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Showing posts from January, 2023

Navigating Passport Renewal with a Pending Criminal Case

Title credits: HI (Human Intelligence) + AI (Artificial Intelligence #ChatGPT) A pending criminal case can be a daunting obstacle in the passport renewal process, but it doesn't have to put your travel plans on hold.  "The world is a book, and those who do not travel read only one page." - Saint Augustine In India, the Passport Act of 1967 gives the government the authority to deny, impound or revoke a passport if it is in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public. It has been seen that in certain cases, the government has denied renewal or issuance of passports to individuals having pending criminal cases. A Bombay High Court judgement in the case of Nijal Navin Shah vs. State of Maharastra (Criminal Application No. 1193 of 2022) has clarified that an individual with pending criminal cases can renew their passport, subject to checks and ...

Nominee or Legal Heir: Who Gets The Cooperative Housing Society Flat?

The Bombay High Court recently clarified the legal standing of a nominee versus legal heirs in a dispute over a flat in Mumbai. This case, Karan Vishnu Khandelwal v. Hon’ble Chairman/Secretary Vaikunth (Andheri) Cooperative Housing Society Ltd. & Ors. (Writ Petition No. 12468 of 2022 dated 10 November 2022) , highlighted the complexities surrounding property inheritance within cooperative housing societies. Case Background The deceased, MK, was the owner of a flat in a cooperative housing society in Mumbai. During his lifetime, MK had nominated his grandson VK as the nominee for the flat, and this nomination was duly recorded in the society's register. MK passed away intestate (without a will), leaving behind two sons, RK and KK, and his grandson VK, whose father was MK's predeceased son. Following MK's demise, RK obtained a no-objection declaration from his brother KK and claimed a 2/3rd share in the flat. He sought the transfer of this proportionate interest from ...