Life Imprisonment Punishment instead of 7 year imprisonment for Acid Attacker : Bombay High Court

When she rejected to marry him, Appellant/Accused removed one bottle, which was containing acid, and threw that acid on her face. The acid not only burnt her face and eyes, but it also dropped and spread on her neck, both hands, legs and other parts of the body.

Coming to the quantum of sentence imposed on the Accused by the Trial Court, that of seven years of imprisonment and payment of compensation of Rs.10,000/- to her father, under Section 357(3) of Cr.P.C., by quoting reason that a young girl like Neha is not likely to lead a normal life due to the permanent disfigurement caused to the visible parts of her body like face, neck, hands, in our considered opinion, the punishment imposed by the Trial Court is too meagre and inadequate and it calls for the interference.

It is surprising that despite making such observations and refusing leniency in award of punishment to the Appellant, the Trial Court has imposed merely the imprisonment of seven years only. The punishment provided for the offence under Section 307 of IPC is that of imprisonment for life, if hurt is caused to the victim on account of the act of the Accused. Here in the case, it was not only a simple or grievous hurt, which is caused to Neha, a young girl with bright future, but the hurt is such that it has left an indelible mark and a permanent disfigurement of her face. Needless to state, that the injuries caused by the acid are the most painful and they result into a permanent damage. As deposed by Medical Expert Dr. Daddi, even after several such operations, including the operation of skin grafting, her injuries cannot be cured completely. She will never become normal on account of permanent disfigurement of her face, neck, hands and other parts of the body. Therefore, here in the case, the hurt caused is a permanent damage to her physically and psychologically. Hence, no other punishment except that of the maximum punishment of life imprisonment can do real justice to her. Awarding of amount of compensation of Rs. 10,000/-, when already her father has incurred the expenses of Rs.4,50,000/-, is not going to give any solace to Neha. Therefore, that cannot be a reason to award punishment less than the life imprisonment to the Appellant

As observed by the Apex Court in State of M.P. Vs. Kashiram and Ors., AIR 2009 SC 1642, “the punishment to be awarded to the crime must not be irrelevant, but it should confirm and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of crime warranting public abhorrence and it should respond to the society's cry for justice against the criminal.

Finally, the Hon’ble Supreme Court allowed Criminal Appeal No.686 of 2007 preferred by the State for enhancement of sentence of the Appellant is allowed. The Appellant is sentenced to suffer imprisonment for life and to pay fine of Rs.2,00,000/-, which shall be awarded as compensation, to Neha under Section 357(1) of Cr.P.C. In default of payment of fine, Appellant to undergo further Rigorous Imprisonment for two years. Police are directed to intensify their efforts to trace the Appellant and to bring him to book to undergo the sentence and punishment imposed by this Court.

For more details read judgement: CRIMINAL APPEAL NO.324 OF 2007 along with C A.No.686/2007 Kailas Sitram Adagale Vs. State of Maharastra and Neha Ajay Malviy Dated: 22.02.201

What is “Stridhana Property”?

 Image Sources: http://gstv.in/

Recently, the Hon’ble Supreme Court has impose restriction over the women’s equal right towards the ancestral property. However, most of the Indian women doesn’t know about her vested right what she has present which was acquired from her maternal and paternal properties and what she obtained during the course of marriage. In such being, she must know about Stridhana property.

The Definition of Stridhana Property has been explained by the Hon’bel Supreme Court in L. GOWRAMMA (D) BY LR. VS SUNANDA (D) BY LRS. & ANR. ...RESPONDENTS.CIVIL APPEAL NOS. 174-175 OF 2016

 (1) “Stridhana” means property of every description belonging to a Hindu female, other than property in which she has, by law or under the terms of an instrument, only a limited estate.

(2) “Stridhana” includes :-(g) property taken by inheritance by a female from another female and property taken by inheritance by a female from her husband or son, or from a male relative connected by blood except when there is a daughter or daughter’s son of the propositus alive at the time the property is so inherited.

(3) All gifts and payments other than or in addition to, or in excess of, the customary presents of vessels, apparel and other articles of personal use made to a bride or bridegroom in connection with their marriage or to their parents or guardians or other person on their behalf, by the bridegroom, bride or their relatives or friends, shall be the stridhana of the bride.”

In Pratibha Rani v. Suraj Kumar and Another. In the said case,( (1985) 2 SCC 370 ) the majority referred to the stridhan as described in “Hindu Law” by N.R. Raghavachariar and Maine’s “Treatise on Hindu Law”. The Court after analyzing the classical texts opined that:- ”It is, therefore, manifest that the position of stridhan of a Hindu married woman’s property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes — she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. It may be further noted that this right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt.”  In the said case, the Court ruled: - “... a pure and simple entrustment of stridhan without creating any rights in the husband excepting putting the articles in his possession does not entitle him to use the same to the detriment of his wife without her consent. The husband has no justification for not returning the said articles as and when demanded by the wife nor can he burden her with losses of business by using the said property which was never intended by her while entrusting possession of stridhan. On the allegations in the complaint, the husband is no more and no less than a pure and simple custodian   acting on behalf of his wife and if he diverts the entrusted property elsewhere or for different purposes he takes a clear risk of prosecution under Section 406 of the IPC. On a parity of reasoning, it is manifest that the husband, being only a custodian of the stridhan of his wife, cannot be said to be in joint possession thereof and thus acquire a joint interest in the property.”

APARTMENT/ASSOCIATION HANDOVER DOCUMENTS CHECKLIST

                                                                                                                                                                                                                                                            

Image Sources: property.mitula.in The following documents are very vital documents before handovering flats to the association. The builder has bounden duty to comply all the mandatory documents and the flat members or association has all the rights to recover the same from the builder. The Association can move a Consumer Forum to claim these documents in the event of fail to get from the builders.

LEGAL DOCUMENTS

Property Documents executed between the Landowners and Builders

JDA,GPA,SUPPLEMENTARY AGREEMENTS IF APPLICABLE

Convesion, Receipt, Change of Land use

Approved Construction Plan

Completion Certificate and Comencement Certificates

Occupancy Certificate

NOC from Fire Department

NOC from KSPCB

NOC from Airport Authority

NOC from the BESCOM

NOC from Telephone Authority

NOC from BIAAPA, BBMP, BDA,BMRDA If applicable

NOC from the BWSSB

Property Taxes, Khatha Extract, Certificates, Amalgamation

Land Revenue Records (RTC, MR, KARDA, GRANT CERTIFICATE etc.,)

Endorsements ( PTCL, 7A & 48A, 79 A&B, Nil Acquistion Etc.)

OTHER LAND RECORDS

OPERATIONS

Drawings of the Electrical Wiring including Earthing Points

Drawings of the Water Piping

STP Drawing & certification by Architect/Pollution Control Board

Approval for STP Installation

Waste Disposal system with approval from Pollution Control Board

AMC Documents – Lift, Generator, Transformer, Apartment ADDA portal, etc.

Invoices and Warranties for all Assets – Pumps, Lift, Generator, Transformer, Pool

Equipments, Gym Equipments

Clearance to operate Elevators

NoC from Electrical Inspector

FINANCE , ACCOUNTS

Payment Record for Taxes towards Property, Construction and Maintenance

Payment Record for City/Municipality Water Supply

Record of Maintenance Expenses while under Builder’s Maintenance

Record of all Collections made from the Owners (except purchase related)

Contracts with existing Maintenance, Security staff

MAJOR GENERAL RECORDS

Audited accounts of the maintenance and interest earned

Details of deposit, if any

Apartment tax related details

Insurance details for the building

Handover of the left over money

Handover of the office room, departmental stores, records, documents etc. to the association.

Contract or agreement details of maintenance staffs and security service

Issue of consent letter from the Electricity Board for change of name

List of amenities in the apartment

List of services offered by builder after handover of apartment

Handover of the function hall, parking lot, swimming pool and other amenities to the association

Contracts on the structural issues

Insurance details for the building

Car Parking allocation and marking

Repairs or service (for any of the houses, if the owner asks for it)

Building structural warranty Certificate if possible

Approval fro storm water connection

Lift Approval Copy

Lift Operation Certificate from CEIG

Plumbing,Electrical, Architectural and structural drawing

RWH

Documented evidence of RWH compliance

Technical detailsof RWH systemincluding details of Terrace Areacovered, Piping,Sump details

Lab test of water quality STP

Approval fromlocal authoritiesfor Bore well

Technical Documentation

Proof of testing including water sampletest

Lab test of water quality

Fire &Emergency Management Detectors and Alarm System

Inspection Certificate from Fire Safety authorities

Technical documentation including wiring diagrams, etc.

Proof of firesystem checks

Manual checks of detectors,panels etc.

Manual check of Public Address System

Manual check of Panic ButtonSystemSprinklers,Hydrants &Hoses

Piping diagramsfor fire pipes

Inventory of Hoses (brassfittings are valuable and tendto be stolen)

Random checking of hydrants– open and closePumps & ControlSystems

Technicaldocuments,includingspecifications

Manual checks of pumps

SecurityCCTV System

User Manuals and TechnicalDocumentation of CCTV

InspectionReport

Manual verification of (a)Viewing of Images (b) Retrievalfrom Storage System (if applicable)Access ControlSystem

TechnicalDocumentation

InspectionReport

Manual testing of all accesspoints

Documented procedure withidentified vendor forreplacement of access cards –

also finalize rate

OthersPiped Gas System

Applicableapprovals fromrelevantauthorities

Piping Diagrams

InspectionReport

Manual inspection, to theextent possible

DG Approval, Drawings, Manual and Warranty

Manual inspection forincomplete / defectiveconstruction, leakages, etc.

BuildingStructureBuilding

ElectricalsSwitchgear

Wiring Diagrams

Check major components(common area lighting,pumps, etc.)LiftsDG Sets

Technical Documentation and Specifications

Check auto switch on/off onmains fail

Check Diesel Consumption andcompare with benchmarks

Water,Plumbing &SanitationMains watersupply system

Piping Diagrams

Sump and Overhead Tank Documentation

Technical documentation for pumps

Manual inspection of key pipesfor leakages

Manual checking of mainsmeter for correct functioning Bore well

Approval fromlocal authoritiesfor Bore well

Documentation indicating Borewell depth, etc.

Bore well yield kreport

Manual test of Bore well yield

Lab test of water quality

Nexus Test Report

Log Sheet book

BUILDING DOCUMENTS

Coloum Footing Layout

Beam Layout Plinth

Swimming Pool Drawing

Steel quantity Drawing

Overhead Tank Drawings

Staircase Drawings

Framing Plan

Beam Layout Slab, Slab Details, Beam Cross Section Building Structure Stability Certificate Photo Sources: property.mitula.in

Purchasing Two Flats/Villa simultaneously would be treated as commercial Usage

A person, who booked two residential flats or villa in the same project would be treated as commercial usage and he will lose the right to claim against the builder under the Consumer Protection Act because of that customer cannot not be treated as consumer under the Section 2(1)(D) of the Act.

The word “Consumer” is defined in Section 2 (1) (d) of the Consumer Protection Act, 1986, which is reproduced as under:-

d)  ‘Consumer’  means any person, who :-

(i)     buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) “hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system  of deferred payment and includes any beneficiary of such services  other than the  person  who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval  of the  first mentioned person but does not  include a person who avails of such services for any commercial purpose”.

  It is unequivocally established in several cases that  “[III (2012) CPJ 315] Chilkuri Adarsh v. Ess Ess Vee Constructions” in which it was held that when a consumer has booked more than one unit of residential premises, it amounts to booking of such premises for commercial purposes.  This Commission in “[IV (2007) CPJ 199] Jagmohan Chabra and Anr. v. DLF Universal Ltd.” also observed that when complainant has booked two flats on 2 floors he does not fall within the purview of the consumer.  This Commission in “Consumer Complaint No. 5 / 2014 and 6 / 2014, Sunil Gupta vs. Today Homes & Infrastructure (Pvt.) Ltd.”  observed that consumer cannot book two different villas.  In the light of the aforesaid judgments it becomes clear that as complainant has purchased two flats, it cannot be said to be for his residential purpose but amounts to be investment for commercial purpose and complainant does not fall within purview of the consumer.  Learned State Commission has not committed any error in allowing application and dismissing complaint as not maintainable.

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[1] NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 1219 OF 2014 (From the order dated 16.10.2014 in CC No. CC/20/2012 of West Bengal State Consumer Disputes Redressal Commission, Kolkata) Date of Judgement is 05.02.2015

 Sources: Photo Google images

OCCUPANCY CERTIFICATE APPLICABLITY IN BANGALORE

Most of the Builder in Bangalore stating that no Occupancy Certificate is mandatory for non high rise building which means below G+4 or 15 Meeter building will not attract Occupancy Certificate. Is it true statement? No. Building Occupancy Certificate is mandatory for all the Residential Unit/Dwellin Unit/Apartment more than 2 units in Apartment and Individual Unit which exceeded 8040 Sq.Ft approximately and the Following Department will issue the Occupancy Certificate in accordance with their parameeter viz.

1. Town Planning Section, Head Office, BBMP: Issue of Occupancy Certificate for residential Dwelling houses / Apartments / Non-Residential Buildings a) Consisting of More than Single Basement Floor irrespective of Number of Floors b) Consisting of BF+GF+4 and above Upper Floors. c) For all the cases where Development Plan is approved by Bangalore Development Authority. (Computerized)

2.Whom to approach for this service (Designated Officer)?Additional Director of Town Planning, headed by the Commissioner, BBMP

3.Procedure involved to get this service:1. Filing application through online and submitting hard copy consisting of Schedule – VIII, As built drawings & Photographs and CFO from KSPCB (Wherever applicable) 2. Inspection of the Site by Engineer 3. Verification of As built with Sanctioned Drawing 4. Approval / Rejection by the competent authority 5. Issue of Demand Note to the party for payment of Compounding Fee 6. Receipt of Compounding Fee 7. Issue of Occupancy Certificate

4.Form to be submitted to get this service:Schedule – VIII, Download form in BBMP website

5.Who are eligible to get this service?:Any owner of the property in the jurisdiction of BBMP area who has obtained Plan Sanction

6.Documents to be enclosed with the request:1. Latest B B M P Khata certificate 2. Latest B B M P Khata Extract 3. Latest Tax paid receipt 4. CFO from KSPCB and Fire Clearance (Wherever applicable) 5. As Built Drawings 6. Photographs

7.Fee/Charges to be paid to get this service: Compounding Fee

8.Maximum number days to get this service delivered: 30 Working Days

Sources: http://bbmp.gov.in/documents/10180/731543/Occupancy+Certificate.pdf/2b44a26d-a117-4206-80cc-6277e90fcab3

2. 8040 Sq.Ft mentioned herein is data collected in internet 

3.Photo sources: sastabankproperty.in 

PENALTY AMOUNT DETAILS FOR AKRAMA AND SAKRAMA SCHEME TO REGULARIZE UNAUTHORIZED CONSTRUCTION IN BANGALORE

As per the Government Gazette Notification No. NAE 556 MDA 2013(1) Dated: 28.05.2014 unequivocally confirmed that where any land has been developed or change of land use is made in contravention of Section 14,14-A,15,17 or the Regulations or in contravention of commencement certificate granted under Section 15[1], the Planning Authority may regularise such development and change of land use made prior to the date of 19th October 2013, subject to such rules as may be prescribed and on payment of prescribed amount, which may be different for different purposes, but not exceeding the estimated cost of the development.

Provided that the amount so prescribed shall not be less than. -

i.             Six percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio does not exceed twenty-five percent;

ii.           Eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio exceeds twenty-five percent but does not exceed fifty percent;

Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularisation of such portion shall be. -

(i)           Twenty percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion okf the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio does not exceed twelve and a half percent;

(ii)          Thirty-five percent of the market value, determined in accordance with the Karnataka Act1957 and the rules made the of the violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty-five percent.

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[1]http://bbmp.gov.in/documents/10180/418305/Kannada%20Akrama%20Sakrama%20Proper%20full.pdf
And Photo Sources: Google