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Showing posts with the label Divorce Attorney in India

Divorce Lawyer's Perspective - Is Wife Entitled to Alimony if Marriage Is Void

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Introduction Marriage is often considered as a sacred bond of love, trust and commitment but marriages can sometimes fall apart, leading to legal complications. While divorce legally ends a valid marriage, a dissolution voids it from the beginning, as though it never existed. This raises a significant question: Is the wife entitled to alimony in a void marriage? From the perspective of a divorce lawyer , the answer lies in examining court cases , statutory provisions and the continuous evolution of the law. Annulment: What Does It Mean? During annulment, a marriage is declared null and void. In contrast to divorce, annulment erases a legally valid marriage like it never happened. Grounds for annulment include: Fraud or misrepresentation : One party lied about or concealed crucial facts. Coercion or duress : The marriage of one party was induced by coercion or duress. Incapacity : Mental or physical incapacity to consent to or consummate the marriage. Bigamy : One party was alrea...

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...

A Guide to Getting Bail Under the Narcotic Drug and Psychotropic Substance Act (NDPS)

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Introduction The Narcotic Drugs and Psychotropic Substances (NDPS) Act is a strict regulation in India to prevent drug smuggling and addiction. It comes with severe punishments and restrictions, making it challenging for accused individuals to secure bail. This guide outlines the key points of the NDPS Act, including its punishments, bail options, and strategies for securing bail. This provides clarity for legal recourse seekers. Punishments Under the NDPS Act Understanding the types of punishments under the NDPS Act is crucial for assessing the gravity of the charges. Mandatory Death Penalty: ○        For certain repeat offenses involving large quantities of drugs, the punishment can include the death penalty. Small Quantity Offenses: ○        Maximum punishment: Six months of rigorous imprisonment, a fine of up to ₹10,000, or both. Commercial Quantity Offenses: ○      ...

An Overview of How To Send and Respond to Legal Notices

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Introduction Legal notices are formal communications sent by individuals or their lawyers to other individuals or businesses, informing them that legal action will be taken against them. It works as a warning, offering the other party an opportunity to deal with specific conditions before legal action is taken. Legal notices are a crucial step before filing a lawsuit. They prioritize fairness and due process by checking that all parties involved know the judicial matter at hand. An experienced Lawyer plays an important role in drafting, reviewing, and sending these notices to verify they are legally sound and accurate. When Can You Send a Legal Notice? Legal notices are typically sent in situations involving disputes or breaches of obligations. Some common cases of legal notices include: Property Disputes : Conflicts related to property ownership, transfer, or inheritance. Dishonor of a cheque: When a cheque payment fails without a valid reason. Family Disputes : Issues involv...

How can non-compliance with procedure affect an NDPS case like leading to acquittal?

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Introduction Drug consumption and the taking of drugs are prohibited under the Narcotic Drugs and Psychotropic Substances Act (NDPS ). Although its seriousness and the non-bailable nature of most crimes under it, procedural non-compliance often allows for bail or even its cancellation . This is because the law imposes strict procedural safeguards, giving proper due process and avoiding misuse of power. A 2022 data story valued the global drug trade at $650 billion, with cocaine and heroin being the most used substances. The less commonly used drugs include cocaine, amphetamine-type stimulants, and hallucinogens. In India, ganja is the most common type of drug, followed by charas. Despite the strict NDPS Act,  criminals often get away with their mistakes. The Importance of Procedure Under the NDPS Act The NDPS Act prescribes mandatory provisions under Sections 41, 42, 43, and 50, which are crucial to ensuring fair investigations and trials. These provisions focus on:...