Dinkar Kalra is an Advocate-On-Record practicing in the Hon'ble Supreme Court of India & the Delhi H [ + ]
Dinkar Kalra is an Advocate-On-Record practicing in the Hon'ble Supreme Court of India & the Delhi High Court for a decade.His experience spans multiple areas of Law including Matrimonial & Family Law, Real Estate & Property Law, Business & Corporate Law, Healthcare & Medical Malpractices, Civil & Contract Law, Telecom & Media Law and more. Over the years, he has represented numerous clients in Family and Matrimonial Matters pertaining to family settlements, acted as executor of estate, mediated matrimonial problems, resolved criminal complaints in matrimonial matters and handled child custody cases. He has also catered to several clients in Property and Real Estate cases for resolution of disputed properties, land use cases, cases pertaining to possession, ownership and rent control, documentation & negotiations in sale and purchase of properties. Dinkar also has experience of handling matters relating to Trademarks registration, licence and disputes. Corporate and Business Law is a core area of expertise for Dinkar. He is consulted by various companies for Agreements & Contract Drafting, Arbitrations and Negotiations, Regulatory Compliance, Policy & Document Creation and for seeking Legal Opinions. He has created several important documents for his clients including Franchise Agreement - for an international hospitality chain expanding its business in India, a popular restaurant chain in India and various pre-schools and schools operating all over India. Other Agreements include Patient Referral Agreements for Hospitals, Consent Forms on behalf of patients for medical procedures and surgeries, Surrogacy and Adoption Agreements, Operations and Service Agreements. Dinkar has also helped companies with designing their complete legal framework. He was instrumental in devising the entire Human Resource Policy of a major hospital in Delhi covering areas such as Employment Agreements for multiple management positions - Top level executives, Mid level managers and Operations personnel. Terms and Conditions of Employment, Health Policy, Disciplinary Actions, Sexual Harassment framework, Non-Poaching Agreements and Non-Compete Agreements. He also created the legal framework of an international medical tourism company covering areas of the company's Agreements with Hospitals, Website Policy and Disclaimers, Liability Clarifications on part of the company and on the part of its Affiliated Hospitals, Monetary Overlay. Dinkar is currently representing several Corporate Entities, Societies and Associations including Apollo Group of Hospitals, Adiva Group of Hospitals, Mother's Pride and Presidium Group of Schools, I AM MARVEL Group and Production Houses among others. [ - ]
Practicing Since : 2006
- Property Dispute
- Divorce & Alimony
- Child Custody
- Medical Malpractice
- Trademark & Copyrigh
- Family Dispute
- Cheque Bounce
- Intellectual propert
The term criminal pertains to or involves crimes and the subsequent administration of justice accordingly. Additionally, a criminal is a person who has conducted himself in a manner causing social harm that calls for punishment according to the degree of offence as prescribed by law. There are two basic conditions for establishment of criminality: The accused must exhibit some guilt of mind or mens rea; and must actually carry out the criminal act. This is called actus reus. Criminal acts may be broadly classified into serious crimes, major offences, contravention of law or a slight or trivial breach of the legal system.
Civil cases comprise noncriminal lawsuits and usually involve disputes over private property. Civil cases are heard for contractual breach, divorce, probate, protection of intellectual property rights, negligence, encroachment, payment of compensation & damages and getting injunctions against wrongful parties. Civil cases are also known as civil proceedings, civil actions, or civil suits. Civil cases are initiated by an entity or person called a plaintiff with a claim that some other entity or person called the defendant has failed to keep his promise to the former. Both plaintiff and defendant are called litigants or parties. Civil cases are fought in both state and Supreme courts.
When an entity or individual owns something, he is said to be the owner of property. Property is generally of two types: ``Real’’ which may imply land or any other form of real estate and industrial plants; and "personal” which comprises all else. Property may also be "Common” and may be jointly held by more than one persons. There is also "Community property," a joint ownership among an individual and his spouse while "Public property," is anything that is government owned such as the state, county, districts, parks and other public facilities. The law courts have a special responsibility to clarify and enforce ownership issues.
Divorce & Alimony
The process of divorce implies the dissolution of any legalized marriage by way of a competent and recognized court. According to the fault, offences and guilt theories, a marriage is dissolvable only if either party involved in the said marriage has to his credit any matrimonial offence. There are two parties to a divorce: the guilty and the innocent and only the latter can seek a divorce. However, if both contenders are at fault, a remedy cannot be found. Divorce can also happen by mutual consent at the free will of both parties where mutual incompatibility is the main cause.
Child custody refers to the control, care and maintenance of any individual below the age of eighteen which a competent court usually awards to any one of his parents subsequent to a separation proceeding or divorce. In most circumstances, laws of the state stipulate that the child’s biological parents are to take all decisions regarding child rearing such as education, residence and healthcare as also religious upbringing. However, should there be any disagreement between the parents on these issues or if the law feels that they are not qualified or are otherwise unfit to take such decisions then a family or juvenile court determines custody
Medical negligence refers to deliberately or negligent, improper or unskilled treatment of any patient by a qualified physician, surgeon, nurse, dentist, pharmacist or para-medical professional. Medical negligence falls under the Law of Tort. There are four elements that need to be mandatorily proved in a case of medical negligence: a physician was entrusted with the patient’s care; the said physician actually violated the caring standard ; the patient actually suffered an injury which is compensable ; and the actual injury happened due to substandard conduct. It is for the plaintiff or aggrieved party/parties to prove these elements in any malpractice lawsuit.
Trademark & Copyright
A trademark denotes a word, symbol, name or device to distinguish it from goods owned by others. Trademarks are usually used to prevent other parties from using confusingly similar marks and are registered with the Office for Trademarks and Patents. Copyright on the other hand, is protection provided to an authors of "original works” and these include literary, musical, dramatic, artistic and other specific intellectual work, both unpublished and published. There is a separate Copyright Act which gives the copyright owner an exclusive right to reproduce work copyrighted to his credit, preparation of derivative works and distribution, display and public performance of such copyrighted work.
Family disputes arise when there is conflict between family members related to each other. This may include: conflict between parents and their offspring, couples and/or siblings; step or families; and also separated couples with their own families. Such disputes may be settled by mediation through a third party known to all aggrieved parties and helps prevent expensive and time consuming litigation. Even legal advice may be sought for settlement of children’s issues, property and financial matters and in the negotiations for fair agreements. Family disputes arise mostly in cases of large estates where a prospective beneficiary has been deprived of his share.
Documentation may be defined as sets of documents provided on actual paper and online, digital media like compat ible discs or audio tapes. Documentation may be distributed through software products, websites as also any other digital applications. Professionals who are educated in documentation are termed documentalists. This is also called information science. Corporate communicators and technical writers are professionals who work in the sphere of documentation. Ideally, any technical writer has a background covering both subject matter and writing while also managing content or information architecture. While engaging in documentation, a technical writer collaborates with SMEs or Subject Matter Experts to first define and subsequently create relevant content to meet user needs.Specializing documentation involves Marketing Communications, Technical Communication, Legal Writing and Compliance Documentation.
Cheque bouncing occurs when a cheque cannot be honored in favor of the recipient because its writer had insufficient funds. A dishonored cheque is returned to its writer and a penalty is charged. A bounced cheque is also called a rubber, bad or dishonored cheque. According to Sec 138 of the Negotiable Instruments Act, the payee has the right to initiate criminal proceedings against the payer and this is a punishable offence. Alternately, the payee can re-present the bounced cheque within 6 months. However, cheques issued as gifts or loans don’t imply any legal liability and indemnifies the payer from prosecution.
LawVedic- Live Chat