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Domestic Violence and Abuse

Avik Chakravorty

Are domestic violence and abuse one and the same?  Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.    Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are Read More

Advice on Divorce

Avik Chakravorty

Advice for Women who get Divorced  Being a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.    Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts Read More

New Rules in Divorce Laws

Avik Chakravorty

Any divorce law in India aims at exploring the probability of settling marital disputes and whether couples can cohabit. Nonetheless, if there isn’t any possibility under any circumstances whatsoever of couples reworking or saving their marriage then in that case granting divorce resulting in the formal dissolution of the marriage is the logical conclusion to a marriage that has irretrievably fallen apart. In this context, divorce laws are frequently upgraded and amended resulting in a much easier divorce process. The newer laws on divorce in India are  SC says 6- month cooling period is optional   Hindu couples pursuing divorce have had significant respite from the ruling of the Apex Court which states that the waiting period of 6-month as recommended under Section- 13B (2) is discretionary thereby heralding lower courts to hasten divorce if both spouses are consenting to settle their differences including alimony, custody of child or any other pending Read More

The Laws in India against Domestic Violence

Avik Chakravorty

The prevalence of domestic violence is a scourge and an evil thing in our society. It is about time that we ensure that the issue is addressed squarely and that we are equipped in dealing with it.  In India, domestic violence and dowry deaths complement each other. The vast majority of domestic violence cases result in or lead to dowry deaths and therefore prevalent.  There may be relatives or friends who during their lifetime have had to deal with domestic violence or have been perpetrators. Nonetheless, domestic violence is often ignored or overlooked without taking any action as the victims are clueless as to who they ought to turn to for lodging their grievances.    The three laws in effect in India that deal with domestic violence issues directly are: ·       The Protection of Women from Domestic Violence Act, 2005 ·       The Dowry Prohibition Act, 1961 and Read More

What are the Human Rights Laws in India

Avik Chakravorty

Rights and Fundamental Rights  Its oft-heard that both radicals and the layman alike are dueling for their human rights. The question though is what rights are we talking about here and did we get these rights from anyone? Fundamentally, why is it that people have to be on a tussle all the time for their human rights? Read on to find answers to these burning questions.   Introduction to Human Rights and Fundamental Rights  The Indian Constitution has entire sections on The Rights and Fundamental Rights that guarantee people that their rights would be protected. These Fundamental Rights are regarded as the basic human rights of Indian citizens, notwithstanding their gender, caste, religion, creed, so on and so forth. These sections are the vital elements of the constitution which were developed between 1947 and 1949 by the Indian Constitution. The six fundamental rights in India are Right to Equality, Right to Read More

Stages of Adoption in India

Avik Chakravorty

For childless couples adopting a child is often a dream that they may have nurtured throughout their lives and indeed when they actually adopt a child, it’s a dream-come-true for them. For such couples adopting a lonely child is a good thing. Even couples with kids seek to adopt intending to provide financial support to lonely and hapless kids so that they are able to live happily ever after. One is not disqualified from adopting a child for being single Even being single is not an impediment to adoption and one big happy family. Regardless of whether a couple is childless or has children of their own the process of adopting a newborn remains pretty much unaltered in India.   Adopting a Baby in India  If one is planning on adopting a child then it's crucial that one is conversant and indeed updated in regards to the procedures. The Central Adoption Resource Authority (CARA), which is an integral part of the ministry of women and childcare, monitors the Read More

Legal Rights in regards to Cheque Bounce

Avik Chakravorty

Dishonor of Cheque/ Cheque Bounce A cheque bounces or is dishonored when upon presenting a cheque in the bank it is returned to the payer unpaid. There are two reasons behind a Cheque Bounce and they are either insufficient funds in the bank account of the payer issuing the cheque or if there is a mismatch of signatures of the payer in the sense that the payer’s original signature and the signature on the cheque aren’t the same. One does have the option of taking legal action against the payer issuing a bogus cheque. Section 138 of The Negotiable Instruments Act is the most vital and effective legal provision to consider.  Few things to be mindful of   First and foremost the action that the payee ought to take is sending a legal notice or a demand letter to the drawer or payer of the cheque. One ought to also consult a check bounce attorney fir drafting the legal notice which ought to be sent within the stipulated period of a month from the Read More

GST UPDATES

Saket Mohta

A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier  As per the aforesaid provision, the time limit for taking input tax credit for the financial year 2018-19 is up to the filing of return (GSTR-3B) for the month of September 2019. The due date of filing of GSTR-3B for the month of September 2019 is 20th of October 2019. Thus, a taxpayer has the entire month of September 2019 at his disposal to carry out reconciliation of his books v/s return. On reconciliation between the return filed and the books, if he finds any difference then appropriate action is required to be taken by the taxpayer in the September 2019 month’s Read More

Differences Between a Business Lawyer and a Corporate Lawyer

Business lawyer: The Ground Level Details. An attorney who is supposed to take into consideration, the issues that affect businesses such as taxation, variety of business-related transactions and intellectual property to give an angle to his legal practice is known as a business lawyer.  Small businesses that are not well versed with the processes related to enacting their business models, get their advice from a business lawyer who covers almost all aspects of a business by carrying an in-depth analysis of the required case. Talking about startups, well these also require the very detailed implementation of rules and regulations which will help them establish something effective. Also, business lawyers deal with handling lawsuits, overlooking the staff manuals, implementing the standards followed in major Startup law firms and put into enforcement certain effective policies.  Business lawyers in major law firms come with another set of specialities. These Read More

Can a Daughter Claim on Ancestral Property

Avik Chakravorty

Post amendment in 2005, daughters, regardless of whether unmarried or married, is regarded as a member of HUF belonging to her father and can be the designated ‘karta’ managing his HUF property.)   Up until the amendment of the Hindu Succession Act, 1956, in 2005, sons and daughters did not have equal property rights. Although sons had absolute right over the property of their father's, only unmarried daughters were able to avail of this right. Once daughters get married, traditionally they are not a part of their father’s family anymore, rather they are a part of their husband’s household.   According to Hindu law, a Hindu Undivided Family (HUF) is essentially a group of persons, all direct descendants of an ancestor in common. People of Hindu, Jain, Sikh or Buddhist faith can form a HUF.  Daughters' rights in the Hindu Succession Act, 2005 Previously, once daughters got married, she wasn’t a part of the HUF of her father. According to Read More

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