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Showing posts with the label Best Divorce Lawyers in Bangalore

How to handle a cheque dishonored case: Procedure for bounced checks?

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Introduction A dishonored cheque, commonly known as a bounced check, can slow down transactions and cause frustration. Whether due to insufficient funds, mismatched signatures, or technical errors, a dishonored cheque requires a structured response to resolve the issue effectively. This article explores the procedure for handling bounced checks, maintaining compliance with legal requirements, and how Lawyers for Appeal in the High Court can help protect your interests. Reasons for Cheque Dishonor Understanding why a cheque is dishonored helps address the issue appropriately. Common reasons include: Insufficient Funds : The account holder’s balance is insufficient to cover the cheque amount. Signature Mismatch : The cheque signature does not match the bank’s records. Incorrect Details : Errors such as wrong date, amount mismatch, or overwriting. Account-Related Issues : Closure or freezing of the cheque account. Technical Errors : Issues like illegibl...

Can alimony be taxed? The Divorce Lawyer's Guide to Negotiating Alimony

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Introduction: Divorce is emotional and it often involves finances, especially alimony. A common question during these negotiations is whether alimony payments are taxable in India. This guide, provided by experienced Divorce Lawyers , aims to clarify the tax effects of alimony, helping you navigate these complexities confidently. Understanding Alimony: What Is It? Maintenance is the financial support one spouse pays to the other after a divorce. Its primary purpose is to ensure that the less-earning spouse, or the one without income, maintains a living standard similar to what was experienced during the marriage. Alimony and Taxation: The Legal Perspective The Indian Income Tax Act of 1961 does not explicitly state whether alimony payments are taxable. However, the interpretation depends on legal precedents and the distinction between capital and revenue receipts. Capital vs. Revenue Receipts Explained Capital Receipts : Generally, these are not taxed unless stated by law. Revenue Rec...

10 Things you need to know about the property laws in India

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Introduction: Buying a property in India requires knowledge of the local property laws . When you understand these laws better, you'll be able to avoid legal issues and make better investment decisions as a result. Following is an overview of ten important property laws in India that every Indian homebuyer should know: Regulatory and Development Act (RERA ) – The purpose of this act is to regulate the real estate sector and protect the interests of homebuyers. This act requires builders to register their projects with the regulatory authority and to disclose all project-related information, including project plans, land titles, and completion timelines. Indian Registration Act - This law requires registration of property deeds, leases, and mortgages. Registrants of all property transactions pay a registration fee based on the value of the property. Transfer of Property Act - The purpose of this law is to regulate the transfer of property. The article discusses the legal re...

Contempt of Court Defenses in Matrimonial Cases: A High Court Advocate's View

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Introduction: Contempt of court petitions are an important part of the matrimonial process, but they're often misunderstood. Such petitions arise when one party ignores or violates a court order, leading to contempt allegations. Being a High Court Advocate in Bangalore, I have observed firsthand how these situations unfold and how difficult it is to defend against such allegations. This blog aims to clarify the process, exploring the types of matrimonial cases where contempt can occur. It also explores the strategies High Court lawyers use to defend the accused effectively. Understanding Contempt of Court in Matrimonial Cases What is contempt of court? Contempt of court refers to any action that disrespects court authority, obstructs justice administration, or defies court orders. Generally, contempt in matrimonial cases occurs when a party fails to adhere to the orders of the court. This includes maintenance orders, child custody arrangements, or injunctions related to property a...

The Best Way to Deal with a Rejected Bail: Expert Guidance from a High Court Attorney

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Introduction: When a bail application is rejected, it can feel like the end of the road, but it’s crucial to remember that this is just a setback, not a final defeat. As a High Court lawyer, I’ve seen many cases where persistence and a clear strategy led to success even after an initial bail denial. If you’re seeking  lawyers in Bangalore for bail , here’s a step-by-step guide on what to do if your bail is rejected. Understand the Reasons for Rejection The first step is to thoroughly understand the grounds on which the bail was rejected. Courts may deny bail for various reasons, such as the seriousness of the offense, repeat offender, the likelihood of the accused fleeing, tampering with evidence, public safety, influencing witnesses etc…. A detailed examination of the rejection order is essential to formulating the next steps. Evaluate the Possibility of an Appeal Appeals may be made to a higher court if bail is rejected by a lower court. This could be the Sessions Court or the H...

15 Financial Mistakes to Avoid in Your Divorce Settlement: Expert Advice from a Family Lawyer in Bangalore

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Introduction: It is important to keep in mind that divorce is not just an emotional journey; it is also a financial one. Navigating the complexities of a divorce settlement—covering finances, taxes, property division, and long-term obligations—requires careful planning. As an experienced family lawyer in Bangalore with nearly two decades of practice, I’ve seen how financial mistakes during divorce can have lasting consequences. Below are the top 15 financial mistakes to avoid, along with practical tips to protect your financial future. 1. Overlooking the Full Financial Picture Failing to account for all assets, liabilities, income, and expenses can result in an unfair settlement. Ensure that you have a complete list of all movable and immovable assets, bank accounts, investments, and debts. 2. Ignoring Tax Implications Divorce settlements can have significant tax consequences. Alimony, property division, and retirement account withdrawals can impact your tax liabilities. It's vit...

Legality of Dating During Divorce Proceedings: Views from Bangalore Divorce Lawyers

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  Is It Legal to Date During Divorce Proceedings? Insights from a Divorce Lawyer in Bangalore Divorce can be an emotionally draining journey, often extending for months or even years. During this time, many people wonder: Is it legal to date while divorce proceedings are still ongoing? As a leading divorce lawyer in Bangalore , I aim to clarify this issue for those navigating such challenging circumstances. In Bangalore, as in many urban areas, dating trends have evolved, largely due to the rise of digital platforms and changing social attitudes. As one of India's most progressive cities, Bangalore has witnessed a shift in the public’s approach to relationships, and dating apps like Tinder, Bumble, and OkCupid are widely used. A 2015 survey published on “VICE” revealed that 42% of dating app users were either married or in the process of divorcing. Many users list themselves as single, despite being married and in the midst of divorce proceedings. This has led to instances where in...

What an advocate in the High Court has to say about defending a contempt of court petition in a matrimonial case

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Introduction: In the realm of matrimonial disputes, contempt of court petitions often arise when one party fails to comply with a court order. These petitions can significantly complicate matters, and understanding the legal nuances is critical. As a High Court Advocate based in Bangalore, I’ve encountered numerous cases where contempt allegations have added layers of complexity to matrimonial proceedings. In such cases, consulting with the best lawyers in India  becomes crucial to navigate the intricacies of contempt proceedings and matrimonial disputes. These experienced legal professionals can help clarify the concept of contempt and formulate an effective defense strategy. In this post, I aim to clarify the concept of contempt in matrimonial cases and discuss how an advocate can effectively defend against such claim s. What is Contempt of Court? Contempt of court occurs when an individual disrespects or disregards the authority of the court, obstructs justice, or fails to compl...

What is the right of the wife if the marriage is considered void - Point of view of an Indian divorce lawyer

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Introduction: In a recent development, the Supreme Court directed that a case be presented to the Chief Justice of India for forming a three-judge bench due to conflicting judgments by a two-judge bench regarding the issue of alimony. Marriage, which is typically seen as a sacred union based on love, trust, and commitment, can sometimes dissolve in ways that leave both parties questioning its very foundation. When a marriage is annulled, it is legally declared as though it never occurred.  But what becomes of the rights and entitlements of the individuals involved, particularly the wife? Does she still have a claim to alimony in the event of an annulment? Annulment is a legal process that declares a marriage null and void for various reasons such as fraud, coercion, incapacity, or failure to consummate the marriage. When a marriage is annulled, it is considered as though the marriage never legally took place. For some, this offers relief and the opportunity to start fresh. However...

A Legal Perspective on Protecting Children During Divorce

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Introduction: Divorce is never easy. It is an emotionally demanding process and the stakes are high especially when children are involved. As the best lawyer in Bangalore with vast experience in family law, I have not only seen the devastating impact inter-parental conflict can have on children. I have also seen that a well-negotiated and amicable divorce can safeguard the mental well-being of children and ensure a stable future for them. This blog is about the mental toll that children undergo when their parents fight during divorce proceedings and the legal implications of an amicable divorce instead of a contested one.  Hidden Consequences: Legal and Emotional Impact on Children  When parents are embroiled in a protracted legal dispute, it is not only the adults who suffer, but often the children have to bear the unseen consequences. Legally, the welfare of children should be the foremost consideration in divorce proceedings, but in reality, a contested divorce can leave d...

Understanding Ancestral Property and Grandchildren’s Rights: An Expert Insight by Property Lawyer in Bangalore

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Introduction: The laws of succession serve as the primary guide for how assets are passed down from one generation to the next in India. These laws guarantee that a deceased person's assets and wealth are fairly distributed to their legal heirs in accordance with the respective succession acts. Understanding the different types of property, such as ancestral property and self-acquired property, is essential for anyone navigating India's property laws. The rights of grandchildren over their grandfather's property are the primary focus of this article, which examines ancestral property in the Indian legal context. Indian Succession Law Classification of Assets Indian law divides assets into two categories for inheritance: Self-Acquired Property Ancestral Property Although "ancestral property" is a term that most people are familiar with, its full legal meaning can be complicated due to the fact that it is not specifically defined in any one statute. Instead, a numb...