Blogs

What exactly is Maintenance? It would be appropriate to discuss the legal meaning and scope of maintenance prior to addressing the issue at hand. The Hindu Adoption and Maintenance Act of 1956 defines maintenance as (i)  Ensuring that everyone has access to housing, food, clothing, education, and medical care in every circumstance.(ii)     In the case of a daughter who is not married, any reasonable costs incurr... Read More

What is the Power of Attorney? The Power of Attorney gives an individual of your choosing the right to act on your behalf. The person who grants the power is the Donor, and the person to whom the power is granted is called the done. A Power of Attorney allows the donee to take clearly defined actions and decisions on behalf of the donor. However, the donor should be aware that  there are some precautions you need to take while signing t... Read More

Legal actions you can takeYou have the option of taking legal action in the event that an individual fails to return your funds in accordance with the terms that were agreed upon. You can take the following actions:1.              Send a demand for payment in writing.2.              In the small claims court, file a complaint.3.           ... Read More

Marriage dissolution under the Hindu Marriage Act If a marriage sanctified by the Hindu Marriage Act, it can be ended through either divorce under Section 13 and Section 13B or judicial separation under Section 10; Section 13A provides additional relief in divorce proceedings. Divorce The marriage is permanently ended in the case of a divorce. The parties are free to remarry and free of all marital obligations. The parties involved... Read More

Can a power of attorney override or change a will? In short, no, a power of attorney cannot change or override a will Writing a valid will is comparatively simple. The only legal requirement is that you must be legally competent to make decisions and that the will must be written down. A power of attorney cannot alter or rewrite a will as long as the will is valid. Even if the principal explicitly states otherwise in their power of atto... Read More

Before starting any legal process, you should always consult a lawyer for the following reasons.Lawyers are professional negotiators and subject matter expertsYou should still think about hiring a lawyer even if your case appears hopeless and you believe that representing yourself without a good lawyer won't affect the outcome. Lawyers are excellent at negotiating sentences and can reduce your sentence. In certain conditions, they might in fact g... Read More

Birth certificates and name change Since the majority of your official documents may have already been issued, a name change in India may appear to take a long time. However, if you ever need to change your name or the names of your children, it is worthwhile. This is due to the fact that establishing your sense of identity should outweigh the inconvenience. The birth certificate is the most significant of all the certificates. As new regula... Read More

What is deemed conveyance?  Many land or flat owners need clarification on a Conveyance Deed and Deemed Conveyance and which one of these two applies to them or the legal body such as a Co-operative Housing Society. One main difference between the two is whether the Promoter or builder is willing to cooperate with the flat owners or CHS. A deemed conveyance can be summarized as transferring the housing society's right, title, and intere... Read More

Legal remedies in the event of delayed salary There are some basic statutes which protects the right to salary of Indian citizens: 1. Payment of Wages Act:This Act is primarily useful for low-wage blue-collar employees, who earn less than Rs 18,000 per month. Section 4 states that the payment of salary can only be extended to a fixed period, typically one month. It cannot be extended more than that. 2. Minimum Wages Act This... Read More

Why is a succession certificate important When a person dies without leaving a valid will, their death is referred to as "intestate." Without having to identify the legal heir entitled to the certificate, the holder of a succession certificate can transfer securities or pay off debt to the certificate holder. Any payments made to or transactions that were conducted in good faith with a person to whom a certificate was granted are covered by ... Read More

Who should use it?  Normally, power of Attorney is issued by anyone who cannot do transactions in person for various reasons, such as:  Not being present for the transaction due to living abroadIllness and being bedriddenBeing elderly and having health problemsAny other reason for being unable to carry out the transaction in person Types of Power of Attorney GPA can either be given for all the stated matters, or for ... Read More

INTRODUCTIONChapter 10 of the Indian Contract Act talks about the relationship between principal and agent. An agent, as per Section 182 of the aforementioned act, is a person hired to work on behalf of the individual known as a principal and represent him in dealings with third parties. This article demonstrates the rights, obligations, and responsibilities of a principal and the agent in general.   WHAT IS MEANT BY AGENCY? T... Read More

INTRODUCTIONSexual abuse is a pattern of behaviour. It is described as sexually inappropriate behaviour. Whether in an established, emerging, or undeveloped country, sexual harassment, and assault is a prevalent problems. Brutality towards women is prevalent worldwide. Regardless of how hard one wants to protect, ban, avoid, or provide remedies, violations will always occur. It is a felony committed against women, who are seen as the most vulnera... Read More

INTRODUCTIONIt is not uncommon in India for people to die in road accidents. The number of such accidents is increasing with each passing day. There are several reasons behind such accidents be it uneven roads, not enough streetlights, or just rash and negligent driving on the part of the people. The accidents that happen are traumatic. One of the biggest reasons behind traffic accidents is a lack of patience regarding traffic rules. Another reas... Read More

INTRODUCTIONCheque bounce cases are very common these days. Usage of cheques is also very common these days. The more the cheques are used, the more are the instances of cheque bounce. However, a cheque bounce is contrary to a lawful transaction between two people, and the person whose cheque bounces is liable for punishment under the law. section 138-142 of the Negotiable Instruments Act deals with the cheque bounce situations and prescribes app... Read More

INTRODUCTIONThe rights of the employees are protected by Indian law to a great extent. Generally, the employers have a notion that the employees are not well aware of the rights that come with their employment and hence they can be fired at any point, or the non-payment of wages can be done without any consequences. But the law protects such cases of non-payment of rightful wages/salary to the employees LAWS REGARDING PAYMENT OF WAGESContrac... Read More

INTRODUCTIONWhen a person is wrongfully terminated without any sufficient cause for termination, then it is known as wrongful termination of employment. The employer needs to give valid and strong grounds for terminating an employee. Wrongful termination can also include terminations where the employees are not given a chance to speak in their defence. The fundamental principle of Audi Alteram Partem stands violated when something like this happe... Read More

DIFFERENCE BETWEEN COURT MARRIAGE AND MARRIAGE REGISTRATIONWHAT IS A COURT MARRIAGE?Court marriages are simpler and more convenient that proper traditional marriages. Their ambit is very wide when it comes to the eligibility of people under court marriage. To begin with, a court marriage is a simple marriage that takes place in the presence of three witnesses and one marriage officer who solemnise the marriage. Court marriages do not require any ... Read More

RELEVANT CASE LAWS 1. Lalita Kumari v. Govt. of U.P- In this case, the court held that filing of FIR is necessary if the information of a cognizable offence has been given. No preliminary investigation before the filing of FIR is to be done. 2. Bathula Nagamalleswara Rao & Ors. v. State Rep. By Public Prosecutor- The delay in filing the FIR is justifiable only if there exist reasonable grounds on which it was delayed. At the same ti... Read More

As already mentioned, this section is not limited to public servants and applies to every citizen of the country. The word ‘knowingly’ in this section caters to the requirements of mens rea which is important while invoking this section. Mens rea refers to the intention of committing a crime. Hence, the prosecution has to prove beyond reasonable doubt that intention was present when the accused helped the state prisoner in escaping. If the pr... Read More