LegalCrystal – Blog

Mere obtaining of passport by person from foreign Government is no ground to hold that his citizenship of India automatically ceases.

A person found to be a citizen of India cannot be treated as foreigner as long as the Central Government does not record a decision to that effect under s.2(9) of Citizenship Act. Section 9(2) does not provide for filing of any application by such person. What the section contemplates is the determination of the question of cessation of citizenship by the Central Government and only upon such determination he would be ceased to be citizen of India. Further, the provision for prescribing rules of evidence, having regard to which the question of acquisition of citizenship of another country has to be deter mined, clearly indicates that the order is not to be made on the mere satisfaction of the authority without enquiry as to whether the citizen concerned has obtained a passport of another country. The authority has also to determine as to whether the person has voluntarily acquired foreign citizenship. The enquiry would be quasi judicial in nature and reasonable opportunity must be afforded to the citizen to convince the authority that what is alleged against him is not true. Thus the termination of Indian citizenship does not merely depend upon the action of a foreign country in issuing a passport.

[2007(4) AKAR (NOC) 533 (MAD)=AIR 2007 Madras 187]

BANK CHEQUES TO BOUNCE INTO HISTORY?

[News you can use]

British Bank yet to decide whether to halt use of cheques by 2018!!!!!

British Banks are drawing up plans to stop accepting cheques and instead demand payment by plastic or electronic transfer.

Consumer groups and businesses have attacked the proposals, raising the prospect of a œSave the cheque campaign to protect a 300 year old method of payment.

Although the number of cheques written each day has fallen by nearly two-thirds in the past 20 years, to 3.8m a day, many small traders and older people still rely on cheque books to pay bills. The Payments Council, a panel drawn from the big banks, will vote on December 16 on whether to abolish the cheque. It has prepared for this for two years, already announcing that cheque guarantee cards will be axed in June 2011.

A source close to the panel said œA lot of work has gone into getting ready to do this for 2018 and its pretty certain to go through. The only thing that might delay this is politics. After all, you may have noticed bankers are not exactly popular at the moment.

An announcement confirming the move is expected in January. It would save the banks hundreds of millions of pounds. Cheques cost up to $1 to process-four times as much as electronic payments. Paul Smee, chief executive of the Payments Council, said it had already talked with interested parties about the plan.We will have to show that no one will lose out,. œSo far no group consulted has said 2018 is not feasible. Mapping out how UK might move from a society where cheques are employed for almost 1 in 25 payments to one where there is no need to use a cheque is no small task. One plan is for a town to be picked as UK’s first œcheque-free zone, to test the impact. Chip and Pin card-security systems were piloted in Northampton before becoming mandatory in February 2006[Sunday times London]

1. What is your take on the above subject especially if it is applied to India and other countries globally?
2. How long it may take to implement?
3. How long would it take for the population to adjust to this culture?
4. How far would the people of India & other nations welcome such a new approach?
5. Just imagine the challenge before the Government to make people aware and equip them for new challenges kindly comment.

ENSURE YOU DONT OWN IT

Vehicles Sellers Beware: See to it that Transfer is Recorded

[News you can Use] 

If you have sold your vehicle, dont forget a critical part of the transaction. Transport department officials say every day they encounter cases where people complain that though they have sold their vehicles, they still get notices for traffic violations.

That happens because in most cases, the old vehicle continues to be registered in the sellers name as many are only interested in the monetary transaction.

SELLERS RESPONSIBILITY

Its the sellers responsibility to ensure the transfer of ownership is noted in the registration certificate of the vehicle. In several instances, even educated people sell their ve4hicles without the necessary paperwork and end up in trouble later.

The most common complaints are about traffic violation tickets. These are generated by computers which picks up the address from the transport department records. If a person has not notified the change in ownership to the department, hell continue to receive the notices even though he may have sold the vehicle years ago. Officials say the trouble gets worse if the vehicle is involved in an accident or used for nefarious activities. Even though cases of terrorist activities have not been reported, officials say there are chances that people who buy a vehicle may use it for unethical purposes.

INTIMATE RTO

When a vehicle is sold, it is mandatory on the part of of transferor(seller) to intimate the Regional Transport Officer concerned by sending Form 29 and Form 30 in duplicate. Even the transferee should apply and obtain transfer of ownership within 14 days of the transaction. The delivery note or sale receipt has no relevance as far as Section 50 of the Motor Vehicles Act is concerned.

Transport department officials also said the transaction will be recorded only when both seller and buyer intimate the RTO.

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You are free to share here – If you or your friend/relative had any bitter experience of having sold the vehicle without following proper procedure.

A STORY A DAY

ENRICH YOUR LEGAL KNOWLEDGE

[ under guardians and wards act ]

On one side maternal grand father is claiming the custody of minor children and to appoint him as guardian of the children and the properties. On the other hand the paternal uncle i.e. brother of the deceased father is claiming to appoint him as guardian of minor children and their properties.

The trial court passed the order appointing the paternal uncle as the guardian of minor children and also as receiver of the properties of the minors only on the basis of the wishes and preference of minors who are aged 71/2 and 5 years. Though it was evident from the statement of minors recorded, the same was not voluntary but was tutored by paternal uncle.

The maternal grand father filed a writ petition in the High Court.

The high court after realizing the ulterior motive of the paternal uncle who had not disclosed the material fact such as details of the gold ornaments of the couple and non disclosure of withdrawal of certain money from the two partnership firms [in which the father of the minors was partner] in full and final settlement of the deceased. And also Proper accounts were not produced by the paternal uncle with regard to the income from the plastic bag factory run by the deceased.

Court felt, grand parents will have natural love and affection towards the minor children more over grand father is a retired Head Master, he and his wife are in a better position to spend and dedicate more time and attention to look after the minor children. Whereas the paternal uncle and his wife both are full time employed and as such they find little time or no time to spend and take care of minor children.

Court held the custody of the minor children cannot be decided on legal right of parties but to be decided on the basis of who would best serve the interest of minor children. The paramount consideration is the interest and welfare of the minor children. The welfare of minor includes financial, educational, physical, moral and religious. It is not possible to catalogue exhaustively the factors which contribute to the welfare of the minor. It depends upon the facts and circumstances of each case. [2007(4) AIR kar R 491]

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For those in the habit of talking on mobile phones while driving, here is the wake-up-call. Government is likely to notify a rule soon under which people caught talking and driving would be fined Rs.2,000/- or six months imprisonment or both. The punishment could be suspension of driving license for six months if such acts lead to accidents.

Using hands-free devices or sending and reading text messages while driving will also be counted as offences. A high powered committee has already accepted these measures to curb dangerous driving on roads.

The ministry, which has been fine-tuning the proposal of heavy fine and suspension of driving licence, will soon come out with notification in this regard, empowering traffic police to enforce the provisions strictly. The ministry plans to introduce a sub section 183A in the Motor Vehicle Act which will include these provisions. Articulating the need to implement the provisions quickly, joint secretary in the ministry S K Dash had said at a recent meeting on road safety, Section 183A of MVA will define the mobile phone and also specify penalties for talking on phone while driving.

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1. As a public how do you react/respond?

2. Your Comment on the fine/punishment aspect?

3. Do you suggest Any modification in the rule to be made?

4. Do you feel any additional relaxation/restriction is necessary?

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