Overseas Citizenship of India: What it is?

26 December 2022Posted inConstitutional law
India introduced the Overseas Citizenship of India (OCI) Scheme by amending the Citizenship Act, 1955 in August 2005. The Scheme provides for registration as Overseas Citizen of India. A registered Overseas Citizen of India is granted multiple entry, multipurpose, life-long visa for visiting India.

Right to Buy Property in India by Non-residents

18 December 2022Posted inProperty & Succession
The foreign nationals residing outside India are not eligible to buy properties in India whereas the foreign citizen who is residing in India can buy a property in India without a need for approval from Reserve Bank of India (RBI). Foreign nationals of non-Indian origin resident in India (except those from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) can acquire immovable property in India.

Encroachment on Roads Impermissible in Law

8 December 2022Posted inMotor Vehicles Act
In S. Rajaseekaran v Union of India [(2018) 13 SCC 516] the SC held that all States and Union Territories are expected to implement the National Road Safety Policy with all due earnestness and seriousness. In Suo motu v State of Kerala [2022 (7) KHC 185 (DB)], the HCK has issued similar directions to the authorities in the context of Sabarimala season. The judgement reminds the state government to implement the National Road Safety Policy with due earnestness and seriousness as the Supreme court had said in the above said S. Rajaseekaran judgement.

Cancellation of Gift Deed under Senior Citizens Act

7 December 2022Posted inProperty & Succession
The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her, the Supreme Court (SC) has held in Sudesh Chhikara vs Ramti Devi.

Quashing of DV Application Impermissible u/S 482 CrPC

4 December 2022Posted inCriminal law
A Full Bench of the Madras High Court, in Arul Daniel & Others v/s Suganya & Others, held that proceedings under Section 12 of the Domestic Violence Act (DV Act) can be challenged in the High Court only under Article 227 of the Constitution. Such proceedings cannot be challenged by invoking the court's power under Section 482 Criminal Procedure Code (CrPC).