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What Happens When Court Notice Is Not Received?

Avik Chakravorty

 In civil proceedings  If anyone is unresponsive to a summons also known as legal notice the court would respond by or the course of action of the court would be initiating ex parte legal proceedings which would entail the plaintiff proving his claim through the legal procedure as well as by evidencing supporting his claim. The Indian courts though usually provide yet another chance to the person unresponsive to a summons by resending it.      Summons according to a civil lawyer are of two types; firstly; normal summons if the other party resides or is doing business in the local jurisdiction of the court in which case the court notice would be sent via process server medium who is essentially a court employee with summoning responsibility. None other than he himself would deliver the summons and make a note on the reverse of the summons copy for the court’s review and consideration.  Secondly, if the party happens to live outside the Read More

Human rights and intellectual property rights

ASHISH SAMAL

Human rights and intellectual property rights INTRODUCTION  The Intellectual Property Rights, as the name suggests, are the rights given to an inventor or the creator as a reward   For creating or inventing something new as a result of his own intellect and importantly  • To benefit the Society out of that invention.    The Human Rights are the rights which are given to the Human Beings, not as a matter of chance or choice but as a matter of his being a human. They are the rights ensuring the basic survival of the Human Beings.   Now, if we consider out the nature of Intellectual Property Rights with reference to the Human Rights then we found that:  • Intellectual Property Rights are non-fundamental Human Rights,  • Open to State interference to fulfill Human Rights obligations.   Thus, after these definitions, we can easily progress forward in understanding the conflicts between the two as well as the resolution of the Read More

The transparent veil of companies: Principle of Lifting the Corporate Veil

Veddant Majumdar

The transparent veil of companies: Principle of Lifting the Corporate Veil   INTRODUCTION A company cannot act for itself without its constituent members acting on behalf of it. However, a company is considered a person in the eyes of law. It is not given the status of a real person but of a juristic person. The identity of a company is separate from its constituent members but is of a different nature. The relation between the identity of a company and the identities of its members, is the added protection which the former imparts to the latter. The company acts as a veil behind which the members of a company can hide their faces, this leads to the perpetuation of fraudulent and illegal activities by the members of a company under the name of a company, thereby firing while putting one’s gun on someone else’s shoulder. To prevent such undesirable situations, eventually, the Doctrine of Lifting the Corporate Veil was devised. This doctrine and its various facets Read More

Medical Negligence - Liabilities of doctors arising under Indian laws

ASHISH SAMAL

Medical Negligence - Liabilities of doctors arising under Indian laws  NEGLIGENCE   Negligence is the  to exercise failure reasonable care;   The three ingredients of negligence are as follows:  • The Defendant owes a duty of care to the plaintiff.  • The Defendant has breached this duty of care.  • The Plaintiff has suffered an injury due to this breach.  LIABILITY UNDER MEDICAL NEGLIGENCE   As per existing Laws, cases for medical negligence caused by Doctors can be filed under following enactments at the option of the Patients:   A complaint for deficiency of service can be filed before the Consumer Forum under the Consumer Protection Act, 1986.  A Civil Suit for the Recovery of Damages in the appropriate Civil Court.  A complaint under Section 304-A of the Indian Penal Code, 1860 in the appropriate  Criminal Court.   A complaint to the Medical Council of India or The State Medical Read More

Can the wife claim property after divorce?

Avik Chakravorty

When the Marriage Laws (Amendment) Bill was moved or proposed by the United Progressive Alliance (UPA) government led by Congress in 2010 in the Rajya Sabha, couples were hopeful that their exit from their troubled marriage would be easier in comparison with the legal wrangling previously. If the Bill had passed, separated couples would have been able to seek divorce under the plea that the marriage cannot be revived or the rift is irreconcilable. This Bill also alluded to getting rid of the six-month mandatory cooling period followed by a year of separation prior to couples filing for mutual consent divorce.   There were those with dogged determination opposing the move citing far-reaching negative consequences, a Parliamentary Standing Committee, suggested the addition of a new clause in the draft, that as far as property rights women can stake a claim to the property of their former husbands.  The committee was of the opinion that women with property Read More

USE OF AADHAR DATA BY THE BANKS AND NBFC'S

Neha Roy

USE OF AADHAR DATA BY THE BANKS AND NBFC’S    From the beginning of June 17, the Aadhar and Other Laws (Amendment)Bill, 2019 has been introduced in the ensuring session of Parliament. AMENDMENT As per the new Aadhar Amendment Act, You can now use your Aadhaar numbers on a voluntary basis to comply with the regulator's Know-Your-Customer (KYC) norms. The Reserve Bank of India introduced important amendments to the Master Direction on KYC along with updating its list of documents eligible for identification of individuals. To understand the customers and financial dealings better, the KYC details fundamentally enables banks and other regulated entities including financial institutions, payment system providers, NBFC’s, prepayment instrument issuers and agents of the Money Transfer Service Scheme. This eventually helps them in managing their risks better. In end-February, the Union Cabinet had approved the promulgation of Aadhaar and Other Laws Read More

What Do I Need to Know About Alimony Before Divorce?

Avik Chakravorty

Divorce for anyone is a harrowing experience and therefore unpalatable and more so if it’s an acrimonious divorce settlement when contested.  In case of divorce alimony payment is known as "spousal support" or "maintenance” are alive and kicking in the Indian divorce system. Moreover, if a spouse’s earnings are considerably more than the other spouse then in all likelihood the spouse with higher earnings would have to make alimony payments. Conversely, if the duration of the marriage is short or if both spouses’ earnings are nearly the same then in such cases the spouses are exempt from making alimony payments.   If alimony is decreed, then a specified amount would have to be paid on a monthly basis until: a judge sets a date several years into the future remarriage of the ex-spouse happensa full-time parent at home is not needed any longer the judicial verdict is that even after a considerable period of time, the spouse’s efforts have not been Read More

The Rights of the Accused Person in India

Avik Chakravorty

PREVENTIVE DETENTION is a right of the indicted according to the Indian Constitution  Under Article 22 of the Indian Constitution custodial detention without informing the detainee at the earliest what the basis for the arrest might be is a violation of the rights of the accused person in India. It's, therefore, neither permissible nor shall the person be denied his right to find a lawyer for consultation purposes and be defended by the legal counsel or any of the criminal lawyers in India of the person’s liking.   Read More

Finalization of Divorce and Legal Action to Take

Avik Chakravorty

At some point in time during one’s marriage wrangles and discords may arise and they may escalate to such an extent that it’s irreconcilable. Couples can opt for either mutual consent divorce or contested divorce where a divorce petition is filed by a spouse and the other spouse becomes the opponent party.    After reviewing and considering the facts and situations stated in the divorce petition and only after the court is convinced that the marriage cannot be salvaged or revived is a divorce granted. Although, the legalities regarding divorce does not end just yet. After the court finalizes the divorce there are some after-divorce formalities that both parties are required to follow. An after-divorce formality is comprised of legal steps supporting the court’s granting of the divorce. A comprehensive list of things to do once the court has granted the divorce are as follows: 1.   Split all properties according to the decree of divorce Read More

4 Tips From Property Dispute Lawyers To Avoid Family Conflicts

Avik Chakravorty

As much as the property is deemed to be a valuable asset that everyone is seen aspiring and vying for, its also often the root cause of conflicting circumstances that arise amongst family members. People are seen battling with their kith and kin over even petty, not to mention far more crucial issues that arise as a result of faulty or flawed inheritance or marriage falling apart.   It's a global phenomenon that finds professionals like property dispute lawyers or property lawyers in India and elsewhere swamped in their respective domain. As they say, prevention is better than cure; in this case, too, real estate disputes can be nipped in the bud or even averted without having to engage a real estate dispute lawyer and all it takes is a bit of planning and foresight. The below-mentioned tips are essentially suggestions or pieces of advice from property lawyers.       1.      Carefully Select The Executor of The Read More

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