LAW MADE EASY!
KARNATAKA STATE COMMISSION FOR WOMEN
Karnataka State Commission For Women was set up by an Act of 1995 with an objective for achieving all round development of the women. The commission consists of a chairperson and members who are nominated by the Government and few ex-officio members. The chairperson and other members hold office for a period not exceeding 3 years. The functions of the Commission includes:
(a) Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
(b) Present to the Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(c) Make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the State;
(d) Review, from time to time, the existing provisions of the Constitution and other Laws affecting the women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacuna or inadequacies or shortcomings in such legislations;
(e) Take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
(f) Look into complaints and take suo-moto notice of matters relating to:-
(i) Deprivation of women's rights;
(ii) Non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
(iii) Non-compliance of policy decisions, guidelines or instructions aimed at
mitigating hardships and ensuring welfare and providing relief to women and take up the issues arising out of such matters with appropriate authorities.
The other functions of the Commission are:
(a) Call for special studies or investigation into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
(b) Undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impending their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
(c) Inspect or cause to be inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, wherever found necessary;
(d) Fund litigation involving issues affecting a large body of women;
(e) Participate and advice on the planning process of socio-economic development of women;
(f) Evaluate the progress of the development of women under the State,
(g) Make periodical report to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
(h) Involve with voluntary organizations in the State, more particularly women's organizations besides governmental departments and its agencies in the discharging of its functions;
TAX IMPLICATIONS OF A HOME LOAN
For many people buying a home is a dream wish. For some, especially employed with huge pay packets, it is a means of saving on the taxes.
The Income Tax Act allows a person to deduct the total interest paid on the home loan from his or her taxable income, subject to a maximum of Rs 1,50,000. This is available only if you are staying in the house in which you took the loan.
If you have rented out your house property, then the Act allows you to deduct the interest amount from the rental income from the house.
Further a home loanee is entitled to a rebate, to a maximum of 20%, with a ceiling of Rs 20,000/-. However if your gross total income exceeds Rs, 5,00,000/- then you are not entitled for a rebate. The rebate is calculated on the principal amount paid towards loan clearance.
However it should be kept in mind, the tax benefits will not accrue to an assessee, if the property is located in another state. If the property is located in another city, then the benefit on rebate will not be applicable. For a plot of land tax benefits are nil.
The maximum limits of tax benefits are per assessee. So couples, who are joint applicants/joint owners for home loans, can claim respectively, benefits up to the maximum limits.
AMENDMENT (2005) OF HINDU SUCCESSION ACT, 1956
The Hindu succession Act 1956 has been amended in the year 2005. This amendment has brought in revolutionary changes, in the rights of women, in Hindu property.
Sec 6 of Act has been changed almost totally conferring rights on the daughter on par with the son. As per Sec 6, on and from the commencement of the Hindu succession (Amendment) act, 2005, in a joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,
a)Bybirth become a Coparcener in her own right in the same manner as the son.
b)Have the same right in the coparcenery property as she would have had, if she had been a son;
c)Be subject to the same liabilities in respect of the said coparcenery property as that of the son.
And any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference of a daughter of a coparcener. Earlier under section 23 of the Act, female heirs had some limitations to claim partition of the dwelling house occupied jointly by the members of the family. This section has been totally omitted by the 2005 Amendment, and now female heirs are entitled to claim partition. Further Sec 24, which prohibited share to an interstate's heir's widow if she remarried as on the date of succession opens, has been, omitted by the 2005 amendment.
ALL ABOUT DIGITAL SIGNATURE
Digital Signature Certificates are digital /electronic equivalent of paper/physical certificates. A digital certificate can be presented electronically to sign e forms. It can be used to prove your identity, to access information on the Internet or to sign certain documents electronically.
Persons who are authorized under Indian I T Act- 2000 are authorized to issue digital signatures. There are two types of digital signatures issued: class 2 and class 3. Class 2 is usually issued after verifying the identity of a person from a trusted database. Class 3 is of the highest degree and is usually issued after the person is present personally, before the issuing authority. The time to obtain a digital signature may take from 7 to 10 days and the cost of the process may vary from issuing authority to authority. Digital signatures are legally admissible in a court of law.
The digital signatures are usually issued for a period of 1 or two years. It is not mandatory to obtain a Director Identification Number before obtaining a digital signature. A person seriously desiring to start a Company shall posses the Director Identification Number and a Digital Signature.
WHAT IS DIN?
DIN (Director Identification Number) is a unique identification number for a person who is a director of a company or who intends to become the director of a company. It is mandatory for e- filing of certain company related documents. It is even mandatory for directors of Indian companies who are not citizens of India. Hence this is the first pre-equisite for a person intending to set up a company. However a single DIN is enough for a person who is a director of several companies.
The Ministry of Company Affairs grants DIN to individuals. The application can be obtained online. Initially a provisional DIN will be given to an applicant. The provisional DIN can be used for e-filing until DIN is approved and activated by MCA DIN Cell. Once a provisional DIN is obtained, the applicant shall apply to MCA in the prescribed application form along with photographs and duly attested photocopies of identity and residence. The MCA Din Cell will process the form and on approval the DIN confirmation and activation letter will be sent to the applicant. An email will also be sent to the applicant in this regard. The status for the DIN application can be checked in the MCA portal, online.
VOID AND VOIDABLE MARRIAGES
Any marriage solemnized under the Special Marriage Act shall be null and void and may on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if-
(i)any of the conditions of section 4 has not been fulfilled; or
(ii)the respondent was impotent at the time of marriage and at the time of institution of the suit.
Any marriage solemnized under the Special Marriage Act, shall be voidable and may be annulled by a decree of nullity if
(i)the marriage has not been consummated owing to the willful refusal of the respondent to consummate the marriage; or
(ii)the respondent was at the time of marriage pregnant by some person other than the petitioner; or
(iii)the consent of either party in the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872:
Provided that, in the case specified in clause (ii), the court shall not grant, a decree unless it is satisfied-
(a)that the petitioner was at the time of marriage ignorant of the facts alleged;
(b)that proceedings were instituted within a year from the date of the marriage; and
(c)that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree;
Provided further that in the case specified in clause (iii), the court shall not grant a decree if-
(a)Proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b)The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
REGISTRATON OF MARRIAGE
If there is a valid objection to the marriage, the marriage officer shall make an enquiry within 30 days from the receipt of objection and arrive at a decision. If he finds the objection valid, he shall refuse to solemnize the marriage. If it appears to the marriage officer that the objection is not reasonable, he may go ahead by solemnizing the marriage and even impose a cost, on the person making such objection.
Before the marriage is solemnized the parties and the three witnesses shall, in the presence of the marriage officer, sign a declaration, which is to be countersigned by the marriage officer. The parties of the marriage before solemnization shall say to the other, in the presence of the marriage officer and three witnesses, in any language understood by the parties;
"I. (A), take thee (B), to be my lawful wife (or husband)."
When the marriage has been solemnized the marriage officer shall enter the details in the marriage certificate book, which shall be signed by the parties and three witnesses. The certificate shall be the conclusive evidence of the marriage.
EVICTION OF TENANTS
Karnataka Rent Act 1999 provides various grounds, on which a tenant can be evicted from a premises by the Landlord. Every such eviction shall be in pursuance to an order from the competent Court. The Court can order the eviction of a tenant on the following grounds:
a)If a tenant has not paid the whole of the arrears of the rent, within two months from the date on which a notice of demand for payment has been served on him by the landlord.
b)If a tenant, without the consent in writing of the landlord, sublets, assigns or otherwise parts with the possession of the whole or any part of the premises.
c)If a tenant has used the premises for any purpose other than that for which they were let, without the consent of the landlord.
d)If the tenant or any members of his family has not been in occupation thereof for a period of six months.
e)If the tenant has not been in occupation thereof without a reasonable cause for a period of two years.
f)If the premises have become unsafe for human habitation and are required by the landlord for carrying out repairs which cannot be done with out the premises being vacated.
g)If the premises are required by the landlord, for the purpose of immediate demolition, as ordered by the Government or any local authority.
h)If the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be done without the premises being vacated.
The other grounds by which, a tenant can be ordered to be evicted from the rental premises, by a competent court are:
a) If the premises consists of not more than two floors, and the same are required by the landlord, for the purpose of immediate demolition, to rebuild the same.
b)If the tenant, his spouse or dependent living with him, has built or acquired a premises.
c)If the premises were let to the tenant for use as a resident during his employment under the landlord and the tenant has ceased to be in such employment under the landlord.
d)If the tenant has caused substantial damages or alteration to the premises which has the effect of changing its identity or diminishing its value.
e) If the tenant has been convicted with causing nuisance or annoyance to a person living in the neighborhood.
f)If the tenant has been convicted for using the premises for illegal or immoral purpose.
g)If the tenant has used the premises in a manner contrary to any condition imposed on the landlord by the government or the local authority while giving him a lease of the land on which the premises are situated.
The other grounds by which, a tenant can be ordered to be evicted from the rental premises, by a competent court are:
That the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bonafide manner;
That the person in occupation of the premises has failed to prove that he is a bonafide tenant,
That the tenant after having agreed with or having informed the landlord in writing the date to vacate the premise, does not do so on or after the date so agreed or informed;
That the premises let are required, whether in the same form or after reconstruction or rebuilding, by the landlord for occupation for himself or for any member of his family if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation;
Further, when a Government servant or employ of local authority is provided with official quarters and if such servant owns a premises in his work place and he is asked to vacate the quarters on that ground, then he is entitled to immediate possession, of that premises, within 60 days from the date of eviction order.
The members of armed forces are also entitled to recover immediate possession of the premises. The person who has served in the defense and who has let out his house to the tenant is entitled to recover immediate possession of the same.
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