നിയമദര്ശി ONLINE BOOKLET 2014(2) - PDF FILE
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Saturday, May 24, 2014
Wednesday, May 14, 2014
MONEY LENDING LICENSE IN KERALA
Operation KUBERA - the 2014 action of Kerala Police to book illegal money lenders made the money lenders who are doing the business without license to run from pillar to post.There are instances where some people are using this as an occasion to file a petition against the money lender, whom they owed and thereafter, to get rid of the liability for ever.
However, if proper steps are taken, money lending business can be conducted legally, in all sense.
The Kerala Government legislated Kerala Money-lenders Act, 1958 to regulate the business of money lenders.
The details of legal formalities-
Sec 3. Money-lender to obtain licence.― (1) From the date on which the provisions of this Act are brought into force in any area, no person, firm or joint family [18].[“or
unincorporated association of individuals shall commence or”] carry on or continue business as a money-lender at any place in such area without a licence obtained under this Act or in contravention of the terms thereof:
Provided that nothing in this section shall be deemed to prohibit a person who has applied for a licence to carry on or to continue business as a money-lender pending orders on his application.
(2) Where a money-lender has more than one shop or place of business, whether in the same town or village or in different towns or, villages he shall obtain a separate licence in respect of each shop or place of business.
TABLE OF AMOUNT TO BE DEPOSITED
1. A licensee who lends less than one lakh rupees inan year Five thousand rupees
2. A licensee who lends one lakh rupees or above but
less than five lakh rupees in an year
Ten thousand rupees
3. A licensee who lends five lakh rupees or above but
less than ten lakh rupees in an year
Fifty thousand rupees
4. A licensee who lends ten lakh rupees or above, but
less than twenty-five lakh rupees in an year
One lakh rupees
5. A licensee who lends twenty-five lakh rupees or
above, but less than fifty lakh rupees in an year
One lakh and fifty
thousand rupees
6. A licensee who lends fifty lakh rupees or above, in
an year
Two lakh rupees.
Sunday, May 11, 2014
MINORITY COMMISSION ACT 2014 - KERALA STATE
The link below will give the full text of the Act.
KERALA STATE COMMISSION FOR MINORITIES ACT 2014
Monday, May 5, 2014
New directions by Supreme Court of India to expedite the prosecution of cheque cases
New directions by Supreme Court of India to expedite the prosecution of cheque cases
2014 STPL(Web) 291 SC 1
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
2014 STPL(Web) 291 SC
SUPREME COURT OF INDIA
(K.S. RADHAKRISHNAN AND VIKRAMAJIT SEN, JJ.)
INDIAN BANK ASSOCIATION AND OTHERS
Petitioners
VERSUS
UNION OF INDIA AND OTHERS
Respondents
Writ Petition (Civil) No.18 of 2013-Decided on 21-4-2014.
Dishonour of Cheque – Directions issued to Trial Courts
...........................................................................
Para 21.
2014 STPL(Web) 291 SC
SUPREME COURT OF INDIA
(K.S. RADHAKRISHNAN AND VIKRAMAJIT SEN, JJ.)
INDIAN BANK ASSOCIATION AND OTHERS
Petitioners
VERSUS
UNION OF INDIA AND OTHERS
Respondents
Writ Petition (Civil) No.18 of 2013-Decided on 21-4-2014.
Dishonour of Cheque – Directions issued to Trial Courts
...........................................................................
Para 21.
Many of the directions given by the various High Courts, in our view, are worthy of emulation by the
Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments
Act, for which the following directions are being given :-
DIRECTIONS:
(1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the
complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if
the complaint is accompanied by the affidavit, and the affidavit and the documents, if
any, are found to be in order, take cognizance and direct issuance of summons.
(2) MM/JM should adopt a pragmatic and realistic approach while issuing summons.
Summons must be properly addressed and sent by post as well as by e-mail address got
from the complainant. Court, in appropriate cases, may take the assistance of the police
or the nearby Court to serve notice to the accused. For notice of appearance, a short date
be fixed. If the summons is received back un-served, immediate follow up action be
taken.
(3) Court may indicate in the summon that if the accused makes an application for
compounding of offences at the first hearing of the case and, if such an application is
made, Court may pass appropriate orders at the earliest.
(4) Court should direct the accused, when he appears to furnish a bail bond, to ensure his
appearance during trial and ask him to take notice under Section 251Cr.P.C. to enable
him to enter his plea of defence and fix the case for defence evidence, unless an
application is made by the accused under Section 145(2) for re- calling a witness for
cross-examination.
2014 STPL(Web) 291 SC 10
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
(5) The Court concerned must ensure that examination-in-chief, cross- examination and
re-examination of the complainant must be conducted within three months of assigning
the case. The Court has option of accepting affidavits of the witnesses, instead of
examining them in Court. Witnesses to the complaint and accused must be available for
cross-examination as and when there is direction to this effect by the Court.
22. We, therefore, direct all the Criminal Courts in the country dealing with Section 138 cases to follow
the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of
the Negotiable Instruments Act.
23. Writ Petition is, accordingly, disposed of, as above.
------
Criminal Courts all over the country dealing with cases under Section 138 of the Negotiable Instruments
Act, for which the following directions are being given :-
DIRECTIONS:
(1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the
complaint under Section 138 of the Act is presented, shall scrutinize the complaint and, if
the complaint is accompanied by the affidavit, and the affidavit and the documents, if
any, are found to be in order, take cognizance and direct issuance of summons.
(2) MM/JM should adopt a pragmatic and realistic approach while issuing summons.
Summons must be properly addressed and sent by post as well as by e-mail address got
from the complainant. Court, in appropriate cases, may take the assistance of the police
or the nearby Court to serve notice to the accused. For notice of appearance, a short date
be fixed. If the summons is received back un-served, immediate follow up action be
taken.
(3) Court may indicate in the summon that if the accused makes an application for
compounding of offences at the first hearing of the case and, if such an application is
made, Court may pass appropriate orders at the earliest.
(4) Court should direct the accused, when he appears to furnish a bail bond, to ensure his
appearance during trial and ask him to take notice under Section 251Cr.P.C. to enable
him to enter his plea of defence and fix the case for defence evidence, unless an
application is made by the accused under Section 145(2) for re- calling a witness for
cross-examination.
2014 STPL(Web) 291 SC 10
Indian Bank Association and Others Vs. Union of India and Others
Supreme Court Judgements @ www.stpl-india.in
(5) The Court concerned must ensure that examination-in-chief, cross- examination and
re-examination of the complainant must be conducted within three months of assigning
the case. The Court has option of accepting affidavits of the witnesses, instead of
examining them in Court. Witnesses to the complaint and accused must be available for
cross-examination as and when there is direction to this effect by the Court.
22. We, therefore, direct all the Criminal Courts in the country dealing with Section 138 cases to follow
the above-mentioned procedures for speedy and expeditious disposal of cases falling under Section 138 of
the Negotiable Instruments Act.
23. Writ Petition is, accordingly, disposed of, as above.
------
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