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V130: AOA Formation. First Election PRECAUTIONS! UP Apartment.

0:08 Introduction
0:55 What is First Election in Formation of AOA
1:25 Who to initiate formation and requirements
1:58 What if Builder is reluctant
2:10 Requirements for AOA Formation
3:15 Steps to Form ...AOA/GBM Agenda
4:05 GBM Agenda etc.
5:10 Election Committee for Election
6:00 GBM related Precautions
6:30 Quoram requirement
6:45 Notice for GBM
7:42 Arrears of Maintenance
8:58 Only First Owner can Vote
11:50 1000 Membership Fee
13:55 Election Post Wise or as Member
14:55 Single or Group Election
17:00 End

📋 This video introduces the audience to:
1. Formation of an AOA (Apartment Owners Association) in Uttar Pradesh.
2. How AOA formation process should be initiated.
3. Duties and Responsibility of Builder and Apartment Owners.
4. GBM Requirements.
5. Election Committee Formation
6. Who can Vote and Contest
7. Arrears of Maintenance
8. Collection of Rs. 1000 as membership fee.
9. First and Second Co-owners Voting Right
10. Election basic guidance.

🙋‍♂️PRESENTED by- Advocates:
AOR Prashant Kanha - https://www.prashantkanha.com/
& Anand Mishra Advocate

📖 READ MORE ON APARTMENT LAW ON MY BLOG:
https://www.prashantkanha.com/category/practice/apartment/

📽️ WATCH MORE ON APARTMENT LAW:
https://www.youtube.com/@aor.prashant/playlists

⚠️ DISCLAIMER
The information shared in this video is for educational and general informational purposes only. It does not constitute legal advice or create an advocate-client relationship. Viewers should not act or rely on any information contained herein without seeking independent legal counsel or professional advice specific to their situation.
While every effort has been made to ensure accuracy, laws and interpretations may change over time. The creator and channel assume no responsibility or liability for any errors, omissions, or outcomes arising from reliance on this content.

📞 For any discrepancy, clarification, or to contact the advocate:
Adv. Prashant Kanha
📱 WhatsApp / Call: 9910757999 | 9599732224Show More

V130: AOA Formation. First Election PRECAUTIONS! UP Apartment.

0:08 Introduction 0:55 What is First Election in Formation of AOA 1:25 ...

V129: Section 35(3) BNSS Notice by Police. Safeguards, Precuations and Remedies for Accused.

Section 35(3) of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 — ...

V128 - S.187 (3) BNSS - Statutory Default Bail on Police Failure to Chargesheet

🎯 Default Bail Explained under the Bharatiya Nagrik Suraksha Sanhita, ...

🎯 Default Bail Explained under the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS)

Under Section 187(3) BNSS, an accused person becomes entitled to default bail (also called statutory bail) if the investigation ...is not completed and the charge sheet is not filed within 60 or 90 days, depending on the gravity of the offence.
This provision corresponds to Section 167(2) of the old Criminal Procedure Code (CrPC), 1973, and preserves the same legal principles.

🧾 Legal Provision:
Section 187(3), Bharatiya Nagrik Suraksha Sanhita, 2023 — Right to be released on bail when the investigation is not completed within 60 or 90 days.

❓ Frequently Asked Questions (FAQs):

What is default bail?

What are the statutory time limits for filing a charge sheet?

When does the right to default bail actually arise?

If the charge sheet is filed on the 60th or 90th day, can the accused still claim default bail?

What if the charge sheet filed is incomplete or defective?

Does the Magistrate’s act of taking cognisance matter?

Is the right automatic or does the accused need to apply?

What if the charge sheet is filed after the bail application but before bail is granted?

Can the accused claim default bail after the charge sheet if he never applied earlier?

How is the period of 60 or 90 days counted?

Can default bail be cancelled later?

Does default bail apply to special laws like NDPS, UAPA, or PMLA?

Is the right under BNSS any different from CrPC?

Is default bail the same as regular bail?

Keywords: #DefaultBail #BNSS2023 #StatutoryBail #CriminalLaw #LawStudents #LegalUpdate #Section187BNSS #CrPC167 #IndianLaw #BailRights

⚠️ Disclaimer:
The information shared in this video is for educational and general informational purposes only. It does not constitute legal advice or create an advocate-client relationship. Viewers should not act or rely on any information contained herein without seeking independent legal counsel or professional advice specific to their situation.
While every effort has been made to ensure accuracy, laws and interpretations may change over time. The creator and channel assume no responsibility or liability for any errors, omissions, or outcomes arising from reliance on this content.

📞 For any discrepancy, clarification, or to contact the advocate:
Adv. Prashant Kanha
📱 WhatsApp / Call: 9910757999 | 9599732224Show More

V127- Caste Certificate Verification Law | जाति प्रमाण-पत्र का सत्यापन बिना विजिलेंस के अवैधानिक

This video explains the critical role of the Vigilance Cell in the ...

This video explains the critical role of the Vigilance Cell in the verification of caste certificates in India, particularly in states like Uttar Pradesh, where caste-based reservations and benefits require ...stringent scrutiny mechanisms.

Presenter: Prashant Kanha. Advocate on Record Supreme Court of India
EXPERT Advocate: Mr. Nikhil Kumar, Advocate, Allahabad High Court, Prayagraj. Mobile - 9415217628.

The process of caste verification is guided by the landmark judgment of the Hon’ble Supreme Court in Kumari Madhuri Patil & Anr. v. Addl. Commissioner, Tribal Development & Ors., AIR 1995 SC 94. In this judgment, the Court laid down a detailed procedure for the constitution of Caste Scrutiny Committees and mandated the involvement of a Vigilance Cell for independent field inquiries.

As per this framework, no caste certificate should be cancelled or verified without a Vigilance inquiry. The Vigilance Cell is responsible for:

-Conducting on-site investigations at the place of origin of the applicant’s caste documents (such as school or village records),

-Recording statements of independent persons from the applicant’s community or locality,

-Verifying whether the individual is socially accepted as belonging to the claimed caste,

-Submitting a detailed report to the Caste Scrutiny Committee, which is binding on the Committee in most circumstances.

In Uttar Pradesh, the caste verification process is further institutionalized through Government Orders issued by the Department of Social Welfare and the Backward Classes Welfare Department. At the district level, caste scrutiny committees operate under these orders. The Vigilance Cell, often headed by an Additional Superintendent of Police, functions as a fact-finding body to support the committee’s final decision.

The High Courts have held that any order passed by the Scrutiny Committee without a Vigilance Cell report is procedurally defective and liable to be set aside in writ jurisdiction under Article 226 of the Constitution.

🔍 इस वीडियो में आप जानेंगे:
विजिलेंस सेल की प्रक्रिया और कार्यप्रणाली

सुप्रीम कोर्ट द्वारा स्थापित मापदंड (Madhuri Patil Judgment)

उत्तर प्रदेश सरकार के दिशा-निर्देश और आदेश

उच्च न्यायालयों द्वारा निर्धारित विधिक सीमाएं

सत्यापन में निष्पक्षता और पारदर्शिता का महत्व

⚖️ Disclaimer
This video is intended for informational and educational purposes only.
It does not constitute legal advice or legal service of any kind.
Viewers are encouraged to consult a qualified legal professional for any specific legal concerns.
⚖️ अस्वीकरण:
यह वीडियो केवल जानकारी और विधिक साक्षरता बढ़ाने के उद्देश्य से बनाया गया है। इसमें दी गई जानकारी को विधिक परामर्श या सेवा न माना जाए। कृपया किसी भी कानूनी विषय पर सलाह हेतु योग्य अधिवक्ता से संपर्क करें।

#CasteCertificate #VigilanceCell #MadhuriPatilJudgment #UPGovOrders #LegalAwareness #SCSTOBC #IndianLaw #LawExplained #LegalLiteracy #HindiLawVideo #castecertificateonline #castecensus2025 #casteShow More

V126 Attempt to Rape- Where Allahabad High Court went wrong? CNN

V125 - Motor Accident- Award directly to be paid in Victim's Bank. Bank Account details mandatory.

*****DISCLAIMER****** THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR ...

*****DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to ...stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. The information may not be the latest as it takes into account the law as of the date of recording of the video.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224 by Call or WhatsApp Message.

****************

CASE DETAILS:
PARMINDER SINGH VERSUS HONEY GOYAL AND OTHERS
https://indiankanoon.org/doc/30573200/

ALSO, FOR MACT GUIDELINES, SEE ALL ORDERS IN:
Writ Petition(s)(Civil) No(s). 534/2020; BAJAJ ALLIANZ GENERAL INSURANCE COMPANY PRIVATE LTD. VERSUS UNION OF INDIA & ORS.

DIRECTIONS IN - PARMINDER SINGH VERSUS HONEY GOYAL AND OTHERS: -

17. The case in hand pertains to the compensation awarded under the Motor Vehicles Act. The general practice followed by the insurance companies, where the compensation is not disputed, is to deposit the same before the Tribunal. Instead of following that process, a direction can always be issued to transfer the amount into the bank account(s) of the claimant(s) with intimation to the Tribunal. 17.1 For that purpose, the Tribunals at the initial stage of pleadings or at the stage of leading evidence may require the claimant(s) to furnish their bank account particulars to the Tribunal along with the requisite proof, so that at the stage of passing of the award the Tribunal may direct that the amount of compensation be transferred in the account of the claimant and if there are more than one then in their respective accounts. If there is no bank account, then they should be required to open the bank account either individually or jointly with family members only. It should also be mandated that, in case there is any change in the bank account particulars of the claimant(s) during the pendency of the claim petition they should update the same before the Tribunal. This should be ensured before passing of the final award. It may be ensured that the bank account should be in the name of the claimant(s) and if minor, through guardian(s) and in no case it should be a joint account with any person, who is not a family member. The transfer of the amount in the bank account, particulars of which have been furnished by the claimant(s), as mentioned in the award, shall be treated as satisfaction of the award. Intimation of compliance should be furnished to the Tribunal.

18. In some cases, where the compensation is awarded to minor claimant(s) or otherwise, the Tribunal directs for keeping a certain percentage of the amount in a fixed deposit. Such a direction can always be issued in the award itself to be complied with by the concerned bank. When the amount is transferred by the Insurance Company in the account of the claimant(s), it shall be the responsibility of the bank to ensure that specified portion thereof is kept in the fixed deposit. Compliance is to be reported by the bank(s) to the Tribunal.

19. It is also a fact that substantial amount of compensation in motor accident cases remains deposited in the Tribunal as the claimant(s) may not have approached the Tribunal for release thereof for various reasons. Delay for any reason in release of compensation in motor accident cases by the Tribunal to the claimant(s), where the amount is deposited in Tribunal, as directed, results in loss of interest to the claimant(s). In case the aforesaid process is followed, the gap would be bridged. The real object of the beneficial legislation, namely to compensate for the loss of earning member of the family or for the injuries suffered by the claimant(s), will be achieved and compensation can be disbursed without any delay.

20. We may add that directions are being issued for bank transfer of the amount of compensation in motor accident cases, but the Courts/Tribunals can always follow this process in any matter, whenever any amount is to be paid by one party to another, however, ensuring proper compliance.Show More

V124 - Caveat Filing in Court. What to do after winning a case?

Read in detail about Caveat Application : ...

V123- Transfer petition in Supreme Court of India for Divorce, Restitution, Custody, Maintenance.

*****DISCLAIMER****** THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR ...

V122: Quashing of FIR or criminal case and grant of interim relief. Supreme Court guidelines.

Quashing of an FIR or criminal case" means a court order to completely ...

Quashing of an FIR or criminal case" means a court order to completely dismiss a First Information Report (FIR) or criminal proceedings, essentially removing the case from the legal system, ...and "grant of interim relief" refers to a temporary order issued by the court during the pendency of a petition to quash an FIR, usually pausing further investigation or proceedings until the final decision on quashing is made, but this is only granted in rare situations with compelling reasons.

A First Information Report (FIR) can be quashed on several grounds, including:
- Ingredients of Offence missing from reading of FIR.
-Lack of evidence: If there is not enough evidence to establish a case against the accused
-Lack of prima facie case: If the allegations in the FIR do not constitute a cognizable offence
-Compromise between parties: If the complainant and accused have reached a settlement
-Abuse of legal process: If the FIR was filed to harass the accused or for ulterior motives
-Violation of legal rights: If the FIR was filed in violation of the accused's fundamental rights
-Compelling circumstances: If continuing the legal proceedings would cause extreme hardship to the accused
-Frivolous or vexatious allegations: If the FIR was filed with malicious intent
-Legal bar: If there is a legal bar against the proceeding

******DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. The information may not be the latest as it takes into account the law as of the date of recording of the video.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224 by Call or WhatsApp Message.

****************
PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers.Show More

V121- Section 138 141 Negotiable Instruments Act. Directors & Company - Accused. Complaint & Summon

Comprehensive Analysis of Section 138 and 141 of the Negotiable ...

Comprehensive Analysis of Section 138 and 141 of the Negotiable Instruments Act, 1881 with Relevant Case Laws
Section 138 criminalizes the dishonor of cheques due to insufficient funds or exceeding the ...arrangement with the bank. This provision ensures the reliability of cheques in commercial transactions.

Punishment: Imprisonment up to two years, or Fine up to twice the cheque amount, or Both.

Essential Conditions:

The cheque must be issued for a legally enforceable debt or liability.

The cheque must be presented within 3 months or its validity period.

A legal notice must be issued within 30 days of dishonor.

The drawer must fail to pay within 15 days of notice receipt.

2. Section 141 – Offences by Companies

Section 141 extends liability for cheque dishonor to companies and individuals responsible for its operations. Vicarious liability applies to directors and officers only if the company is prosecuted.

Conditions:

The company must be arraigned as an accused.

The accused must have been in charge of and responsible for company operations.

3. Section 142 – Procedure for Cognizance

Complaints must be filed within one month of the cause of action.

Only the payee or holder in due course can file the complaint.

The complaint must be filed before a competent magistrate.

II. Judicial Interpretation of Vicarious Liability

1. Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. [(2012) 5 SCC 661]

Issue: Can directors be prosecuted without the company?

Judgment:
The Supreme Court held that arraigning the company is mandatory. Directors or officers cannot be prosecuted unless the company is made a party.

Observation:
"Commission of an offence by the company is a condition precedent to attract the vicarious liability of others."

2. Anil Gupta v. Star India Pvt. Ltd. [(2014) 10 SCC 373]

Issue: Can proceedings continue against a director without the company?

Judgment:
Failure to arraign the company is a substantive defect. The Supreme Court quashed the proceedings against the director.

Observation:
*"The company, being the principal offender, must be made a party."

3. N. Harihara Krishnan v. J. Thomas [(2018) 13 SCC 663]

Issue: Can a director be prosecuted without the company?

****************
PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224. By Call or WhatsApp Message.

******DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice.
The information may not be the latest as it takes into account the law as of the date of recording of the video.Show More

V120- RERA rehab centre for retired bureaucrats who undermined its powers-SC | NDTV | Pashant Kanha

V-119 Societies Registrar cannot cancel Registration of Apartment Owners Association? Prashant Kanha

Under the Societies Registration Act 1860 as amended in Uttar Pradesh, ...

1 of 15

News & Interview Videos

Checklist for Tenants (Policy Matters S01E146)

In this video, we discuss a few important things that a tenant should check before finalising a rental property.

• Check property ownership papers to see if the owner has ...the right to offer tenancy of that property. If the owner is offering it through the power of attorney or the owner has a sale or lease deed and has the right to sublease the same.
• All society and municipal dues should be clear.
• Check if the government taxes have been cleared.
• Check if any flat transfer charges are applicable in that particular society.
• Tenants may have to pay wear and tear charges during shifting. Charges for wear and tear during shifting could range from INR 2,000-5,000 depending on the society.
• Fix the minimum period of tenancy.
• Specify the annual increment on rent.
• Terms and conditions of increasing rent should be decided beforehand.

The method of revocation of the agreement should be decided. The notice period for eviction should be mentioned in the agreement. Methods of extending the agreement should also be mentioned. Another important aspect is to check the building and maintenance charges applicable separately for within and common premises of society. What will be the penalty in case of non-timely payment of rent and if the landlord wants to add any penalty clause, it should be mentioned clearly in the agreement

All undisclosed charges are usually not mentioned in the agreement of a housing society. Getting clarity on who will pay the unannounced charges is important. One also needs to mention whether the tenant wants to register the agreement or not. As per the law, the tenant is liable to register the agreement because they are considered beneficiaries of the agreement.

If you have a rent agreement of 11 months, then after 11 months, when the rent agreement is renewed, brokerage need not be given again as you are in the same property. Also, no brokerage is given if renewal is within 11 months.

When the broker is involved and helps renew your agreement again, he could charge money for the execution of the agreement. If an 11-month tenancy agreement is renewed a third time, you must pay stamp duty on it. Otherwise, the district magistrate might impose a penalty on the same. The benefit of the rental agreement registration is that you can enforce the agreement as it is a legal document. So, to conclude it is very important to go through the checklist thoroughly and be safe.

For more information

Rental Control Act – Rental Agreement, Rights of Tenant and Landlord

https://www.magicbricks.com/blog/rental-control-act--rental-agreement-rights-of-tenant-and-landlord/118851.html?utm_source=youtube&utm_medium=post&utm_campaign=youtube-post-passive_content_social&utm_term=link1_Checklist_for_Tenants_(Policy_Matters_S01E146)&utm_content=

Model Tenancy Act 2021 – Protects the rights of landlords and tenants

https://www.magicbricks.com/blog/model-tenancy-act-2021--protects-the-rights-of-landlords-and-tenants/121599.html?utm_source=youtube&utm_medium=post&utm_campaign=youtube-post-passive_content_social&utm_term=link2_Checklist_for_Tenants_(Policy_Matters_S01E146)&utm_content=

The Ultimate Landlord Tenant Checklist for First-Time Renters

https://www.magicbricks.com/blog/checklist-for-tenants-and-landlords/128508.html?utm_source=youtube&utm_medium=post&utm_campaign=youtube-post-passive_content_social&utm_term=link3_Checklist_for_Tenants_(Policy_Matters_S01E146)&utm_contentShow More

Checklist for Tenants (Policy Matters S01E146)

In this video, we discuss a few important things that a tenant should ...

SC: Daughter-in-law has Right to live in in-law's house

Do women have rights on their father-in-law's property? What is the ...

Do women have rights on their father-in-law's property? What is the new judgment? According to Prashan Kanha, Advocate:

• On 15 Oct 2020, a Supreme Court verdict gave relief to ...married women
• Daughters-in-law have the right to stay at their in-law's house
• The wife will have the right to claim "shared household" of the joint family
• Eviction suit cannot be filed against a daughter-in-law
• The wife has the right to a residence on the joint property
• She cannot claim a share in the property but has the right to residence
• Under the Domestic Violence Act, N 2005, she can ask for residential rights

Previously, what were the rights of a married woman?

• Previously, at the time of divorce, women were eligible to only stay on the husband's property
• Before this judgment, there could be no claim on the shared property
• Shared property means the husband's financial contribution to the property
• Earlier, women were eligible to claim only rented accommodation or husband's owned house
• Wife was not eligible to claim any right on the father-in-law's property

Will there be any impact of this judgment on the property share?

• Share in the property will be according to the alimony or on a mutual basis
• This judgment is not about the right to property
• This judgment is only about the right to residence
• Right to a residence is till the wife does not get permanent residence
• A wife cannot be evicted from the house till she wants to stay

Is the judgment applicable only on an individual property or on the joint property as well?

• This decision will impact all the places where the husband and wife were staying or had stayed together
• If husband and wife were staying in a joint family, then the judgment will be applicable
• If husband and wife were staying alone in rented accommodation, then also judgment is applicable
• If the husband stops paying rent, the wife can stay on the father-in-law's property
• The wife can submit a plea for the right to residence

What will be the impact of this judgment on a woman's life?

• Just because of a dispute between husband and wife, she should not move her base or change the city
• The wife does not have to move her professional career because of personal issues
• The wife can continue to stay in the house she was living in

For more information

Inheritance Laws In India - All You Need to Know

https://www.magicbricks.com/blog/inheritance-laws-in-india/127275.html?utm_source=youtube&utm_medium=post&utm_campaign=youtube-post-passive_content_social&utm_term=link1_SC:_Daughter-in-law_has_Right_to_live_in_in-law's_house
&utm_content=Show More