanhita 2023. If an individual knowingly provides false information to a public servant (such as a police officer), they can be punished with imprisonment for up to one year or a fine which may extend to ten thousand rupees, or both. This provision acts as a deterrent against malicious complaints and misuse of the FIR system

📌 Delay in Filing FIR

Though there is no strict time limit for filing an FIR, an unexplained delay in filing can raise doubts about the veracity of the information. Courts generally consider the circumstances surrounding the delay, and it is not always fatal to the case if properly explained.

In Lalita Kumari vs Government of Uttar Pradesh & Ors (2013)

The Supreme Court ruled that the police must compulsorily register an FIR if the complaint pertains to a cognizable offense, irrespective of the time passed since the commission of the offense. However, it also stated that a preliminary inquiry could be conducted in certain cases (such as family disputes or medical negligence cases) to verify the legitimacy of the complaint before filing the FIR.

📌 Landmark Case

◾ Lalita Kumari vs. Government of Uttar Pradesh

A significant case related to the mandatory registration of FIRs is Lalita Kumari vs. Government of Uttar Pradesh. In this case, the Supreme Court ruled that the registration of an FIR is mandatory for every cognizable offense, without any preliminary inquiry. The case emphasized the importance of filing an FIR promptly to avoid the loss of evidence and ensure timely justice.

The Supreme Court also noted that failure to register an FIR can lead to disciplinary action against the concerned police officers. This landmark judgment reinforced the legal obligation to file an FIR for cognizable offenses and set clear guidelines for police conduct.

◾ Case in Progress: Kolkata Rape and Murder of a Trainee Doctor at R G Kar College & Hospital

The R G Kar Kolkata case involves the rape and murder of a trainee doctor, where significant delays in filing the FIR have raised serious concerns. The delay hindered the timely collection of crucial evidence, potentially compromising the investigation. Public outcry over the delay led to protests and demands for accountability, highlighting issues within the criminal justice system regarding the handling of sensitive cases. The Supreme Court is handling the case, and more updates on the court’s actions are expected soon.

📌 Difference between the FIR AND Police Complaint

1) An FIR refers to filing a 'complaint' to the 'police officer-in-charge' by the complainant who is the victim or who is having the knowledge of the occurrence of cognizable offence.

Police complaint means an 'appeal' to the 'magistrate', that includes an allegation of a crime that has taken place.

2) The FIR report is mainly registered by Police officer.

The Police Complaint is mainly made Metropolitan Magistrate.

3) The offence under an FIR is always cognizable in nature.

The offence under police complaint is both, cognizable and non-cognizable.

4) In FIR, there is a prescribed format.

There is no such prescribed format for filing and registering a complaint.

posted on 02-08-2025

📝 Zero FIR under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

* Zero FIR introduced on the recommendation of the Justice Verma Committee after the 2012 Nirbhaya case, it ensures prompt action without delay due to territorial boundaries.

•  The concept of Zero FIR, aimed at ensuring prompt registration of crimes irrespective of jurisdictional boundaries, is a significant feature of criminal procedure in India.  

* Section 173 of BNSS governs the registration of First Information Report (FIR), including the concept of Zero FIR. 

* Any person can report a cognizable offence to the police, either orally or in writing or by electronic communication, at any police station, irrespective of the place where the offence was committed.

* The Zero FIR is recorded with a serial number "0" and subsequently transferred to the police station with jurisdiction for investigation. 

Punishment for Non-Compliance

* Police officers failing to register a Zero FIR for cognizable offences may face penalties under Section 199 (c) BNS (Public servant disobeying direction under law). 

* It provides that Whoever, being a public servant, fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. 

 Landmark Judgments

Lalita Kumari v. Govt. of UP, 2014 SC

 Supreme Court mandated compulsory registration of FIR for cognizable offences, laying the foundation for Zero FIR. 

State of Andhra Pradesh v. Punati Ramulu, 1993 SC

Emphasized that police cannot refuse to register FIR on jurisdictional grounds. 

Satvinder Kaur v. State, 1999 SC

Reinforced the concept of Zero FIR, allowing FIR registration at any police station.

posted on 13-07-2025

📝 The Digital Personal Data Protection (DPDP) Act, 2023, is a landmark Indian law that establishes a legal framework for the processing of digital personal data, balancing individuals' privacy rights with the need for data processing for lawful purposes. It was enacted on August 11, 2023, and operationalized with the release of draft rules in 2025. The Act mandates that businesses, known as data fiduciaries, obtain consent before processing personal data, take measures to prevent data breaches, inform individuals of their rights, and pay substantial penalties (up to ₹250 crore) for non-compliance. 

Key Provisions and Features

Data Protection Principles:

The Act requires data fiduciaries to get explicit, informed consent from individuals before processing their data and to collect only the necessary data for a specified purpose. 

Data Subject Rights:

Individuals, or "data principals," have rights to access their data, request correction or erasure, and withdraw their consent.

Data Fiduciary Obligations:

Businesses must implement security measures, maintain records of data processing, and provide clear notices to individuals about data collection. 

Penalties:

Violations of the Act can lead to significant financial penalties, potentially reaching up to ₹250 crore, based on the severity of the non-compliance. 

Exemptions:

The Act includes exemptions for the State's processing of personal data in certain situations, such as for national security, public order, or preventing/investigating offenses. 

Purpose and Significance

Empowering Citizens:

The DPDP Act empowers citizens by giving them greater control over their digital personal data. 

Balancing Innovation and Regulation:

The framework aims to strike a balance between fostering innovation and regulating data processing to protect personal data in India's rapidly growing digital economy. 

Global Harmonization:

The Act aligns with global data protection standards, such as GDPR, by incorporating principles of consent, transparency, and data minimization while addressing India's specific legal and technological landscape.

posted on 1-9-2025

📝 Caveat under Code of Civil Procedure, 1908

📌 Introduction

* A caveat is a legal notice filed in a court by an individual or entity to preempt any ex-parte order or actions in a proceeding that is anticipated to be initiated against them.

📌 Objectives of Caveat

* It safeguards the interest of a caveator so that any ex parte decree can be avoided.

* It seeks to avoid multiplicity of proceedings.

* By filing of a caveat, a caveator gets a fair chance of being heard.

📌 Essentials of a Caveat Under CPC, 1908

* An application against the person filing the Caveat is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court.

* The caveator shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made.

📌 Process After Filing of Caveat

* According to Section 148A (3) of CPC, where, after a caveat has been lodged, any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.

* Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

📌 When a Caveat May be Lodged

* A Caveat may be lodged after the judgement is pronounced or an order is passed.

* In exceptional cases, a caveat may be filed even before the pronouncement of judgment or passing of an order.

Period of Expiration of Caveat

* According to Section 148A, a Caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged.

📌 Form of Caveat

* No form of caveat has been prescribed under the Code.

A caveat may be file in the form of a petition wherein the caveator has to specify the nature of the application which is expected to be made or has been made.

📌 Rights and Duties of the Caveator

* Sub-section (2) of Section 148A provides that when a caveat has been lodged under sub-section (1), the caveator shall serve a notice of the caveat to the person by whom the application has been made or is expected to be made under sub-section (1).

📌 Rights and Duties of the Court

* The duty of the court arises, once the caveat is lodged and notice is served upon the applicant.

Sub-section (3) of Section 148A provides that after a caveat has been lodged and thereafter any application is filed in any suit or proceeding, the court must serve a notice to the caveator.

📌 Rights and Duties of the Applicant

* Sub-section (4) of Section 148A, directs the applicant to provide a copy of the application made by him along with any other document or paper that may have been filed by him in support of his application to the caveator.

📌 Landmark Case Laws

◾ Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, 1991 Kerela HC

The Kerala High Court held that a caveat is not to be filed by a person who is total stranger to the case. Therefore, a Caveator shall be the party to the case.

◾ Deepak Khosla v. Union of India, 2011 Delhi HC

Delhi High Court that a Caveat under Section 148A of the Civil Code cannot be made in a criminal or a constitutional matter.

posted on 1-9-2025

Stamp Duty & Registration Charges in Mumbai (2025)

What Are They?

• Stamp Duty: A mandatory state tax for property transactions under the Maharashtra Stamp Act. It makes ownership legally valid.
  
  

• Metro Cess: Since April 2022, an additional 1% metro cess applies in Mumbai (and cities like Pune, Thane) to fund infrastructure such as the metro rail.
  
  

• Registration Charges: Fees paid to register property with the sub-registrar. Typically 1% of property value or a flat ₹30,000 for high-value properties.
  
  

Rate Summary

Buyer Type / Location      Stamp Duty    Metro Cess   Effective Stamp Duty    Registration Fee

Male Buyer 

(urban Mumbai)       5% 1% 6%       1% or ₹30,000 

(whichever is lower) 

Female Buyer 

(solo, residential)  4% 1% 5% Same as above 

Joint Ownership (M+F) 5.5% 1% 6.5% Same as above 

Area-Wise Rates

Different zones within Mumbai may attract different stamp duty levels depending on administrative jurisdiction:

• Municipal Limits (urban): 6% (men), 5% (women), 1% registration 

• MMRDA Council / Panchayat / Cantonment: 4% (men), 3% (women), 1% registration

• Gram Panchayat (rural outskirts): 3% (men), 2% (women), 1% registration 

Example Calculations

• Men buying property in urban Mumbai:
  For a ₹1 crore flat → Stamp Duty = ₹6 lakh; Registration = ₹30,000 → Total ≈ ₹6.3 lakh
  
  

• Female buyer (solo):
  Same property → Stamp Duty = ₹5 lakh; Registration = ₹30,000 → Total ≈ ₹5.3 lakh 

Other Special Cases & Updates

• Gift Deeds: Within family—flat ₹200; Otherwise—3% of market value
  
  

• Lease Deed: 0.25% of total rent; Power of Attorney: 5% in municipal areas, 3% in gram panchayat 
  
  

• E-Stamp Certificates: Now available online (from March 2025), easing access to stamp duties. Processing fee is ₹500. Refunds issued within 45 days for overpayment.
  
  

• Document Handling Fee: At registration, there's a ₹40/page fee (up from ₹20) charged by the SRO operator.
  
  

• Tax Deduction: Stamp duty and registration fees can be claimed under Section 80C (up to ₹1.5 lakh), provided it’s a new residential property.

Note: Other additional charges & Legal fee will be charged separately depending on location

https://www.google.com/maps/place/Aziz+Wadhwania+Advocate+High+Court/@19.1535625,72.8295625,17z/data=!3m1!4b1!4m6!3m5!1s0x3be7b7004c081c85:0x1a8a110ad27cc6ab!8m2!3d19.1535625!4d72.8295625!16s%2Fg%2F11xlcjlx35?entry=ttu&g_ep=EgoyMDI1MDgyNS4wIKXMDSoASAFQAw%3D%3D

posted on 1-9-2025