Category Archives: Useful Information

What is Registered Post AD? How to send Registered Post with Acknowledgement

Lawyers very often send letters or legal notices to people through Registered Post A. D. also known as RPAD or Registered Post with Acknowledgement Due. This article explains why Registered Post is used and how to send a letter or parcel through Registered Post.

What is Registered Post with Acknowledgement Due?

Registered Post with Acknowledgement Due is written on any postal article, for which the sender wants a proof or acknowledgement of delivery to confirm that it has been received by the addressee or his representative.

The fee for adding an Acknowledgement Card is Rs. 3 extra. The Acknowledgement Card is delivered by ordinary post.

What type of postal mail can be registered?

All postal mail except for Post Cards can be registered.

This includes:

  • Letters
  • Parcels
  • Journals
  • Books

Why do we use Registered Post?

Registered Postal Article details are entered into a special register, which ensures proper delivery of the article. Ordinary post which is dropped in the post box or at the counter of the post office is not registered and there is no proof of delivery available for it.

Can we user Speed Post or Private Courier services in place of Registered Post? What is the difference between Speed Post AD and Registered Post AD?

Can we send a Registered Letter or Parcel without attaching an acknowledgement?

Yes. If the Letter or Parcel does not bear the words “Acknowledgement Due” or “AD” or indicate that an acknowledgement is required, the letter will be registered but not

How do we send a Registered Letter or Registered Parcel with Acknowledgement Due?

Steps to send a Registered Letter / Parcel with Acknowledgement Due Card:

1. On the Registered Letter or Parcel at the top left corner or above the name of the addressee, clearly mention the words “REGISTERED POST A/D” or “REGISTERED” or “REGISTERED POST WITH ACKNOWLEDGEMENT DUE” or “Regd. Post A/D” or even “Regd. A/D”

2. Fill in a Registered Post Acknowledgement Card:

The Card can be obtained free of cost from your nearest Post Office. You can also buy bundles of 50 cards by paying a nominal fee. You can also get the card photocopied and use it.

Fill up the front of the card Sender’s Address with the your address in the three lines provided. Fill in the most accurate address, so that the card comes back to you. Fill in the PIN code correctly.

Registered Post AD Card Front

Registered Post AD Card Front

At the back of the AD Card, you will need to fill in the following (as shown in blue):

  • Select Registered Letter or Registered Parcel or Fill in if it is a Book / Journal etc.
  • In the Dated field enter the date on which you will post the letter / parcel
  • In the Addressed To field mention the receivers complete name and address.

 

Registered Post AD Card Back

Registered Post AD Card Back

3. After making the payment for the letter / parcel, retain the receipt so that you can track the parcel in future.

Once your parcel / letter is delivered, the Addressee must fill in the Date on which the letter / Parcel was Received and also Sign / Stamp the AD Card (shown above in red).

How do I track the delivery of Registered Post?

You can track the delivery of the document by visiting: http://www.indiapost.gov.in/

If your document was delivered but you didn’t receive the AD Card back or your document was undelivered or the status is not known, then you can place a complaint at: http://ccc.cept.gov.in/ComplaintRegistration.aspx

After placing a complaint, you will receive a letter in writing, stating whether your document was delivered or not. Additionally you can apply for a Proof of Delivery of the document in future.

Floor Space Index (FSI) in Mumbai. Explanation with images

What is the meaning of Floor Space Index (FSI)?

Floor Space Index is the ratio between the liveable area on all floors of the building to the actual area of that plot of land.

It is also known as the Floor Area Ratio i.e. the ratio between the sum of all floors and the Area of the plot of land.

Floor Space Index (FSI) in Mumbai

Floor Space Index (FSI) in Mumbai where FSI = 1

Floor Space Index (FSI) in Mumbai where FSI = 2

Floor Space Index (FSI) in Mumbai where FSI = 2

 

Section 2 (42) of the Development Control Regulations for Greater Bombay, 1991 state that:

(42) “Floor Space Index (FSI)” means the quotient of the ratio of
t h e combined gross floor area of all floors, excepting areas specificallyexempted under these Regulations, to the total area of the plot, viz. :—

Floor Space Index (FSI) =

Total covered area on all floors
—————————————
Plot area

Which law(s) govern Floor Space Index in Mumbai?

The Development Control Regulations for Greater Bombay, 1991 defines FSI and state its regulation.

What is the Floor Space Index FSI in Mumbai?

Section 32 of the Development Control Regulations for Greater Bombay, 1991 deals with Floor Space Indices and Tenement Density in Residential, Commercial and Industrial Zones.

The maximum permissible Floor Space Indices and tenement densities for various occupancies and locations and for various use zones are given in Table 14 of the Regulations.

Floor Space Index values as per Table 14 for New Residential Buildings


Location FSI Value
Island City 1.33
The area earmarked for BARC from ‘M’ Ward and the areas
comprised in “N” ward bounded on the west by Eastern Express Highway; on the North by northern boundary of ‘N’ Ward on the East by Thane Creek and on the south by the northern boundary of N Ward.
0.75
Akse, Erangal and Marve in the P North Ward and Gorai and Manori in the R Ward excepting gaothan proper 0.5
Remaining Suburbs and Extended Suburbs including gaothans 1.0

What is the Floor Space Index for redevelopment or reconstruction of Old / Existing Buildings?

Section 33 of the Development Control Regulations for Greater Bombay, 1991 deals with Additional Floor Space Index which may be allowed in certain categories:

(7) Reconstruction and redevelopment of cessed buildings in the Island City by Co-operative Housing Societies or of old buildings belonging to the Corporation:—
For reconstruction / redevelopment to be undertaken by Cooperative Housing Societies of existing tenants or
by Co-operative Housing Societies of landlords and/or Occupiers of a cessed building of ‘A’ category in Island City, which attracts the provisions of MHADA Act, 1976,
and
for reconstruction/redevelopment of the buildings of the Corporation constructed prior to 1910,
the floor space index shall be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III, whichever is more.

Provided, however that with the previous approval of the Government,
MHADA/Corporation shall be eligible to get additional incentive FSI over otherwise permissible FSI as specified in Annexure III of these Regulations.

Provided further that in cases of composite redevelopment scheme for plot having ‘A’ category as also ‘B’ category cessed buildings the above FSI shall be available.

Provided further that in cases of, reconstruction/redevelopment of buildings which have been declared as unsafe by the BHAD Board prior to monsoon of 1997. the above FSI will be available irrespective of category cessed building.

Provided further, that reconstruction/redevelopment undertaken by proposed Cooperative Housing Societies of Landlords and/or Occupiers of a cessed building of ‘B’ category, and where composite development is undertaken by different owners of 5 or more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III will be available.

What is Fungible FSI?

 

 

2 Year LLM Syllabus Mumbai University

Syllabus for Mumbai University’s 2 Year LL.M. Post-Graduate Degree Course done after LL.B.

2 Year LLM Syllabus Mumbai University

2 Year LLM Syllabus Mumbai University

 

Eligibility for LL.M. in Mumbai University

As per Ordinance 5231 of the University of Mumbai:

The minimum qualification for a candidate of general category
making an application for admission to the LL.M. degree course is
a Second Class LL.B. degree obtained at one and same sitting of
this University or a degree recognized as equivalent thereto.
However candidates belonging to reserved category may make an
application to the L.L.M. degree course with a pass class.

Circular No. UG/169 of 2004, Dated 30th April, 2004

Specializations

  • Group I  – Constitutional and Administrative Law
  • Group II  – Business Law
  • Group III – Law of Intellectual Property and Information Technology
  • Group IV – Human Rights Law
  • Group V – Criminal Law and Criminal Administration
  • Group VI – Environment and Legal Order

Examination System

  • Total 4 Semesters
  • Students need to appear for 4 Compulsory Papers + 6 Group-wise Papers
  • Semester 1 = Compulsory Papers 1 and 2 + Group Papers 1 and 2
  • Semester 2 = Compulsory Papers 3 and 4 + Group Papers 3 and 4
  • Semester 3 = Group Papers 5 and 6 + Practical / Research Work
  • Semester 4 = Dissertation + Viva Voce

Syllabus

Foundation / Compulsory Papers

  1. Law And Social Transformation In India
  2. Indian Constitutional Law: The New Challenges
  3. Judicial Process
  4. Legal Education And Research Methodology

Group-wise Optional Papers (Click on the name to toggle)

  1. Constitutionalism : Pluralism and Federalism
  2. National Security Public Order and Rule of Law
  3. Comparative Constitutional Law
  4. Administrative Process : Nature and Scope
  5. Administrative Process and Judicial Control
  6. Public Authorities and Power Holders : Controls on Maladministration

  1. Fundamental Principles of Law of Contract and Allied Laws
  2. Global Trade under World Trade Organisation
  3. Corporate Law
  4. Law Relating to Customs and Foreign Exchange
  5. Law of Insurance
  6. Banking Laws

  1. Intellectual Property and International Organizations and Agreements
  2. Patent Law
  3. Trademarks
  4. Copyrights and other Related Rights
  5. Law of Industrial Designs, Geographical Indications, Layout Designs Etc.
  6. Information Technology

  1. Concept and Development of Human Rights
  2. Human Rights and International Order
  3. Protection and Enforcement of Human Rights in India
  4. Human Rights of Disadvantaged Groups
  5. International Humanitarian Law and Refugee Law
  6. Science, Technology and Human Rights

  1. Criminal Jurisprudence
  2. Penal Laws
  3. Criminology
  4. Collective Violence and Criminal Justice System
  5. Penology : Treatment of Offenders
  6. Forensic Science and Scientific Investigation of Crime

     

  1. Environmental Development : Law and Policy
  2. Resource Management and the Law
  3. Prevention and Control of Pollution
  4. Environment and International Legal Order
  5. Biological Diversity and Legal Order
  6. Environmental Legislation

Interlocutory Orders in India

What is the meaning of “Interlocutory Orders”?

An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues.

An Interlocutory Order is given mainly to ensure that the interests of either party are not harmed due to and during the process of justice.

As per section 94 of the Code of Civil Procedure 1908 Part 6:

94. Supplemental Proceedings

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Schedule 1 of the C. P. C. (Various Orders and Rules) deals with the procedural aspect in greater detail.

Examples of Interlocutory Orders:

  • Appointment of Commissioner to conduct search and seizure
  • Temporary Injunctions
  • Appointment of Court Receiver to collect rent or payments,
  • Payment into court
  • Security for maintaining a cause

Case Law

Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63

  • Held: The Supreme Court will abstain from passing an interlocutory order if the passing of such an order has an effect or tends to be susceptible of an inference of pre-judging some important and delicate issue in the main matter

The law on speed breakers and speed humps in India

Did you know that there were laws governing speed breakers? Very few government officers and even motorists are aware of these laws and design specifications. This article attempts to explain the law on speed breakers in India.

The law on speed breakers and speed humps in India

The law on speed breakers and speed humps in India

What are speed breakers?

Speed Breakers are traffic management devices which use vertical deflection to slow down vehicles passing over them.

Speed breakers are also known as Speed Humps, Speed Bumps, Speed Ramps, Speed Cushions or Speed tables

Why are speed breakers used?

Speed breakers are used to slow down traffic near schools, hospitals so that children can cross the road more easily or senior citizens can cross at ease. They are also placed near toll booths and entry points of bridges or narrow roads, to ensure that motorists reduce their speed.

Why are unplanned or illegal speed breakers bad?

While speed breakers can help in slowing down traffic and reducing high speed crashes, an unplanned or illegal speed breaker can be as much (if not more) dangerous than the high speed crashes it is trying to prevent. It is very common across India to see speed breakers being laid willy-nilly

  • Slows down emergency vehicles like ambulances, police vehciles and fire trucks
  • Cause traffic congestion and sudden braking
  • Reduces fuel efficiency and increases air pollution of vehicles
  • Causes rapid wear and tear of vehicles
  • The impact can be harmful for patients in transit, senior citizens and pregnant women.
  • Causes an increase in Noise Pollution due to sudden braking, honking, vehicle parts and traffic congestion 
  • May scrape the under-body of low floor cars
  • Can cause vehicles (especially 2 wheelers) to skid and cause a collision due to loss of control

Is there a law governing speed breakers?

Coming soon….

There are various judgements by various Courts, directing the government to

Laws which refer to speed breakers:

  • Home Department’s Resolution No. TFC-1092-991-V dated 23rd March 1992

Where can speed breakers be placed as per law?

Speed Breakers must be used only in urban areas for minor roads and residential areas. Speed Breakers are NOT recommended on high-speed roads or highways outside urban limits.

As per the Indian Road Congress guidelines, dated 12 June 1987, speed breakers must be placed on minor roads, only as follows:

4.1 Warrants:

Use of speed breakers is justified only in the following 3 circumstances:

  1. T-intersections of minor roads with rural trunk highways, characterized by relatively low traffic volumes on the minor road but very high average operating speed and poor sight distances. Such locations have a high record of fatal accidents and as such a speed breaker on the minor road is recommended;
  2. Intersections of minor roads with major roads, and mid-block sections in urban areas where it is desirable to bring down the speeds; and
  3. Selected local streets in residential areas, schools, colleges or university campuses, hospitals, etc. Also in areas where traffic is observed to travel faster than the regulated or safe speed in the area.

Other place where these may be used include:

1. Any situation where there is a consistent record of accidents primarily attributed to the speed of the vehicles e.g. when hazardous sections follow a long tangent approach;

2. Approaches to temporary diversions;

3. Approaches to weak or narrow bridges and culverts requiring speed restriction for safety;

4. On the minor arms of uncontrolled junctions and at railway level crossings;

5. Sharp curves with poor sight distances; and

6. Places of ribbon development, where road passes through builtup areas and vehicles travelling at high speeds are a source of imminent danger to pedestrians.

What are the specifications for ideal speed breakers?

The Indian Roads Congress has suggested that speed breakers are formed basically by providing a rounded (of 17 metre radius) hump of 3.7 metre width and 0.10 metre height for the preferred Advisory crossing speed of 25 km/h for general traffic. It is mentioned that more humps be constructed at regular intervals depending on desired speed and acceleration/deceleration characteristics of vehicles and that the distance between one hump to another can vary from 100 to 120 metres centre to centre.

What type of marking and painting needs to be done on speed breakers?

What type of marking and painting needs to be done on speed breakers in India?

What type of marking and painting needs to be done on speed breakers in India?

  • Drivers should be warned of the presence of speed breakers by posting suitable advance warning signs. The warning signs, should be of the design ‘HUMP OR ROUGH ROAD’ detailed in IRC: 67-1977 ‘Code of practice for Road Signs’. The sign should have a definition plate with the words ‘SPEED BREAKER’ inscribed thereon and should be located 40 m in advance of the first speed breaker.
  • Speed breakers should be painted with alternate black and white bands to give additional visual warning. For better night visibility, it is desirable that the markings are in luminous paint/luminous strips. Embedded cat-eyes can also be used to enhance night visibility.

Who is authorized to install speed breakers? Who is responsible for maintaining and installation of speed breakers?

Location of the speed breakers are authorised by the Traffic Police Department on its own or on suggestions received from the public .

The public may  send suggestions on placement or requirement of speed breakers to the

  • Traffic Police Department or
  • Traffic Department of the Municipal Corporation (Eg: MCGM in Mumbai)

The Director General of Police of the state and concerned Municipal Commissioners/ Councillors in charge of Municipal Corporations/Councils are also accountable for the upkeep and maintenance of the speed breakers and to ensure that new speed breakers are constructed in consonance with the guidelines provided by the Indian Road Congress.

The National Highways Authority of India is responsible for speed breakers on the highways.

Landmark Cases on Speed Breaker Law

  • J P Sanghi v. State Of MP 1984 – Petition challenging the speed breakers in the town of Jabalpur and also on national highways passing through Madhya Pradesh.
  • Kumudben Sureshchandra v. Jamnagar Municipal Corporation 1996 – Death due to unmarked speed breaker and compensation – “The Government, the authority in charge of Highways and local authorities, such as Municipal Corporation, Municipalities, Panchayats, and Urban Development Authorities, within their respective territorial jurisdiction, are duty bound to provide safe and motorable roads without any obstruction and with just and reasonable safety devices. If in law there is no provision for erecting a speed breaker, and if it is found that the speed of vehicles at a particular point of road is to be regulated, then a scientific study of the same keeping in mind various aspects has to be undertaken so as to make the device to reduce the speed just and reasonable, which would not result into causing more unintended harm than intended benefits.”
  • Kewal Semlani v. Commissioner Of Bombay And Ors. 2005 – Bombay High Court issues directions for speed breakers in Mumbai.
  • N.D.M.C. v. Shri Chander Kishore Aggarwal 2011 – Compensation of Rs. 1 Lakh granted to motorist. NDMC held guilty of negligence for not maintaining speed breaker and thereby causing the accident.