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Showing posts from June, 2022

ACCUSED’S CONDUCT IS RELEVANT FOR DECIDING INTERIM COMPENSATION- RULES KARNATAKA HIGH COURT

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In the case of V. Krishnamurthy v. Dairy Classic Ice Creams Pvt. Ltd, the Karnataka High Court has directed the magistrate Courts to consider the conduct of the accused while deciding the application filed for cheque dishonour case by the drawee, seeking interim compensation under Section 143A of the Negotiable Instruments Act,1881.   The Bench was deciding the case against an order passed by the Additional Chief Magistrate, Bangalore , dated 12-10-2021, which allowed an application under 143A by the complainant dairy Classic Ice Creams Pvt Ltd. and directed to pay compensation of 10%, in a proceeding instituted for the offences punishable under Section 138 of the NI Act, Delhi High Court Lawyers .   It was observed by the Court, that “it has become necessary to direct learned magistrates that while considering applications filed under Section 143A if the NI Act,to notice at the outset the conduct of the accused. If the accused has been unnecessarily evading proceedings b...
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In case of the breakdown of a marriage, the question arises as to which parent the child would follow. Commonly, custody means guardianship, meaning the upbringing of the child, taking decisions regarding his/her day to day life as well as regarding his future concerns. In these cases, the welfare of the child is of utmost importance and the court would keep that as the priority while deciding for the custody of the child.    Thus, it's important to appoint a Family Lawyer In Delhi as early as you decide to go for a divorce A person dealing going through divorce deals with a situation which is emotionally taxing, moreover if custody battle is added to the equation the situation worsens as children are involved. And in a divorce, the party who suffers the most are the children of the couple whose whole life changes completely without any fault at their end. Thus, it's important to make sure that the interests of the child are not harmed during the battles of divorce and c...

CAN I DO SAME DAY COURT MARRIAGE IN GHAZIABAD?

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A court marriage is economical as well as hassle free  also, it provides an alternative to the couples who wish to marry a person from another caste, religion, state or nation. The process is simple, and would be legal. All it takes is documents necessary and witnesses.  Court Marriage In Ghaziabad are provided under the Section 4 of the Special Marriage Act. Conditions- 1. The parties should have attained legal age, i.e. the male should be above 21 years old and for females the legal age is 18 years.  2. The conditions mentioned under the Act shall be fulfilled by the parties 3. The parties should not be married while applying for the Court marriage. If the previous spouse is dead or divorced, then can file for the court marriage. 4. The parties filing for court marriage shall be doing so out of their free will  and should be of sound mind. 5. The marriage should not be within the degree of prohibited relationship. Steps to be taken- It wou...

CAN I SUE DIVORCE LAWYER FOR MISLEADING MY CASE?

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The present article deals with the situations where the unethical conduct of a lawyer affects his/ her client and in such a situation what options does that client have. Like other fields, the legal profession also has some lawyers who are unethical and unprofessional; moreover, they believe that being a lawyer makes them immune to the repercussions of their actions.   Can a client sue his/ her lawyer?   The answer to this question is yes, a lawyer can be sued by his/ her lawyer, if the client believes that his lawyer is committing professional misconduct or is acting in contravention of professional ethics.   What actions can a client take against his/her lawyer?   A lawyer is duty bound to maintain the privacy of his client and to not disclose any information regarding his client to a third party without the consent of the client. If in case the advocate himself is related to the case of the client, he is duty bound to inform his client regarding his interests in t...

BEST LAWYER TO SOLVE FAMILY BUSINESS PROBLEMS

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Family held and run businesses are the oldest and most prevalent form of business not only in India but also around the world. In India, keeping the business within the family is an age-old practice. Some of the major families run businesses in India are The Tata Group, The Aditya Birla Group, Godrej Group, Shapoorji Pallonji Group, The Reliance Group, etc. On one hand we see the thriving and developing businesses which are run by a family, on the other hand we also have heard of some feuds between families which resulted in the partition of their businesses.   Two German brothers, Adolf and Rudolf Dassler founded a shoe company in the 1920s. Tensions started arising as their business started developing. As a result, the conflict between the two brothers divided not only the company but also the town where they lived. The people of Herzogenaurach had to decide to join either one brother or his shoe company- Adidas or Puma. This is a mere example as to what extent the problems in ...

HOW TO DEAL WITH CHEQUE BOUNCE CASES? WHAT IS SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT?

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A cheque throws a major light on the financial system around the world. It is regarded as an important document to transact the required amount to a company, government, or any person. A cheque can be subject to a negotiable document, which is used to transfer money in a tangible form to make an inter-account transfer. Likewise, when someone chooses to transact the amount to the other person through the cheque, there can be a chance of cheque bounce.   A cheque bounce is a term which is usually used for the unsuccessful attempt of money transferring due to a dispensed cheque because of various reasons. There are several situations where a person who issues a cheque, actually, is not aware of the reason for the dishonored cheque. Below mentioned are some crucial reasons for the cheque bounce and one should be careful about:-   Insufficient funds: Cheque can be dishonored by the bank when the amount mentioned by the issuer is more than the funds available in his account, wh...

Who Is A Suitable Lawyer For A Property Dispute With A Criminal?

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A legal dispute between two parties regarding the property is known as a property dispute, a property can be immovable and movable in its type. These disputes frequently arise as a result of claims from the co-owners, family, legal heirs, seller misrepresentation, bad title to property, disputes over property acquired as a gift or through a Will, easement rights disputes, and so on.   When we hear about such disputes between two parties, people with such rage often go to any extent to have or inherit that property over the dispute. Sometimes they do such activity or often get their hands into such malicious practice that is considered to be a legal offense and they tend to become a criminal in the eyes of the law, Best Property Lawyer In Delhi .   This is the point where your ‘property-related’ civil case turns into a criminal case. Now we all know to deal with such disputes or such cases we are obviously going to need a suitable lawyer. The question arises here; how to f...