LR-3 After Supreme Court judgement that car companies cannot forcibly take away a car, some Car Finance companies have found a new way 1) File a false FIR with wrong address 2) Then Police obtains a non bailable warrant from Court informing that accused is not found at address 3) Thereafter, the victim is at mercy of police officer and the Car Finance Company. Perhaps some more law reforms needed here.
Haresh Raichura 3/9/2016
September 4, 2016
Know how some car finance companies invoke police powers to settle civil dues
September 2, 2016
LR-2 Hindu Marriage Laws? Is something wrong about these laws?
LR-2 Marriage Laws: Few decades ago, Hindu Marriage disputes used to be solved by 5 Wise Men (Panchayat) of the caste. They had authority of judges. They used to solve disputes in one or two sitting and if divorces were granted, the spouses used to start living new life within months. The social relations used to remain by and large stable. Then the laws came. The lawyers were benifited but Panchayats were ruined. Now no one obeyed them. Parties choose paths leading to Courts and to chambers of Divorce Lawyers. To make matter worse, the disputes were given colour of criminal law. The parties drag on. Families drag on. Cases drag on. Everyone has forgotten that system of "5 Wise Men of Caste,". At that time customary divorces by mutual consent were signed in one day. Now even for mutual consent Divorce, parties have to drag on in Courts for months and that too with uncertainty of U Turn at last day. I just wonder what were objects of such laws. Why these laws are operating a way that institution of Hindu Marriage itself is under threat of extinction? Do you think that something is wrong in the Hindu Marriage Laws? Is there scope of improvement? Can we do anything to make life easier for newly married people? Why some Divorce cases drag on till parties have crossed age of 60years? I think something is wrong in our laws.
Haresh Raichur 2/9/2016
CA-2 What can be done if someone steals your idea and begins to make money?
1) Suppose I have a commercial idea to make an App by which I can make money.
2) To seek investment or partnership, I discuss my idea to a friend. Friend refuses to become my partner in this venture.
3) He steals my idea. Starts his own company, makes an App suggested on my lines and begins to make money.
4) I feel cheated. I feel oinch. I want to take legal action.
5) The question is which laws are involved here?
I think following laws are involved.
A) Copyright Law. Whenever I create some original work capable of commercial value, my copyright in that work is generated automatically, even if I may not have registered my copyright on it. The laws here are also called intellectual property rights.
B) Evidence Act. I need to prove what I say in court of law as per provision of Evidence Act.
C) Contract Act. If you have done something of commercial value, and if it was not your intention to do it free ( Gratuitously), then you are entitled to be compensated for what you may have done.
D) Law of Tort: If I had shared something in confidence to someone, and if there was an implied duty on him of not to leak and not to take advantage of what I told him in confidence, I may be entitled to claim damages if I can prove breach of duty.
E) The Basic Laws are two 1) No one has right to put you in any kind of damage unless authorised by law to do so. 2) Courts are usually inclined to remove injustice unless they are prevented by lack of Evidence or by express bar of some provision of law.
(C)Haresh Raichur
2/9/2016