Advocate Ritu Sood

Questions Answered by Advocate Ritu Sood

Q: What is the punishment under Section 302crpc

what was the punishment comes under act 302

Advocate Ritu Sood answered
Punishment for Murder, Punishment for murder by life convict and punishment for Culpable Homicide is not amounting to murder under Indian Penal Code is defined under Section 302, 303 and 304 of Indian Penal Code 1860. Provisions under section 302, 303 and 304 are: Section 302 of Indian Penal Code. "Punishment for Murder" Whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine. Section 303 of Indian Penal Code. "Punishment for Murder by life convict" Whoever, being under sentence of [imprisonment for life], commits murder, shall be punished with death. Section 303 of Indian Penal Code. "Punishment for culpable homicide not amounting to Murder" Whoever commits culpable homicide not amounting to murder shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Q: How can i get death certificate of someone missing for 7 years

How To Get Missing Person Death Order By The Court After Seven Year .?

Advocate Ritu Sood answered
Death Certificates In Favour Of The Missing PersonsAccording to the Provisions contained in the Registration of Births & Deaths Act, 1969 and the clarifications as provided by the Govt. of India, Ministry of Home Affairs, New Delhi the following guidelines/procedures are issuedUnder Section 108 of the Indian Evidence Act, 1872 a person who is unheard for more than seven years is presumed dead. However, the said section is silent about the date and place of death which can be determined by a Competent Court/Authority on the basis of the oral/documentary evidence before the Court. As per the clarifications provided by the Ministry of Home Affairs, every applicant/Legal heir should therefore obtain necessary orders from the Competent Court by swearing in necessary affidavit not only for obtaining the date & place of death of the missing person but also for undergoing the delayed registration process under Section 13 of Registration of Births & Deaths Act, 1969. Specimen format of the affidavit is being made available in all the Nagar Nigam with Death Registrars.Death Certificate in favour of the missing persons can be claimed by the Legal heirs only. Those who are claiming the Death Certificates are therefore required to produce necessary evidence to support their legal heir status. All the applicants/Legal heir of the missing persons shall submit the affidavit duly solemnized before their respective Judicial First Class Magistrate at their territory Jurisdiction as the case may be along with the Death Report and all other supporting evidence/documents as available with them to support the missing event of the person concerned like FIR lodged, published copy of the list of missing persons in Newpaper, any reference(s) from the employer/Department etc. to the Office of the Chief Registrar of Births & Deaths for verification and for obtaining Non Availability Certificate (NAC) under Section 17 of the RBD Act, 1969

Q: Eligibility of the creamy layer of the OBC category.

Respected Sir my cast is listed in central and state list of obc.My father is retired from army from havildar post. At present my father is government teacher in junior school. His per month salary is 50 thousand And pension from army is 24 thousand. So my father's total income exceeding 9 lakh per year. My mother is a household. Please tell me whether I belong to creamy layer or non creamy layer.

Advocate Ritu Sood answered
As Per the Office Memorandum of Ministry of Personnel,Public Grievances & Pensions Dated 27 May 2013 An Income Limit is 6 Lakh Per Annum for determining creamy layer among OBC with effect from 16 May 2013.The copy of this Office Memorandum can be downloaded from http://www.ncbc.nic.in/Writereaddata/dopteng.pdf . If you Father income falls below 6 Lakh you comes under Non Creamy Layer.The income here refers to the clubbed income of your spouse also if both are working. Your Father total income is exceeding 9 lakh per year you are under creamy layer.

Q: Requirements of creamy layer of OBC

Sir, my father is clerk in gramin bank and my mother is principal in govt girls inter college...I want to ok know whether I fall in creamy layer of OBC or not?

Advocate Ritu Sood answered
As Per the Office Memorandum of Ministry of Personnel,Public Grievances & Pensions Dated 27 May 2013 An Income Limit is 6 Lakh Per Annum for determining creamy layer among OBC with effect from 16 May 2013.The copy of this Office Memorandum can be downloaded from http://www.ncbc.nic.in/Writereaddata/dopteng.pdf . If your income falls below 6 Lakh you comes under Non Creamy Layer.The income here refers to the clubbed income of spouse (Your both Parents) if both are working.

Q: Procedure to rectify name in 12th mark sheet

My father name is 1 alphabet diff from that of 10th in 12th class I have passed from a c.b.s.e school in 2008 what is correction procedure please tell

Advocate Ritu Sood answered
Approach The Board Office such as CBSE, NIOS ,UP Board etc from where you passed out your examination .They will have the prescribe form /format for correction of Name Date Of Birth ,Father Name fill the form.You may have to enclose your original marksheet or certificate for correction In case of 12/Higher Secondary/ High School marksheet correction can be done on the bases of 10th/Secondary /Intermediate Class Marksheet record .You also have to attach other id Proof such as Driving Licence,Pan Card,Voter ID or Adhaar Card any one or two document which bears correct record such as name spelling ,date of birth etc..Most of the Board also ask for affidavit and there is a prescribed fee for correction of record. Once the correction is done the correct marksheet will be send you by post or in your school as per your Examination Board Authority Norms If there is a huge time lag you can take a plea that the mistake has been seen recently .There will be no ground of denial for correction of record if you have genuine proves of correction.There may be chances that you may have to file a case if there is a huge time lag but your marksheet/certificate will get corrected for sure.