Practicing Since : 2013 Faridabad
- Family Dispute
- 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.
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.
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.
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