archer14, Author at Trademark Registration Services

Motor Vehicle Registration India

Motor Vehicle Registration India – Motor Vehicle registration is compulsory under section 39 of Motor Vehicle Act 1988. Though previously, an individual had to apply to the local Transport Office in person and appear along with the Vehicle on an appointed date and time. But now, process has been simplified by the Transport Department by authorizing vehicle dealers to register a Vehicle before making the physical delivery of the same.

Therefore, whatever formalities are to be completed for registration are done before hand by the Vehicle Dealers and saves a lot of effort on behalf of Individual in running around the local authorities for registration of Vehcile. Also, it saves lot of resources for Transport Department also.

But as registration is applicable to a partciluar state only. Therefore, various formalities are to be completed, if the Vehicle is taken to a different state on permanent basis. Firstly, a N.O.C. from the Transport Department of the state in which Vehicle is already registered is required to be obtained by the Vehicle owner. Therefore, owner can apply in the prescribed format with the Transport Deaprtment of other state along with all the nexessary documents such as address proof, insurance, pollution under control certificate, challan clearance, fitness certificate, road tax, etc.

Immovable Property Registration India

Immovable Property Registration India – Registration Act, 1908 provides for the compulsory registration of documents related to sale and purchase of Immovable property, i.e. documents pertaining to registration of ownership changes and transactions involving immovable property. This guarantees a legal ownership title to the real owner, thereby reducing risk of fraud and helps solve disputes easily, in addition to creating and maintaining an up-to-date public record.

Section 17 of Registration Act, 1908 provides for documents of which registration is compulsory:
(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

The documents are compulsorily required to be registered within four months from the date of sale, it helps conservation of evidence, assurance of title, publicity of documents & prevention of fraud. The payment of proper Stamp duty on instruments bestows legality on them. Such instruments get evidentiary value & are admitted as evidence in Court.

From August 2011, the local residents of Gurgaon would be able to get online appointment with local authorities for property registration matters.

Cheque Bounce Case Registration India

Cheque Bounce Case Registration India –

Bouncing of Cheque is considered to be an criminal act as per the Negotiable Instrument Act 1881 , when the return of the cheque by the Bank is due to insufficient funds and various other reasons. The law provides for imprisonment upto 2 years and/or fine, which may extend to twice the amount of the cheque.
Essential Conditions u/s 138 of the Act:
a) A cheque must have been drawn by a person on an account maintained by him for payment of any sum of money to another person from out of the account;

b) The cheque must have been issued for the discharge, either in whole or in part, of any debt or other liability, though, in the absence of proof to the contrary, it shall be presumed that it was issued for the same;

c) The cheque shall be returned by the bank unpaid –
i) either because of the reason insufficient funds to honour the cheque; or
ii) because it exceeds the amount arranged to be paid from the account by an agreement with that bank.

d) The stop payment of cheque is also covered under said provisions, as it points to the dishonest intention of the drawer.

The bouncing of cheque entitles the holder of cheque to take criminal action against the drawer of cheque but only if a strict procedure is followed in this respect, which is as follows:

1. In case a cheque is bounced, a notice has to be issued to the drawer of the cheque (Oppsoite Paty) within 30 days from the date of memo accompanying the bounced cheque is received from the Bank.

2. The notice by the holder of the cheque should demand the amount for which the cheque has been bounced, providing 15 days to settle the matter.

3. The Opposite Party has 15 days from the receipt of the notice to settle the matter and no cause of action arises till the expiry of these 15 days or if paid within this specified period.

4. After the completion of said 15 days, if the opposite party does not settle the matter or ignores the notice, then the holder of the cheque may file a criminal complaint before the appropriate court within 30 days of the expiry of said 15 days.

5. In case, it is beyond the said period of 30 days, the delay can be condoned by the court on sufficient cause being shown.

Consumer Complaint Registration India

Consumer Complaint Registration India – Consumer Law in India is regulated by Consumer Protection Acr, 1986 which provides for protection of consumer rights and lays down procedure for enforcing of the same in case of any violations, through the consumer courts established at various levels, i.e. District, State and National.

A consumer right is violated, when a goods seller or a service provider sells defective goods or renders deficient service, as the case may be, which includes sale over the MRP (Maximum Retail Price). For this appropriate remedy is available through consumer courts / consumer forums, wherein compensation can be claimed not only for loss incurred but also for harassment and mental agony. In cases of cheating, even criminal proceedings can be lodged by registering of an FIR with a Police Station.

A Consumer can register his complaint with a consumer court/consumer forum in person at District Level, if the claim does not exceed Rs 20 lakhs and with State Commission, for claims upto Rs 1 crore, otherwise with National Commission. There is no provision of online filing of consumer complaints. But we can help you with a preparation of a consumer complaint and registering the same with a Consumer Court. You can get free advise online through Consumer Law India, before you can decide to proceed further.

Political Party Registration India

Political Party Registration India – Political Party need to get registered with Election Commission of India, to avail provisions of Part-IV-A of the Representation of the People Act, 1951. The registered party gets benefit in terms of party symbol, which can be protected on National level in case of National Party registration. An application in the prescribed format for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001, within 30 days of formation of party.

S 2. The application must be accompanied by the following documents/information:-
(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawn in favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and regulations/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, which reads “—————(name of the party) shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”. The above mandatory provision must be included in the text of party constitution/rules and regulations/memorandum itself as one of the Articles/clauses.

(iii) The copy of the party Constitution should be duly authenticated on each page by the General Secretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.

(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.

(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided in the Constitution/rules and regulations/memorandum.

(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party (including all office-bearers/members of main decision-making organs like Executive Committee/Executive Council) to show that they are registered electors.

(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a First Class Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is a member of any other political party registered with the Commission.

(viii) Individual affidavits from at least 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the 100 members of the applicant party mentioned at (vi) above.

(ix)Particulars of Bank accounts and Permanent Account Number, if any, in the name of the party.

(x)Duly completed CHECK LIST alongwith requisite documents prescribed therein.

School Registration India

School Registration India – Schools are regulated by respective state’s Education Departments and different laws are prevalent in different states. Like state of Delhi has Delhi School Education Act, 1973.

According to the Delhi School Education Rules, 1973, every individual, association of individuals, society or trust, desiring to establish a new school in Delhi, not being a minority school, shall before establishing such school, give an intimation in writing to the Adminstrator of his or their intention to establish such school.

Similarly, unreocgnized schools cannot open a new class ther than the ones which have received an approval from appropriate authority, without the necessary approval. School includes a pre-primary, primary, middle and higher secondary school.

Further, every school seeking recognition would be required to fulfil some conditions like school should be run by a society registered under Societies Registation Act, 1860 or a publis trust established under Indian Trusts Act, 1882. Further,

It should have proper funds to ensure financial stability and payment of salaries,
It should get management schme duly approved,
It has suitable or adequate accomodation and sanitary facilities,
It should provide for approved courses of study and efficienct instructions,
Teachers should possess prescribed qualifications,
Lastly, should have prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities.

Trust Registration India

Trust Registration India – A “trust” is an obligation annexed to the ownership of property, and arising out of a confidence reposed in an accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner. A public charitable trust is usually floated when there is property involved, especially in terms of land and building. Like Schools, Hospitals, etc are mostly formed as trust mostly. Even the ‘Being Human: The Salman Khan Foundation’ is registered as a charitable trust.

Trusts in India are regulated under Indian Trusts Act, 1882 and provide as follows:
The person who reposes or declares the confidence is called the “author of the trust”; the person who accepts thee confidence is called the “trustee”; the person for whose benefit the confidence is accepted is called the “beneficiary”; the person for whose benefit the confidence is accepted is called the “beneficiary”; the subject-matter of the trust is called “trust-property” or “trust-money”; the “beneficial interest” or “interest” of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the “instrument of trust”. A breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a “breach of trust”.

It is well settled that no formal document is necesary for formation of a Trust, but in many cases, to satisfy basic legal requirements of various statutes, it may be necessary to have a Trust Deed in writing. For any public charitable trust, trust deed is the most important document, which includes the main aim and objectives, powers and other issues as to the management of the company.

Society Registration India

Society Registration India – Societies Registration Act, 1860 was brough into effect in 1860, with a view to promote social welfare activities by a group of unrelated individuals, who work with a common purpose with own/donated funds. Section 20 of Societies Registration Act, 1860 provides for the following societies that may be registered under this Act:-

Charitable societies;
Military orphans funds or societies;
Societies established for the promotion of science, literature, or the fine arts;
Societies established for instruction and diffusion of useful knowledge, diffusion of political education;
Societies established for maintenance of libraries or reading rooms for general; public;
Societies established for Public museums and galleries for paintings or other works of art, collections of natural history, mechanical and philosophical inventions, instruments or designs.

For example, society can be formed for the purpose of promotion of common interests of residents of a society/apartments like resident welfare associations or the ones to protect the interests of senior citizens like society for senior citizens, etc.

A society can be formed by minimum of seven members coming together for a common purpose/objective as provided under section 20 above. But it is important to note that all the seven members should not have any blood relations between any of them. Further, if the society has to be formed at National level, then all the seven members should be from different states.

These members by subscribing to the memorandum of association / rules and regulations can form a society by completing required formalities with Registrar of Society for the state. Our team would assist you in preparation of necessary documents, please let us know of your requirements.

Service Tax Registration India

Service Tax Registration India – Service Tax is an Indirect Tax to be collected by the service providers on services notified by the Government. The Service Tax provisions were first notified under Finance Act 2005. However certain exemptions have been provided to small scale businesses, whose turnover does not exceed Rs 9 lakhs in a financial year.

Every person who has provided a taxable service of value exceeding Rs. 9 lakhs, in the preceding financial year, is required to register with the Central Excise or Service Tax office having jurisdiction over the premises or office of such service provider. Service provider has to file form ST-1 for Registration purposes along with necessary documents like PAN, address proof, etc along with prescribed fees.

In case of different nature of services rendered, the service provider has to apply for separate registration. And in case of services rendered through different premises, centralized registration can be applied for. Failure to register attracts penalty of Rs 5,000 or Rs 200 per day during the period, such failure continues, whichever is higher.

Sales Tax Registration India

Sales Tax Registration India – Article 366 (29A) of Indian Constitution provides for tax on sale or purchase of goods. The Central Sales Tax applies, when the sale or purchase has been made in the course of inter-state Trade. While Local Sales Tax was converted to VAT (Vale Added Tax) since 2005.

Section 2 (g) of CST Act defines sale as… “sale, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of goods on the hire-purchase or other system of payment by installments, but does not include a mortgage or hypothecation of or a charge or pledge on goods”.

Every dealer who effects inter-state sale, is required to register with Central Sales Tax authority. On registration, a Sales Tax ID is provided under which dealer/ seller can collect Sales Tax from the buyer. Sales tax is the percentage of revenue imposed on the retail sale of goods.

Unlike VAT, sales tax is levied on the total value of goods and services purchased. While VAT (Value Added Tax) is a form of indirect tax that is imposed at different stages of production on goods and services. The purpose of VAT is to provide relief to the ultimate consumer from price hike, as only value added at different stages of production is Taxable.