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- Property Dispute
- Divorce & Alimony
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- Motor Accident
- Insurance Law
- Customs & Central Ex
- Child Custody
- Medical Malpractice
- Family Dispute
- Consumer Grievances
- International Laws
- Cheque Bounce
- Arbitration & Concil
- Labour & Service
- Armed Forces Tribuna
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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.
Insurance is a contract which stipulates that for a specified consideration, one party will undertake to pay compensation to another for any loss that relates to a specific subject if a designated hazard occurs. Insurance is basically taking protection against a certain risk and ensures mental peace. The insured needs to pay a certain sum of money, known as a premium, to his insurer who agrees to pay compensation to the former for any specific future loss. The losses that will be covered are clearly stated in the said contract, which is known as a policy. Insurance may either be life or non-life.
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.
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
Medical negligence refers to deliberately or negligent, improper or unskilled treatment of any patient by a qualified physician, surgeon, nurse, dentist, pharmacist or para-medical professional. Medical negligence falls under the Law of Tort. There are four elements that need to be mandatorily proved in a case of medical negligence: a physician was entrusted with the patient’s care; the said physician actually violated the caring standard ; the patient actually suffered an injury which is compensable ; and the actual injury happened due to substandard conduct. It is for the plaintiff or aggrieved party/parties to prove these elements in any malpractice lawsuit.
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.
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.
Taxation is the process through which a state or central government or authorized local body imposes charges on individuals and/or property for raising funds for the public’s benefit. In other words, it is the charge payable by the taxpayer to the government for providing the former with protection and other general advantages. Taxation is either in the form of direct or indirect taxes. Direct taxes are imposed on properties, businesses, or individual incomes. Indirect taxes are levied on commodities and included in their market price. For instance, value-added tax is an indirect tax levied upon added value to any commodity at its production, sales and distribution stages.
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.
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.
Arbitration & Conciliation
Arbitration is the settlement of any dispute by an unbiased third party chosen by those involved in the said dispute with the inclination to mutually agree with that third party’s judgment. An arbitrator conducts a hearing where both parties are heard and the decision is taken thereafter. Arbitration is a widely accepted method for dispute settlement and eliminates unnecessary litigation, time wastage and costs. This is an out-of-court settlement where the arbitrator's judgment is accepted as final with courts rarely reexamining them. Traditionally, commerce and labor issues came mostly under arbitration but more recently, issues related to insurance claims, antitrust and securities are being arbitrated upon.
Labour & Service
Labor is a part of any country’s legal system that protects employer, employee rights as also those various labor organizations. Labor addresses three significant situations: An union’s attempts to organize employees working for a common employer to recognize and acknowledge it as the bargaining representative of the employees ; Efforts of the union to negotiate agreements based on collective bargaining with the employer; or where there is a dispute regarding the existing contract between two parties. Services on the other hand, refer to any labor or duties performed by an entity or person for another entity/entities or person / persons.
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.
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.
Armed Forces Tribunal
The Indian Armed Forces Tribunal came into being in August 2009 by provisions of the Armed Forces Tribunal Act, 2007. This tribunal was created with the purpose of settling complaints and disputes related to appointments, commission, enrolments and other service conditions for persons governed by the Army, Navy and Air Force Acts, respectively. The AFT is also authorized to hear appeals relating to orders and court- martial sentences passed under such Acts. The Principal Bench is in New Delhi and Regional Benches are at Lucknow, Chandigarh, Guwahati, Kolkata, Kochi, Chennai, Jaipur and Mumbai. Each Bench has one Judicial and one Administrative Member.
The concept of banking involves an authorized financial institution operating under a separate statute of law to receive money as deposit; check collection; issue of loans to those meeting certain requirements; discounting of commercial paper such as bills; as also other money-related functions. Banks offer opportunities to the general public to enhance their savings and are a crucial part of the economy. Finance relates to all activities encompassing budgeting & monetary relations, commercial theory, monetary exchange, expenditure, funds, investments, income, money management, monetary theory, dealings in money, pecuniary management, public revenue, monetary relations science, fiscal relations theory, wealth science, business theory and working capital.
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