Practicing Since : 2007 New Delhi
- Property Dispute
- Divorce & Alimony
- Child Custody
- Family Dispute
- International Laws
- Cheque Bounce
- Womens Protection
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
A landlord, according to law is the rightful owner of any apartment, house, condominium, land or any other type of real estate that is either leased or rented to any individuals or businesses, called either a tenant, lessee or renter. In the involvement of a juristic person, the nomenclature landlord is applicable. Other names for landlord are owner or lessor. If the owner is a female, then she is called a landlady while lessor is applicable to both sexes. The term landlord comes from manoralism or (seignorialism), in which landed estates owned by Mesne Lords or Lord of the Manor in medieval times were
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.
International laws are sets of rules that govern relations and settle disputes between nations. It is the basic foundation for practicing organized and stable international relations. International law is applicable only to systems that are state-based rather than private citizens. Cases pertaining to international law are usually heard in the International Criminal Court or the European Court of Human Rights. The larger part of international law is on governance based on consent. Public international law concerns relationships pertaining to treaties between nations while Private international law deals with permissible jurisdictions that may be granted to judge any legal dispute between two or more private parties as also the right jurisdiction's law which may be applicable.
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.
A will is a written document through which any living person specifies how his estate, comprising both personal and real properties, is to be managed and/or distributed after he dies. On the demise of the person, the executor of the will is required to file for a probate wherein a court of law recognizes the validity of the will and gives permission for its execution. A trust, on the other hand, is a type of relationship which an individual creates with one or more individuals called trustees, who will perform certain duties to protect and use the former’s property for others’ benefit.
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