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Showing posts from May, 2023

Can A Lawyer Save Me In Self Defense Case

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A self-defense case typically refers to a legal situation where an individual claims to have used force to protect themselves or others from imminent harm or danger. The self-defense claim is raised as a legal defense against criminal charges, asserting that the person's actions were lawful given the circumstances. The specific laws and requirements for a self-defense claim can vary across jurisdictions. Under the Indian Penal Code (IPC), self-defense is recognized as a legal right. Sections 96 to 106 of the IPC outline the provisions related to self-defense. These sections allow a person to use necessary force to protect their own body, property, or the body of others from immediate harm or danger. The force used should be proportionate to the threat faced and must be a reasonable response in the given circumstances. Self-defense under the IPC is based on the principles of necessity, proportionality, and reasonableness. Judicial Pronouncements In the case of Ramdev Singh v State

Who Can Help Me With My Business Agreements?

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The criminal trial's foundation consists of the investigation and charge sheet. The result of the investigation is a charge sheet. The process of conducting an investigation in a criminal case has been incorporated under Section 157 of the Criminal Procedure Code. It necessitates giving the police officer notice that a crime has been committed. The police officer must be satisfied with a few things before starting the inquiry. If the allegations are true, the investigation should start. Time Period for Filing of Charge sheet The time period for filing a charge sheet can vary depending on the jurisdiction and the nature of the case. In general, it is expected that the charge sheet should be filed within a reasonable time frame after the completion of the investigation. In India, under the Criminal Procedure Code , the charge sheet must be filed within 90 days for cases punishable with imprisonment up to 10 years, and within 60 days for cases punishable with imprisonment exceeding 10

How Many Types Of Marriages Are There In India?

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The colours, festivities, rituals and the food are some of the features of Indian weddings which make them special and something people look forward to. The wedding experience in India becomes more eclectic and vibrant as there are different types of marriages around the country based on the cultural diversity of each region. The rituals which are followed in the northern part of the country are different from those in the southern part, while the eastern  part has entirely different kinds of weddings in comparison to the West. Different Kinds Of Marriages In India Marriages in India are registered under the provisions of  The Hindu Marriage Act, 1955,  The Special Marriage Act, 1954,  The Muslim Personal Law or  The Indian Christian Marriage Act, 1872.  Doesn’t matter the state where the marriage is taking place or the kind of rituals which are being followed, a marriage in India has to be registered according to the law of the land. Types Of Marriages In India It will b

How Is Court Marriage A Better Option For Nris?

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Indian women's expectations of a luxurious existence after marriage to an NRI have changed to nightmares. Women who travel overseas experience various forms of maltreatment and are left behind after serving the groom's wants. India is currently dealing with a brand-new evil in the marriage industry. Over the past ten years, there have been two times as many complaints and petitions filed against frauds committed in NRI marriages. Prior to such an idea, laws need to be created and amended in order to help those who have been the victims of such heinous behavior and to improve society as a whole in order to stop such ills. Non-Resident Indian is what the acronym means. The Foreign Exchange Management Act (FEMA), 1999 defines a person resident in India as: A person who has lived in India for at least 182 (one hundred and eighty-two days) in the most recent fiscal year and who comes or resides in India for any reason or purpose. This definition applies even though no e

Can A Common Man Argue In The Court For Criminal Cases ?

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A criminal case is different from a civil case, if found guilty you could face jail time, thus it would be in your favour to let a professional handle what he is best at. In the following article we are going to explain some of the reasons as to why it is not good to represent yourself in your own case.  Section 32 of the Advocate’s Act provides that the Court may allow any person to appear before it even if he/she is not an advocate. Thus, there are statutory rights to represent one’s own self in his case under the Advocate Act in India. You are allowed to represent yourself in the court of law, however, even if you are ready to risk your life and reputation, it would be advisable to contact an experienced criminal lawyers in Bhubaneswar who could explain to you the gravity of the criminal charges you are facing so that you can calmly decide accordingly. Fighting one’s own case-  It is true that you will be aware of the facts of the case as being the party involved, but along with th

What Section Of The Hindu Marriage Act Supports Divorce ?

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The Hindu Marriage Act, 1955 came into effect  in the year 1955 and the divorce provisions were added in it. “Divorce” has not been  defined in the statute per se, but is referred to as termination of Marriage. Section 13 of the Act of 1955 provides certain grounds on which one can apply for divorce, these have been explained below. Clause 1 of the Section mentions the general grounds of divorce provided to both parties, while clause 2 of Section 13 provides four grounds which could be availed by the wife only to initiate divorce proceedings. General grounds for Divorce- Mentioned  under Section 13(1) of the Act, seven grounds have been provided based on which both parties to a marriage can file for divorce. These are-  Adultery- A divorce could be filed by a party in case his/her spouse is having sexual relationship with a third person when the marriage is still intact. Decided by the Madras High Court in  Subbarama Reddiar v Saraswathi Amma (1996) , a single act of adultery would

What Should I Do If My Maternal Uncle Hold Gifted Property Of My Mother?

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Hindu women's property rights are governed by the Hindu Succession Act of 1956 in India. It was established after the 174th Law Commission Report's recommendations; the Hindu Succession Act of 1956 underwent several remarkable adjustments. By altering Section 6 of the Hindu Succession Act of 1956, the 2005 Amendment ended the long-standing discriminatory practise of excluding women from the coparcenary system. A daughter of a coparcener can by birth become a coparcener in their own right, just as a son of a coparcener, according to Section 6(1) of the 1956 Act, which governs any Hindu Undivided Family (HUF) subject to Mitakshara law.  Equal rights for Coparcenary The sons and daughters of a coparcener have equal rights and obligations under Section 6 of the Hindu Succession Act of 1956. According to Section 6(1), the daughter of a coparcener- Has the same claims on the property of the coparcenary as a son would have had, and  A daughter would have the same obligations to

Can Anyone Save Property Tax Without Any Penalty

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If you ask most homeowners about their property tax payments, they'll probably respond that they pay too much. Property taxes are levied against homeowners and are set by municipal governments. Ad valorem means they are based on the current market worth of your property and are recognized as such. Typically, neighbourhood projects and services like local public recreation, law enforcement, and education are supported with funds from property taxes. Considering the fact that all households enjoy the benefits of these services, property taxes can be highly burdensome for individual residences. They often rise over time gradually. Taxes must still be paid even after the mortgage is paid off. Although certain states have lower taxes on property than others, local services are often funded by some kind of tax. Methods to Save Property Taxes without Penalties Return of Stamp Duty for Female Buyers Before or on the day the property is registered, the tax known as stamp duty has to be pai

How Do An Nri Person Hire A Corporate Lawyer In India ?

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Hiring an advocate when you start your business would be crucial for your business as an experienced business lawyer will help you understand the legal requirements of initiating a business startup as well as the required procedure and paperwork which shall be followed, especially when you are an NRI and may not be aware of the various procedures and laws involved with a business transaction. In the following article we will discuss why hiring  corporate lawyers in delhi will be necessary for your business. A corporate lawyer will help you correct mistakes even before they may cause any problem- Starting the business and when in a haste to get to the market as early as possible, business owners sometimes do not think about or may ignore some of the potential legal issues which can result in problems in the future. Ignoring these small issues can always lead to  more issues which will be much more  expensive as well as time taking. Appointing experienced corporate lawyers in noida w

Want To Hire A Lawyer To Save Me After A Major Car Accident ?

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Road accidents could happen unexpectedly as no one plans for them, but after an accident takes place due to the state of extreme panic or adrenaline rush people generally are not in a state to handle the situation properly, hence affecting their claims. As a result, making it necessary for people to be aware of their rights so as to protect them. However, even being aware of the rights will not ensure that you could treat the whole situation with a calm mind; in addition the legalities related to the insurance procedure are also to be dealt with. It becomes, hence necessary to have an experienced criminal lawyer in Mumbai represent your case and assist you through various procedures after a road accident. If you wish to seek legal opinion or wish to seek free legal advice online or are looking for an experienced advocate to represent your case after an accident, you may contact us at Lead India. Mentioned below are some situations which could help you understand the

What Should I Do If A Criminal Wants To Buy My Car?

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When you sell your motor vehicle, whether it is a car, two-wheeler, or even a large vehicle, it is imperative to get the Registration Certificate (RC) and Insurance Policy updated in the name of the buyer. Regardless of how many times it has changed hands, failing to do so puts the owner, as defined by the RC, at danger of being held accountable if the vehicle is involved in an accident or is utilized in any criminal activity. The list of elements below is not exhaustive because every sale is different. But in order to be prepared for the majority, if not all, of the possibilities, these are the most crucial things to know. Review the laws and regulations that are in effect in your state with caution. Carefully screen callers: Chat can be used to interview potential clients and learn information about their wants and financial arrangements, among other things. You can learn how serious clients are about your automobile by making queries.  Be cautious if someone offers to buy your car