Advocate Bhuvan Mishra

Questions Answered by Advocate Bhuvan Mishra

Q: Share of a married woman in her mother's property

I am married and want to claim share in mother's property.I want to file a case.please advise me how to start my case so that I can file in delhi high court in first week of august.what preparation I should have before filing.How much time court will take to serve notice?

Advocate Bhuvan Mishra answered
The Information that you have provided is far too less for drawing any logical conclusion. Before taking any legal step, it would be pertinent to get the facts clear. It would go a long way in preparation of the case.

Q: Punishment for possessing two ration cards in two different states

Person has entered name of parents in ration card and they both live out of state I fear the parents will also have ration card in their respective state how to complaint and what is the penalty ?

Advocate Bhuvan Mishra answered
While applying for a Ration Card under the National Food Security Act, 2013 in a particular State, the Applicant is required to give a Declaration to the effect that he does not possess or has not applied for new Ration Card elsewhere under National Food Security Act 2013. False Declaration therein is an offence and liable for penalty and cancellation of ration card.

Q: Punishment for possessing two ration cards in two different states

Person has entered name of parents in ration card and they both live out of state I fear the parents will also have ration card in their respective state how to complaint and what is the penalty ?

Advocate Bhuvan Mishra answered
While applying for a Ration Card under the National Food Security Act, 2013 in a particular State, the Applicant is required to give a Declaration to the effect that he does not possess or has not applied for new Ration Card elsewhere under National Food Security Act 2013. False Declaration therein is an offence and liable for penalty and cancellation of ration card.

Q: Can Court Grant stay for implementation of Section 9 post Act 3 2016

can a court grant stay the implementation of award where arbitral award passed against any government body or corporation after amendment in arbitration act . need a judgement ?

Advocate Bhuvan Mishra answered
If I get you correctly, your query is whether the Court (post the Amendment of the Arbitration and Conciliation Act, 1996 in 2013) can stay the operation of the Award?Firstly, one needs to understand as to whether the Arbitral Proceeding, where the Award has been passed commenced prior to or after 23rd October 2015 (i.e. the date the Amended Arbitration Act came into effect) since as per Section 26 of the Amendment Act, 2015, the Act would only apply in cases where the Arbitral Proceedings commenced before the commencement of the Amending Act of 2015. If the Arbitral Proceedings commenced after 23rd October 2015, then the New Act applies and as per Amended Section 36 (3), unless the Court (in a Petition filed under Section 34 challenging the Award), grants a Stay of the Award after hearing the Stay Application filed under Section 36 (2), there would be no automatic stay of Award. If the Arbitral Proceedings commenced prior to 23rd October 2015, then the moment Notice is issued in a section 34 Petition, then as per Judgment of National Aluminium Co. Ltd. vs. Pressteel & Fabrications (P) Ltd.(2004) 1 SCC 540, there would be an automatic stay of operation of the Award. The position is no different legally qua the Government. P.S: This having being said, there have been contrasting views on application of the Amending Act 2015 (especially on interpretation of Section 26 of the Amending Act 2015), which have culminated into various SLPs before the Supreme Court and a final decision is yet to come on the issue.