Kanoonwale Bhaiya | Legal Awareness by Advocate Prabal Bhandari

Short answer: A failed property deal or an unpaid sum is not a crime merely because an FIR has been registered. The Supreme Court has repeatedly said that a criminal court should not be used to recover money or to decide a civil dispute. But a civil remedy does not wipe out criminal liability where cheating or fraud is prima facie made out, so each case turns on its facts. A buyer pays an advance for a plot and the sale deed is never executed. A partner is accused of cheating after a joint venture collapses. In India, disputes of this kind often end up in two places at once, a civil court for the money or the property and a police station for an FIR. This article explains how the Supreme Court has drawn the line in recent anticipatory bail cases, including a bench order reported on 4 November 2026. Civil wrong and criminal offence: the basic difference A civil dispute is about rights and money. A person who has paid an advance and not received a sale deed can sue for specific pe...

Short answer: Yes. Under the Hindu Succession Act, 1956, as amended in 2005, a Hindu daughter is a coparcener by birth in ancestral property, with the same rights as a son. In her father's self-acquired property, she inherits equally with the other Class I heirs if he dies without a Will, while a valid Will can direct otherwise. Many families still assume that the son gets the family property and the daughter gets only a wedding gift. The law no longer works that way. For Hindus, a daughter's right in her father's property depends on one basic question: is the property ancestral, or did the father earn it himself? This article explains both situations in simple terms. A Supreme Court ruling of May 2026 has also reminded courts that an old family arrangement cannot easily shut a daughter out. Whose law does this article cover? This article covers the Hindu Succession Act, 1956, which applies to Hindus, including Buddhists, Jains and Sikhs. It does not apply to Muslims,...

4 November 2026 · Kanoonwale Bhaiya On 15 October 2026, the Ministry of Labour and Employment amended the Employees' Pension Scheme, 2026 to state expressly that the Central Government's contribution is calculated only on wages up to ₹15,000 per month, even though the statutory wage ceiling for provident fund coverage now stands at ₹25,000. What the notification says The amendment was issued as Notification G.S.R. 890(E) in the Gazette of India (Extraordinary, No. 819) dated 15 October 2026, under clause (b) of sub-section (1) of Section 15 of the Code on Social Security, 2020. It makes two changes to paragraph 4(2) of the Employees' Pension Scheme, 2026. First, the words "such sum as may be specified by the Central Government" are replaced with the words "wages upto rupees fifteen thousand (Rs. 15,000/-) per month". Second, the words "and the Central Government" are omitted from the first proviso to that sub-paragraph. In plain terms...

3 November 2026 · Kanoonwale Bhaiya On 1 November 2026, at the 74th Foundation Day of the Employees' Provident Fund Organisation, the Union Labour Minister launched a WhatsApp service for subscribers and automatic settlement of small inoperative accounts; for employers, however, the more consequential matter remains the ₹25,000 wage ceiling now in force. What EPFO announced on its 74th Foundation Day Addressing the celebration in New Delhi on Sunday, 1 November 2026, the Union Labour and Employment Minister, Dr Mansukh Mandaviya, launched EPFO's verified WhatsApp service. Subscribers can now view their PF balance, their latest five transactions and their passbook information on WhatsApp, and can also receive personalised guidance in completing requirements connected with the Pradhan Mantri Viksit Bharat Rozgar Yojana (PMVBRY). The stated objective is to make routine services available on a familiar mobile platform and to reduce the need to visit EPFO offices. The seco...

A cheque given to repay a loan or pay a bill comes back from the bank marked "insufficient funds" or "payment stopped". The next question is nearly always the same: what can the person who received it actually do? This article explains, for readers anywhere in India, how a cheque bounce complaint works under the Negotiable Instruments Act, 1881. It is a central law, so the basic steps are the same in every state. It is not one of the laws replaced in 2024, so the Bharatiya Nyaya Sanhita does not change these steps. Why a bounced cheque can become a criminal case Section 138 of the Act treats the return of a cheque unpaid, for lack of funds or because it exceeds the arrangement with the bank, as an offence by the person who drew it. The cheque must have been given to repay a legally enforceable debt or liability. The punishment can be imprisonment of up to two years, a fine of up to twice the cheque amount, or both. In practice, most cases end in settlement a...

Many people ask the same worried question: if a husband stops supporting his wife, or grown children neglect elderly parents, can a court order monthly maintenance? In many situations the answer is yes. The main criminal-court remedy is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the Code of Criminal Procedure from 1 July 2024. This article explains that remedy in plain terms. It is a central law and applies across religions. Other remedies under personal laws and the Domestic Violence Act exist but are not covered here. Who can claim under Section 144 BNSS A first-class Magistrate can order a person who has enough means, but neglects or refuses to maintain certain dependants, to pay a monthly allowance. The dependants listed are a wife who cannot maintain herself, a child (legitimate or illegitimate, married or not) who cannot maintain itself, an adult child with a physical or mental abnormality or injury, and a father or m...