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Practicing Since : 1998 Banglore
- Divorce & Alimony
- Customs & Central Ex
- Trademark & Copyrigh
- International Laws
- Cheque Bounce
- Cyber Crime
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.
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.
Immigration is the process by which an individual enters a foreign country with the intention of taking up permanent residence. Immigration status to a foreigner is usually granted to reunite him with his family members; for giving asylum to refugees fearing persecution in their native countries and to those having critical skills that a country may require. Immigration may be sponsored by a person who is already a resident of the said country but he must submit proof of appropriate financial strength to support the immigrants. Immigration is also done for employment purposes and the employer is usually the sponsor.
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.
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.
Startups are new entrepreneurial ventures that may be in the form of a company, partnership or a business entity with limited liability which is designed to operate on a scalable and repeatable business model. The prime objective of startups is to innovate developmental processes, research and validation for targeted markets. These are generally fully technology centric by nature and need to be less than five years old. Moreover, their annual turnover cannot cross Rs 25 crore in any preceding financial year. A startup ceases to be one when it completes five years of operations and can claim no tax benefits thereafter.
Cybercrime refers to any criminal offense committed on the Internet, violation of Internet laws, any computer-related crime, promoting corruption or nefarious practices on the Web, disrupting Net operations by floating malevolent programs, Web stalking of victims and stealing of identity on the Net. Cybercrime is any illegal scheme which uses either email, chat rooms, websites, message boards and auctions to conduct a fraudulent transaction. Transmission of proceeds gained by fraud on the Net to banks and other financial institutions is also considered to be cybercrime. Its other facets include: Generation of spam mail; downloading spyware or viruses to the computer; and child pornography.
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