Practicing Since : 2003 Thane
- Property Dispute
- Divorce & Alimony
- Customs & Central Ex
- Cheque Bounce
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.
Customs & Central Excise
Customs taxes or tariffs are payable on goods and merchandise that are either importable or exportable between countries. Most customs laws are framed to equalize charges that are imposed by foreign countries in order to preserve financial stability in domestic industries. Generally, household goods which were bought and used abroad for one year are importable without the payment of customs duties, provided the intention is not to sell them. Excise tax is imposed on the production and sale of certain specific goods within a particular country and these happen to be inland taxes as compared to customs duties which are deemed as border taxes.
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
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.
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.
LawVedic- Live Chat