Practicing Since : 2008 New Delhi
- Property Dispute
- Divorce & Alimony
- Muslim Law
- Motor Accident
- Child Custody
- Trademark & Copyrigh
- Corporate Law
- Family Dispute
- Consumer Grievances
- 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.
Muslim law in India is basically guided and governed according to the Muslim Personal Law (Shariat) Application Act of 1937. The law is applicable to the entire Indian sub-continent except for Jammu & Kashmir state. Notwithstanding any usage or customs on the contrary, the law applies to all issues except matters pertaining to agricultural land and includes within its ambit special properties owned by females that include personal property obtained by inheritance or by contract and/or gift under provisions pertaining to Personal law, intestate succession, marriage and/or its dissolution by way of talaq, zihar, ila, khula, lian & mubaraat, dower, maintenance, gifts, guardianship, trusts and wakfs
Motor accidents are said to occur when the driver of any motorized vehicle collides with another vehicle causing bodily harm to either party or both. However, there may be special circumstances when other parties, due to their negligence, are liable for any damage caused. These include: the municipality or state maintaining signs, bridges and roads; car manufacturers as also auto repair shops. The aggrieved or affected party is empowered by law to seek compensation to put him back in his original position prior to the accident. The recovery may be based on lost wages, permanent disfigurement, medical expenses and loss in earning capacity.
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
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.
The word corporate refers to any activity related to corporations, known to be the most common type of business organization. Such organizations are chartered by the government of the country in which they function, have their unique legal rights and are entities that are separate from their owners. A corporate entity is usually characterized by its owners’ limited liability and is empowered to issue easily transferable shares . Incorporation is the process of creating the corporation and subsequently gives the latter a unique legal standing separate from the owners. The owners are subsequently protected from personal liabilities if the corporate is used.
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.
Consumer complaints, also called customer complaints are situations where consumers express their dissatisfaction to a party responsible for such dissatisfaction. It usually concerns a problem regarding a service or product. A genuine consumer complaint is also a pointer to the manufacturer or service provider where exactly he is going wrong or lacks in terms of quality. These are usually informal in nature and are addressed directly to companies or service providers who go about resolving them. However, if the company or service provider fails to resolve the issue, the consumer may approach a Consumer Forum for award of appropriate compensation.
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.
Recovery is said to have been done when by way of a court judgment, something valuable is acquired and for which the said lawsuit was initiated. For instance, an aggrieved person or entity may recover money as damages for financial losses incurred or a physical injury. Recovery also means the actual amount that is ultimately paid and collected, or in other words, the judgment amount itself. The term recovery, however, has different meanings. In broader terms, it implies the return or coming back of something that was lost earlier. The legal context, however, strictly implies money payable as also other rights or property/properties.
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