Sunday, 11 May 2014

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.