Mentoassociates.com – Legal Articles

Last week we discussed the definition of Domestic violence. Similarly an act or omission, which has the effect of threatening the aggrieved woman, or any person related to her, constitutes domestic violence. The Act provides for registration of voluntary organizations as ‘Service Providers” for the purpose of this Act. An aggrieved person may file an application to the jurisdictional Magistrate seeking various reliefs under the Act. The magistrate shall endeavor to dispose every application within a period of 60 days from the date of hearing.

An aggrieved woman has various reliefs and rights under the Act. Section 17 provides the right to reside in a shared household, whether or not, she has any right, title or beneficial interest in the same.

The Magistrate can pass various protection orders in favour of the aggrieved person prohibiting the respondent from committing acts of domestic violence, prohibiting entering the place of employment of the aggrieved person, prohibiting communication with the aggrieved person, prohibiting alienating assets, operating bank lockers used or held or enjoyed by both the parties etc. Other reliefs under this act include residence orders, monetary reliefs, custody orders, compensation orders, orders pertaining to the custody of children etc.

The Protection of Women from Domestic Violence Act, which came into existence from 26-10-2006, is a remarkable piece of legislation in the history of Independent India. The same is considered as an achievement by various human rights activists and women groups. Domestic Violence is a gender specific violence, which is directed against women, and it occurs within interpersonal relationship. The Act provides more effective protection of the rights of women guaranteed under the constitution, to victims of violence of any kind, occurring within the family. It treats Domestic Violence as a human rights issue. It aims to protect women from domestic violence and to prevent the occurrence of Domestic Violence in the society.

The phenomenon of Domestic Violence is widely prevalent in the society but has remained largely invisible. The Act provides the appointment of ‘protection officers’ and ‘service providers’ in addition to the usual machinery of police and courts to enforce the various provisions of the Act.

Section 3 of the Act defines Domestic Violence. Accordingly, any act, omission, commission or conduct of the person which harms or injures or endangers the health, safety, life, limb or well-being, weather manual or physical, of the aggrieved person, includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse shall constitute Domestic Violence. Further an act or omission which harasses, harms, injures, or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property constitutes domestic violence. ——-(To be continued)

This Act attempts to control the aged old practice of child marriage, which was and even today, prevalent in many parts of India. Accordingly a male has to complete 21 years and a female 18 years to legally marry.

The act provides punishments to those who contract a child marriage. If a male between 18 years and 21 years, contracts a child marriage, he may be punishable with imprisonment, which may extend up to 15 days or with fine, which may extend to 1000 rupees or with both. If a male, above 21 years of age, contract a child marriage, he shall be punishable with imprisonment, which may extend up to 3 months and also shall be liable to fine. Whoever performs or conducts any child marriage shall be punishable with imprisonment, which may extend unto 3 months and also shall be liable to fine. Even the parents or guardians, who support child marriage, are liable to be punished as per this act. It is interesting to note that women offenders are not liable for punishment by imprisonment, as per this act.

The courts are also empowered to issue orders of injunction against persons who are going to perform a child marriage, prohibiting such marriages.

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) By birth become a Coparcener in her on 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.

1) Anekal: Mini Vidhana Soudha, Taluk office compound, Bangalore-562 106

2) Sarjapura: No. 964/1015,Vidhya Nagar, 60th cross, Sarjapura, Anekal, Bangalore-562 125

3) Attibele: No.430, Anna Building, Hennagara Gate, Bommasandra Industrial Area, Hosur Main Road, Bangalore- 560 099

4) Jigani: House No. 459/39/2, Bannerghatta Village, Opp. police Station, Bannergatta, Bangalore-560 083

5) Basavanagudi: 3^rd Main road, Sri Rameshwara Swami Commercial Complex, Chamarajpet, Bangalore-560 018

6) Gandhinagar: 32, Jamuna Complex, 5th main road, Gandhinagar, Bangalore-560 009

7) Jayanagar: 26, House No.2722, 12th main road, 4th block, Jayanagar, Bangalore-560 011

8)Rajajinagar: 1034,5^th block, Rajajinagar, WOC Road, Bangalore-560 010

9) Shivajinagar: BDA Complex, Domlur, Bangalore-560 001

10) Srirampuram: Srirampura Venkateshwara Complex, Vidhyapeeta, Vijayanagar, Bangalore-560 040

11) Kacharakanahalli: No.111, 9th main, 3rd stage, Pillanna Garden, Kacharakanahalli, Bangalore.

12) Hebbal: No.69, Cholanayakana Halli, RT Nagar Post, Bangalore-560 032

13) Peenya: No.488, 2^nd floor, P Block, KIADB Building, 14^th cross, 4th phase, Peenya 2^nd stage, Bangalore-560 058

14) Laggare: No.13, Anandappa building, Laggere Main Road, Parvathinagar Bus stand, Bangalore-560 058

15) Nagarbhavi: No.40, 2^nd stage, 1^st block, Nagarbhavi, Behind BDA Complex, Bangalore

16) Madanayakanahalli: No.1, Madanayakanahalli, Daasanapura Hobli, Bangalore

17) Dasanapura: No.4, Survey No.33/4A, BH Road(NH 4), Devannapalya, Dasanapura, Bangalore North Taluk, Bangalore

 18) Varthur: 1^st floor, BM Complex, Opp. Dharmarayaswamy Temple, Muthsandra Road, Varthur, Blore-560 087

19) Beguru:   No.1105-9C, Begur Village, Bangalore-560 016

20) Bommanahalli:  2^nd floor, 7th cross, 3rd block, Koramangala, BDA Complex, Bangalore

21) KR Puram:  Near Santhemaiden, KR puram, Bangalore-560 066

22) Mahadevapura: No.4, Jatar Circle Road, Whitefield, Bangalore-560 066

23) Banasawadi: No.740/2, BMP Khata No.25, 1st floor, 9th B Main, HRBR Layout, 1st block, Kalyannagar, Bangalore-560 043

24)Bidarahalli: Manjusree Chambers, National Highway, KR Puram, Bangalore-560 036

 25) Kengeri: SLN Complex, Near BTS Bus stand, Mysore Road, Kengeri, Bangalore.

26) Rajarajeshwarinagar: No.25, DM Chambers, Jawaharlal Nehru Road, BMEL Road, 3^rd stage, Rajarajeshwari nagar, Bangalore-560 098

27) JP Nagar: No.8, AmeetArcade, Amruthanagara Main Road, Konankunta, Bangalore-560 062

28) Banashankari: Bangalore South Taluk Agriculture Produce Co-op Marketing Society Pvt.Ltd., Kanakapura Road, Banashankari, Bangalore 560 070

29)Tavarekere: No.1943, Anugraha, Tavarekere-Kengeri Road, Tavarekere, Bangalore-562 130

30) Yelahanka: No.15, 1st Main, Sree Rudhreshwar Chambers, Yelahanka New Town, Bangalore-560 064

31) Byatarayanapura: No.15, 1^st Main, Sree Rudhreshwar Chambers, Yelahanka New Town, Bangalore-560 064

32) Hesarughatta :  HC Puttaswamy Layout, Near Bus stop and Nada kacheri office, adjacent to KEB Office, Hessarughatta, Bangalore North Taluk,Bangalore-560 088

33) Jala: Sericulture Cum Farmers Service Co- operative Bank Ltd, Opp. Chikkajala Police Station, NH 7,Bellary Road, Bangalore North Taluk, Bangakore-562 157

The Revenue secretariat, Government Of Karnataka has issued a notification dated 9^th March 2007.Accordingly the Government of Karnataka has formed 27 sub registrar offices in and around Bangalore with effect from 1-04-07.It has also directed the Inspector General of Registration and Commissioner for Stamps for identifying suitable office space with necessary infrastructure for the new offices. The following is the list of new sub registrar offices.

1. Kacharakanahalli                         15.Tavarekere

2.Hebbala                                         16. Mahadevapura

3.Peenya                                           17.Bidarahalli

4. Leggere                                         18.K R Puram

5.Nagarbhavi                                    19.Banaswadi

6.Madanayakanahalli                        20.Yelahanka

7.Dasanapura                                     21.Yelahanka rural

8.Varthur                                           22.Hesarughatta

9.Begur                                              23.Jala

10.Bommanahalli                              24.Anekal

11.Kengeri                                        25.Sarjapura

12.Rajarajeswari Nagar                     26.Attibele

13.J P Nagar                                      27.Jigani

14.Banashankari    

Karnataka Rent Act 1999 provides various grounds, on which a tenant can be evicted from a premise 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, sublet, assign or otherwise part 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, with out 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 premise 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 premise.

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:

a) 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;

b) That the person in occupation of the premises has failed to prove that he is a bonafide tenant,

c) 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;

d) That the premise let are required whether in the sane form or after reconstruction or rebuilding, by the landlord for occupation     for himself or for any m4enmber of his family if he 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;

e) Further when a Government servant or employ of local authority is provided with official quarters and if such servants own a     premise 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 for to recover immediate possession of the premises. The person who has served in the defence section and who has let out his house to the tenant is entitled to recover immediate possession.

For many people buying a home is a dream wish. For some, especially employed with huge pay packs, 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 lonee 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

1. Many Banks are providing loans to pay the regularization fees. Some of them include SBI, SBM, Indian Overseas Bank, Bank of India, Axis Bank, HDFC Bank and Canara Bank.
2. BBMP has also provided hotline services from 12 am to 2 pm to give clarifications about the scheme. The numbers are 080-32440101, 32446161, and 32448181.
3. So far, around 1.6 Lakhs of applications have been sold by BBMP. But only around 2500 filled applications have been received.
4. BBMP has made some tie-ups with Institute Of Engineers for assistance to fill up the regularization application forms.
5. For properties coming within the purview of BDA, applications forms can be collected from the office of BDA.
6. Developments made in agricultural zone or green belt cannot be regularized under the scheme.
7. Constructions below high-tension electric lines, on civic amenity sites, land abutting storm water drain, tank bed, river course or canal cannot be regularized under the scheme.
8. The regularization fee cannot be paid in installments. The entire fee has to be remitted in the form of DD at the time of filing the application.

The regularization of unauthorized constructions and developments proposed by the Government of Karnataka is going on from 16-09-07 and it is to be completed by 14-12-07. Though the Government has made extensive arrangements for the successful realization of the objectives of the scheme, the public is left unanswered pertaining to many of their queries and clarifications. Here are some facts about the regularization scheme. 

1.     The regularization scheme is applicable all over Karnataka.

2.      Regularization is required for formation of sites, land use violation, set back violation, and FAR violation.

3.     Land use violation will be regularized by BDA,or the concerned planning authority.

4.     For set back and FAR violation BBMP (in Bangalore) and local authorities in other areas are authorized to regularize.

5.     The application forms are available from Bangalore one centers, post offices and Apex bank branches.

6.     For residential buildings set back violation is permitted up to 50% and for Non-residential buildings up to 25%.

The usage of basements for residential or commercial purpose cannot be regularized under the scheme.
(———To be continued)