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Leges Juris Associates,Law Firms in Delhi,Civil Lawyers in Delhi,Criminal Lawyers in Delhi,Lawyers in Delhi,Property Lawyers in Delhi,Divorce Lawyers in Delhi,Lawyers in Supreme Court of India Delhi,Lawyers in Delhi High Court,Litigation Law Firms in India,International Arbitration Law Firms in Delhi India,Contract-Agreement drafting lawyers law firms in delhi,Matrimonial and family lawyers in delhi.

Family Laws in India-Divorce-Domestic Violence-Child Custody-Maintenance

Custody Of Child Law

Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.

Hindu Minority and Guardianship Act 1956 (HMGA)

Guardians and Wards Act 1890 (GWA)

Dowry Law-498-A-IPC

Dowry meaning :

Section 2.. "Dowry Prohibition Act, 1961" Definition of “dowry” Definition of “dowry”.—In this Act, “dowry”means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.— 3[***] Explanation II.—The expression “valuable security”has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

Stridhan

Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry (gifted either by her family), gifts presented to her during the wedding or later, and the dowry articles given by her family.

Gifts given by the parents of the bride are considered "stridhan", i.e. property of the woman, traditionally representing her share of her parent's wealth.

IPC Section 498A

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-

Any willful conduct which is of such a nature as is likely to drive the woman to commit or suicide to cause grave injury or danger to life, limb or health whether mental or physical) the of woman; or

Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.

Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent.

After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint, but in Delhi before arresting now have to obtain a written permission from the DCP, after direction of Hon”ble High Court.

Domestic Violence Cases

Sec.3. Definition of domestic violence.—

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it

harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse,sexual abuse, verbal and emotional abuse and economic abuse; or

harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other or property valuable security; or

has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Divorce Matters

 :

Divorce case, Annulment of marriage, Child Custody, Mutual Divorce, maintenance for wife and Children’s, Advising on Foreign & NRI Divorce Matters, Domestic Violence Cases..etc..


 Pertaining to the divorce in India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1956, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:

GROUND ON WHICH MARRIAGE CAN BE DISSOLVED  (Hindu Marriage Act,1955)

Adultery

Cruelty

Desertion and failure to maintain

Conversion to another religion

ncurable mental disorder

Incurable mental disorder which may result in abnormally aggressive or irresponsible

behavior

Virulent and incurable leprosy, or communicable venereal disease not contracted from           

the  party filing the application        

Renunciation of worldly life

Mutual Consent Divorce :-

In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved. There are a bill pending against the period of six months waive off.



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Maintenance For Wife And Children- Sec.125 Crpc.

125. Order for maintenance of wives, children and parents.

1.           

If any person leaving sufficient means neglects or refuses to maintain-

A.           

his wife, unable to maintain herself, or

B.           

his legitimate or illegitimate minor child, whether married or not, unable to maintain

itself, or;

C.           

his legitimate or illegitimate child (not being a married daughter) who has attained

majority,where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

D.           

his father or mother, unable to maintain himself or herself,

A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of' sufficient means.

[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Litigation Law Firms in Delhi

The Firm in keeping with its high reputation and profound experience & expertise strives to provide much needed help to its clients in this area of its activity to secure them what they rightfully deserved.

The Firm has varied experience of representing its clients in all practice areas viz Banking & Finance, Commercial Laws, Personal Laws, Real Estate, Succession Laws, Administrative Laws, Fiscal Laws, Competition Laws, Consumer Laws, Patent & Trade Mark, Information & Technology, Land Acquisition, Infrastructure Laws and the laws pertaining to foreign exchange. A dedicated team of Lawyers in the Firm specialize in dealing with the cases pertaining to Economic Offences. The Firm represents its clients before Supreme Court of India, various High Courts all over the country and lower courts including judicial and quasi judicial authorities, established under various Enactments like Debt Recovery Tribunal, Appellate Tribunal, Forum established under Consumer Protection Laws, Board of Industrial & Financial Reconstruction including Appellate Authorities, Board established under Foreign Exchange Laws, Company Law Board etc

Medical Negligence Cases Law Firm in Delhi

It is one thing to say that when two views are possible and when Doctor performing the surgery adopts one view, the same cannot be a basis for fixing the medical negligence, on the ground that he ought to have followed the other. However, in a case where an act was done by a Doctor which he is otherwise not supposed to do and such an act was done in a negligent manner resulting in a substantial injury to the patient, then he cannot escape the liability. When a Doctor who performs a surgery is in possession of certain facts and the factum of the surgery has not been disputed, coupled with the fact that, the complications have arisen in pursuant to the surgery not correctly done then the onus is on him to prove that

negligence is not on his part. When the accident is such that in the ordinary course of action it is not likely to happen if the person incharge has not taken proper care then, the consequential liability will be on him.

Criminal Medical Negligence is governed by Section 304A of the Indian Penal Code. Section 304-A of the Indian Penal Code reads as under:- "304-A. Causing death by negligence.- Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable

homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both." Essential ingredients of Section 304-A are as under:- (i) Death of a person

(ii) Death was caused by accused during any rash or negligence act. (iii) Act does not amount to culpable homicide. And to prove negligence under Criminal Law, the prosecution must prove:

(i) The existence of duty.

(ii)A breach of the duty causing death.

(iii) The breach of the duty must be characterized as gross negligence.

[See R. v. Prentice and R v. Adomako: [1993] 4 All ER 935] The question in the instant case would be whether the Respondents are guilty of criminal negligence. Criminal negligence is the failure to exercise duty with reasonable and proper care and employing precautions guarding against injury to the public generally or to any individual in particular. It is, however, well settled that so far as the negligence alleged to have been caused by medical practitioner is concerned, to constitute negligence, simple lack of care or an error of judgment is not sufficient. Negligence must be of a gross or a very high degree to amount to Criminal Negligence. Medical science is a complex science. Before an inference of medical negligence is drawn, the court must hold not only existence of negligence but also omission or commission on his part upon going into the depth of the working of the professional as also the nature of the job. The cause of death should be direct or proximate. A distinction must be borne in mind between civil action and the criminal action.

(1) Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. The definition of negligence as given in Law of Torts, Ratanlal & Dhirajlal (edited by Justice G.P. Singh), referred to hereinabove, holds good. Negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. The essential components of negligence are three: ‘duty’, ‘breach’ and ‘resulting damage’.

(2) Negligence in the context of medical profession necessarily calls for a treatment with a difference. To infer rashness or negligence on the part of a professional, in particular a doctor, additional considerations apply. A case of occupational negligence is different from one of professional negligence. A simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of a medical professional. So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. When it comes to the failure of taking precautions what has to be seen is whether those precautions were taken which the ordinary experience of men has found to be sufficient; a failure to use special or extraordinary precautions which might have prevented the particular happening cannot be the standard for judging the alleged negligence. So also, the standard of care, while assessing the practice as adopted, is judged in the light of knowledge available at the time of the incident, and not at the date of trial. Similarly, when the charge of negligence arises out of failure to use some particular equipment, the charge would fail if the equipment was not generally available at that particular time (that is, the time of the incident) at which it is suggested it should have been used.

(3) A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.

(4) The test for determining medical negligence as laid down in Bolam’s case [1957] 1 W.L.R. 582, 586 holds good in its applicability in India

Cyber Crimes Law Firms in Delhi

The word cyber and its relative dot.com are probably the most commonly used terminologies of the modern era. In the information age the rapid development of computers, telecommunications and other technologies has led to the evolution of new forms of trans-national crimes known as cyber crimes. Cyber crimes have virtually no boundaries and may affect every country in the world. They may be defined as any crime with the help of computer and telecommunication technology, with the purpose of influencing the functioning of computer or the computer systems. The extent of loss involved worldwide of cyber crimes is tremendous as it is estimated that about 500 million people who use the Internet can be affected by the emergence of cyber crimes. Cyber crimes are a very serious threat for the times to come and pose one of the most difficult challenges before the law enforcement machinery Most cyber crimes do not involve violence but rather greed, pride, or play on some character weakness of the victims. It is difficult to identify the culprit, as the Net can be a vicious web of deceit and can be accessed from any part of the globe. For these reasons, cyber crimes are considered.

Hacking

It is the most common type of Cyber crime being committed across the world. Hacking has been defined in section 66 of The Information Technology Act, 2000 as follows "whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means commits hacking".

Security Related Crimes

With the growth of the internet, network security has become a major concern. Private confidential information has become available to the public. Confidential information can reside in two states on the network. It can reside on the physical stored media, such as hard drive or memory or it can reside in the transit across the physical network wire in the form of packets. These two information states provide opportunities for attacks from users on the internal network, as well as users on the Internet.

Network Packet Sniffers

IP Spoofing

Password attacks

Distribution of sensitive internal information to external sources:

Man-in-the-middle-attacks

Fraud On The Internet

This is a form of white collar crime. Internet fraud is a common type of crime whose growth has been proportionate to the growth of internet itself. The internet provides companies and individuals with the opportunity of marketing their products on the net. It is easy for people with fraudulent intention to make their messages look real and credible. There are innumerable scams and frauds most of them relating to investment schemes and have been described in detail below as follows:

Online investment newsletters

Bulletin boards

E-mail scams

Credit card fraud

Making available digital signature for fraudulent purpose

Alteration And Destruction Of Digital Information

The corruption and destruction of digital information is the single largest menace facing the world of computers. This is introduced by a human agent with the help of various programmes which have been described in detail below as follows:

Virus Just as a virus can infect the human immunity system there exist programs, which, can destroy or hamper computer systems. A computer virus is a programme designed to replicate and spread, generally with the victim being oblivious to its existence. Computer viruses spread by attaching themselves to programmes like word processor or spreadsheets or they attach themselves to the boot sector of a disk. When an infected file is activated or when the computer is started from an infected disk, the virus itself is also executed.

Pornography On The Net

The growth of technology has flip side to it causing multiple problems in everyday life. Internet has provided a medium for the facilitation of crimes like pornography. Cyber porn as it is popularly called is widespread. Almost 50% of the web sites exhibit pornographic material on the Internet today. Pornographic materials can be reproduced more quickly and cheaply on new media like hard disks, floppy discs and CD-Roms. The new technology is not merely an extension of the existing forms like text, photographs and images. Apart from still pictures and images, full motion video clips and complete movies are also available. Another great disadvantage with a media like this is its easy availability and accessibility to children who can now log on to pornographic web-sites from their own houses in relative anonymity and the social and legal deterrents associated with physically purchasing an adult magazine from the stand are no longer present. Furthermore, there are more serious offences which have universal disapproval like child pornography and far easier for offenders to hide and propagate through the medium of the internet.

Criminal defense lawyers law firms in delhi

In India there are two laws related to crime and it’s known as criminal law.

CODE OF CRIMINAL PROCEDURE

CODE, 1973 INDIAN PENAL CODE, 1860

Now a days there are a new crime has come and in force and people know as white collar crimes the same offence is related to economic offences.

We are dealing in the area of the criminal law as under:

BAIL IN NON-BAILABLE OFFENCES

ANTICIPATORY BAIL

CRIMINAL DEFENSE TRIAL

OFFENCE RELATED TO FORGED-VISA AND PASSPORT CASES

OFFENCE RELATED TO CHEATING

OFFENCE RELATING TO SEXUAL HARASSMENT AND RAPE

OFFENCE RELATED TO DOWRY DEMAND AND DOMESTIC VIOLENCE

OFFENCE RELATED TO DAKAITI, THEFT, CRIMINAL BREACH OF TRUST

OFFENCE RELATED TO CRIMINAL DEFAMATION

OFFENCE RELATED TO UNLAWFUL ASSEMBLE

MATTER RELATED TO EXTRADITION TRETIES

OFFENCE RELATED TO MURDER

CRIMINAL COMPLAINT UNDER SECTION 156 CR.P.C

COMPLAINT UNDER SECTION 200/202 CR.P.C

QUASHING OF FIR

CRIMINAL WRIT PETITION IN SUPREME COURT AND HIGH COURT

CRIMINAL APPEAL IN SUPREME COURT AND HIGH COURT

CRIMINAL REVISION PETITION IN SUPREME COURT AND HIGH COURT

SUSPENSION OF SENTENCE

CORPORATE LEGAL SERVICES IN INDIA

Established in the year 2002, we, Leges Juris Associates Law Firm  is a professionally managed Corporate Law Firm offering Legal Services. We have Legal Consultancy Services. Our services includes Litigation Services, Supreme Court Practice, Arbitration and Dispute Resolution. Leges Juris Associates Law Firm is based in New Delhi but having a strong domestic and International network of Lawyers and Law Firms. The firms associated are in all important cities of India including Mumbai (Bombay), Chennai (Madras), Kolkata (Calcutta), Punjab & Haryana, Lucknow,Allahabad..etc..

INDIAN ARBITRATION SERVICES LAW FIRMS IN DELHI INDIA

We advised on  arbitration diligently and settle the disputes with proper documentation so that the clients get worthy judgment. we have all the knowledge to deal with typical cases of arbitration and mediation in India.

Our Advise on :

- Negotiating in the best possible manner

- Conciliating the issues and dispute reasons

- Preparation and putting the disputed case before arbitrator

- Domestic and International Arbitration

- Enforcement of Award

DEBT COLLECTION-RECOVERY SUIT LAW FIRMS IN DELHI INDIA

The attorneys of firm are regularly filing the money recovery suit against the creditors. The attorney of the firm have already filed huge recovery suit before the district court and high court on behalf of individuals, Companies and financial institution to recover there debt etc. the law firm attorney are use to file the recovery suit on two modes.

(1)    Simple recovery in case where there are no contract or agreement.

(2)    (2) the attorney firm used to file order xxxvii CPC for recovery of money /debt in the cases where there are any written contract, dishonored, cheque ,bill of exchange,hundies and promissory notes, in which the parties/client seeks only to recover a debt or liquidated demand in money payable by the opposite party/defendant with or without interest, arising.

(3) the attorney of the firm also file on the basis of on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of debt other than a penalty.

(4) The law firm attorneys also used to file on the basis on a guarantee, where the claim against the principal is in respect of debt or liquidated demand only.

The order xxxvii CPC is a very good and fast procedure for recovery of the debt. If there is a any written contract between the parties.

The attorney of the firm or succeed/recovered so many client, debt through this procedure as quick and fast and there are very happy. For the banks, financial institution and companies and for the general public. This procedure are very helpful recover there money.

The attorney of the firm are regularly handling so many cases for recovery of money .suit and the attorney of the firm have filed so many cases on behalf of there clients in Kolkata ,Simla,chandigarh deheradoon, etc.

COMPANY FORMATION/REGISTRATION LEGAL SERVICES IN INDIA

The laws relating to registration of a limited liability company in India  is contained in Companies ACt, 1956. 

Registrars of Companies (ROC), appointed under Section 609 of the Companies Act, by the Ministry of Corporate Affairs (MCA), is vested with the primary duty of registering companies and of ensuring that such companies comply with statutory requirements under the Act. A company can be registered with the ROC of the state under whose jurisdiction the proposed company’s registered office will be situated.

Registration Requirements

A Private Limited Company must have a Paid-up capital of INR 100,000 and a Public Limited Company must have a paid-up capital of INR 500,000. A Private Limited Company must have a minimum of two directors and two shareholders and Public Limited Company must have a minimum of three directors and seven shareholders.

The directors must have a valid Director Identification Number (DIN), allotted by the Ministry of Corporate Affairs. DIN is a unique identification number for an existing director or a person intending to become a director of a company. As per a recent amenedment to the Companies Act 1956, DIN has become mandatory for all the directors. DIN is unique and specific to an individual therefore only one DIN is allotted per individual even if the individual serves as director at multiple companies. Application for the allotment of Director Identification Number (DIN) can be obtained online on MCA’s website. Duly completed DIN Application Form must be mailed to MCA DIN Cell, along with a proof of identity and a proof of residence with colored photo. The photo affixed on the form and the proofs attached must be certified by a Public Notary or Gazetted Officer or any certified professionals. No fee is charged for issuing DIN. This process takes approximately 3 to 5 working days.

Preparation of Documents

After obtaining name approval from the ROC the following documents must be prepared to incorporate the company

Memorandum of Association (MOA)

Articles of Association (AOA)

Form 1 – providing details of promoters of the company

Form 18 – providing details of registered office of the company

Form 32 – providing details Directors of the company

The Memorandum of Association is a document that sets out the constitution of the company. It contains, amongst others, the objectives and the scope of activity of the company and also describes the relationship of the company with the outside world.

The Articles of Association contain the rules and regulations of the company for the management of its internal affairs. While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes. It also states the authorized share capital of the proposed company and the names of its first / permanent directors.

Professional help is to be sought in the drafting of the MOA and AOA, as it contains the governing policies, rules and by-laws of the proposed venture. The draft must be carefully vetted by the promoters before printing and stamping.

Submission of Documents.

Submit the following documents to the ROC with the filing fee and the registration fee:

The stamped and signed Memorandum and Articles of Association (3 copies).

Form-1, 18 & 32 in duplicate.

Any agreement referred to in the Memorandum & Articles.

Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.

Declaration of Compliance by an advocate or company secretary or chartered accountant or director, manager or secretary of the company

Name availability letter issued by the ROC.

Power of Attorney authorizing a person, on behalf of subscribers, any documents and papers filed for registration. The power of attorney should be given on Non-Judicial stamp paper of appropriate value and shall be submitted to the Registrar

INTELLECTUAL PROPERTY RIGHT PROTECTION LAW FIRM SERVICES IN DELHI INDIA

The firm’s intellectual property expertise includes trademark design and copyright law and handling related litigation against infringement of all such rights, including drafting patent specifications, preparing and filing Indian and foreign applications and all related work. The firm also advises on licensing, transfer of intellectual property and software developing licensing. The Patent & Traemark attorneys help each Client identify, evaluate, protect, and exploit the Client’s IP for the maximum financial benefit. The Patent & Trademark Attorneys provides guidance in all phases of IP planning, including the formulation of initial plans, the securing of rights, and the creation and execution of business strategies e.g., licensing, joint development, outright sale, etc.). The Patent & Trademark Attorney practice also includes the prosecution and enforcement of the Client’s IP rights. The Patent & Trademark  attorneys collectively have years of IP litigation and dispute resolution experience.

Patent & Trademark Attorney works with clients to protect their trade secrets and intellectual property. The firm’s lawyers draft licensing agreements and trade secret/non-disclosure agreements. The firm litigates, often on an emergency basis, trade secret, trademark, and copyright issues on behalf of both employers and employees

BUSINESS LITIGATION SERVICES LAW FIRM IN DELH INDIA

Commercial Business Litigation Meaning:

As per the Law ,” One Company takes legal action against another.”

Commercial Litigation is a general terms that applies to any types of litigation or controversy related to business issues like:-

Disputes Can be settle between the companies through the Arbitrator if any clauses insert into the agreement.

If any breach of Contract.

Business Bill non payment disputes.

Letter of Credit issues.

Business or commercial money recovery suit.

Employee & Employer disputes.

Industrial disputes.

Fraud and deceptive trade Practices.

Securities Law Violation.

Agreement Limiting competition.

Agreement / Contract Violation disputes.

Traders breach of Contract Violation.

Damages Suit due to quality or non performance  or due to loss.

and all the issues related to one company to another.

CHEQUE DISHONOUR CASES LAWYERS IN DELHI.

A Cheque bounce case

normally takes an average of one year to complete the proceedings before trial court. The following are the important stages in a cheque bounce case.

1) Filing of complaint: The complaint need to be filed before the jurisdictional magistrate within 30 days from the accrual of the cause of action. The complainant need to be present before the magistrate at the time of filing. The original documents need to be shown to the magistrate.

If prima-facie a case is made out, the magistrate will post the matter for sworn statement.

2) Sworn Statement: At this stage, the complainant needs to enter the witness box and give further details regarding the case. If the magistrate is satisfied that there is some substance in the case of the complainant, then he will issue a summons to the accused.

3) Appearance of Accused: On receipt of summons, the accused need to appear in the court. If he does not appear in the court, the court will issue an arrest warrant against him. After appearance, the accused is supposed to take a bail from the court with or without sureties. If the accused is unable to furnish a surety then he can deposit a cash security, instead of surety. This cash security is refundable to the accused after the conclusion of the case.

4) Recording of Plea: In the next stage, the court will ask the accused as to whether he has committed the offence or not. If the accused admits the guilt, the court will immediately give him punishment. If he pleads innocence, the court will post the matter for evidence.

5) Evidence: The Complainant has to furnish his evidence, normally by way of affidavit; this is known as examination-in-chief. He needs to produce all documents in support of his case like bounced cheque, dishonor memo, copy of notice etc. Later complainant will be cross examined by the accused. If there are other witnesses in support of the complainant, then their evidence also has to be recorded.

6) Statement of the Accused: After the Complainant side evidence is over, the court will put some questions to the accused regarding his guilt. An accused needs to give his version to the same.

7) Defense Evidence: After the Accused statement the court will give an opportunity to the accused to leave his evidence. The accused can also produce documents in support of his case, as well as witnesses in his support. Accused and his witnesses will be cross examined by the complainant. After this, the case is posted for arguments.

Arguments: Both the Complainant and the accused will submit their arguments before the court. They can also furnish judgments of high courts and Supreme Court in support of their case. Normally a written argument containing a gist of the oral argument is also furnished to the court.

9) Judgment: After the arguments, case is posted for judgment. If the court finds that the accused has committed offence, he will be punished with fine or imprisonment. If he is innocent, the court will acquit him. If accused is convicted, then he needs to suspend his sentence, for a period of 30 days with in which time, he can file an appeal before the sessions court.

DRAFTING AND VETTING OF CONTRACT & LITIGATION LEGAL SERVICES IN DELHI

We are engaged in undertaking Drafting & Vetting of Contract for our clients. Due to the support of our legal experts, we are able to draft different kinds of agreements. As we are conscious about safeguarding the interest of our clients, while drafting the agreements therefore we have appointed experienced lawyers.

Our expertise lies in drafting following agreements:

Non-Disclosure Agreements

Vendor Contracts

Supply Agreements

Software License Agreements

Telecom Services Agreements

Internet, Advertising and Media Agreements

Office Lease

Non disclosure agreement is a contract between two parties, which focuses on confidential material, knowledge or information that the parties wish to share with each other for certain purposes, but wish to restrict access to the third parties. In this contract, the parties mutually agree not to disclose information present in the agreement. The agreement forms a confidential relationship between the parties and ensures complete protection of any type of confidential and proprietary information or trade secrets. Apart from this, NDA protects non-public business information. NDAs are usually implemented when two interested parties plan to do business and required to understand the process used in each other businesses for the purpose of reviewing the potential business relationship.

Contract and Agreement Litigation:

We handling Legal Affairs, Litigation Matters, Legal Documentation and Liaison Work. Deftness in resolving cases under both Civil & Criminal Laws of India. Astute in drafting Agreements, Contract, Legal Notices etc also. Proficient in drafting Agreements, Contract, Legal Notices, Show Cause Notices, Written Statements, Appeals, Case Papers, Affidavits, etc.

Real Estate Laws in India

Central laws governing Real Estate in India

Indian Contract Act, 1872

This legislation specifies when a party can be said to have the capacity to contract. A contract pertaining to realty can be entered into, among others, by an individual (who is not a minor or of unsound mind), partners of a firm, a corporate body, a trust, a sole corporation, the manager of an undivided family, and a foreigner. All the requirements of a valid contract, i.e. consideration, intention to contract and validity under the law of the land must be satisfied

.

Transfer of Property Act, 1882

This lays down the general principles of realty, like part-performance and has provisions for dealing with property through sale, exchange, mortgage, lease, lien and gift. A person acquiring immovable property or any share/interest in it is presumed to have notice of the title of any other person who was in actual possession of such property.

Registration Act, 1908

The purpose of this Act is the conservation of evidence, assurances, title, publication of documents and prevention of fraud. It details the formalities for registering an instrument. Instruments which it is mandatory to register include:

(a) Instruments of gift of immovable property;

(b) Other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immovable property;

(c) Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of instruments in (b) above.

(d) Leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent

Sales, mortgages (other than by way of deposit of title deeds) and exchanges of immovable property are required to be registered by virtue of the Transfer of Property Act. Evidently, therefore, all the above documents have to be in writing. Section 17 of the Act provides for optional registration. An unregistered document will not affect the property comprised in it, nor be received as evidence of any transaction affecting such property (except as evidence of a contract in a suit for specific performance or as evidence of part-performance under the Transfer of Property Act or as collateral), unless it has been registered. Thus the doctrine of part performance dealt with under Section 53 A of the Transfer of Property Act and the provision of Section 49 of the Registration Act (which provide that an unregistered document cannot be admissible as evidence in a court of law except as secondary evidence under the Indian Evidence Act) together protect the buyer in possession of an unregistered sale deed and cannot be dispossessed. The net effect has been that a large number of property transactions have been accomplished without proper registration. Further other instruments such as Agreement to Sell, General Power of Attorney and Will have been indiscriminately used to effect change of ownership.

Special Relief Act, 1963

This Act is only to enforce individual civil rights. A person dispossessed of immovable property without his consent (other than in due course of law) can recover possession by a suit filed within six months from the date of dispossession. Unless the contrary is proved, in a suit for specific performance of a contract, the Court shall presume that a contract to transfer immovable property is one in which monetary compensation for its non-performance would not afford adequate relief. The Court could also grant a permanent/ mandatory injunction preventing the breach of such contract and award damages.

Urban Land (Ceiling and Regulation) Act (ULCRA), 1976

This legislation fixed a ceiling on the vacant urban land that a ‘person’ in urban agglomerations can acquire and hold. A person is defined to include an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not. This ceiling limit ranges from 500-2,000 square metres (sq. m). Excess vacant land is either to be surrendered to the Competent Authority appointed under the Act for a small compensation, or to be developed by its holder only for specified purposes. The Act provides for appropriate documents to show that the provisions of this Act are not attracted or should be produced to the Registering officer before registering instruments compulsorily registrable under the Registration Act.

The objective of acquiring the excess vacant land could not be achieved because of intrinsic deficiencies in the legislation itself. The provisions under Sections 19, 20 and 21 of the Act have together proved counter-productive to the objectives of the legislation. So far, only 19,020 hectares could be taken possession of by State Governments and Union Territories and the remaining land was locked up in various litigations2. This has only helped push up land prices to unconscionable levels and practically brought the housing industry to a stop.

This legislation was repealed by the Centre in 1999. The Repeal Act, however, shall not affect the vesting of the vacant land, which has already been taken possession by the State

Government or any person duly authorised by the State Government in this regard under the provisions of ULCRA. The repeal of the Act, it is believed, has eliminated the large amount of litigation and released huge chunks of land into the market. However the repeal of the Act has not been carried out in all states. Initially the repeal Act was applicable in Haryana, Punjab and all the Union Territories. Subsequently, it has been adopted by the State Governments of Uttar Pradesh, Gujarat, Karnataka, Madhya Pradesh and Rajasthan. Andhra Pradesh, Assam, Bihar, Maharashtra, Orissa and West Bengal have not adopted the Repeal Act so far.

Land Acquisition Act, 1894

This Act authorises governments to acquire land for public purposes such as planned development, provisions for town or rural planning, provision for residential purpose to the poor or landless and for carrying out any education, housing or health scheme of the Government. In its present form, the Act hinders speedy acquisition of land at reasonable prices, resulting in cost overruns.

The Indian Evidence Act, 1872

Under the Act, whenever the status of any person as the owner of a piece of immovable property of which he is shown to be in possession is questioned, the burden of proving that he is not the owner lies on the person who asserts that he is not the owner.

State laws governing real estate

While each state has its own set of laws, which govern planned development, rules for construction and floor-area-ratio (FAR) or floor-space-index (FSI) and formation of societies and condominiums, two laws that exist in every state, are the stamp duty and rent laws. Stamp Duty is being covered in a later section