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DIVORCE NOTICE:-

Divorce among Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956 respectively.

HINDU MARRIAGE ACT,1955

Under the Hindu Marriage Act, 1955 there are two sections for Divorce.
  • Mutual Divorce U/s .13 (B)
  • Divorce U/s. 13
The Notice regarding divorce is the way where both the parties have one chance of reconciliation, or come in front and talk on issues and try to solve them.

Mutual Divorce under Section 13(B) of the Hindu Marriage Act: Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual Consent Divorce is the simplest way of coming out of the marriage and dissolve it legally. Mutual consent means that both the parties (i.e husband and wife) are agreed for a peaceful separation.

Divorce under Section 13 of the Hindu Marriage Act: Under this section, there are various grounds i.e. adultery, cruelty, deserting the other party for 2 years, conversion to another religion, unsound mind, mental disorder, etc. to file divorce.

Procedure for filing the divorce is that you may send a notice to the other party, stating the reason to file a divorce petition, asking another party whether they are ready to reconcile the issues. This notice should mention waiting period of 15 or 30 days in order to receive the revert from the other party. After the completion of the waiting period, if other party refuses to reply or is not replying then you can file a Civil case against him/her.

There is no compulsion to send a Legal Notice to the other party, you can directly file a case against him/her. The jurisdiction to file divorce may be the place the party resides, or they lastly resided together.

SPECIAL MARRIAGE ACT, 1954

Under the Special Marriage Act, 1954 there are two sections for Divorce.
  • Mutual Divorce U/s .28
  • Divorce U/s. 27
The Special Marriage Act, 1954 is an Act of the Parliament Of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under the Special Marriage Act are not governed by personal laws. It can apply in inter-caste and inter-religion marriages.

Now a day’s youth generation was getting married with their own choice and they prefer who has a better compatibility with them, rather than marrying someone who belongs to their caste or their religion.

All religions are equal and marriage amongst it should not be a big deal. Caste or religion is conferred on us by birth and not by choice. Thus, the Special Marriage Act is a special legislation that was enacted to provide for a special form of marriage, by registration where the parties to the marriage are not required to renounce his/her religion.

Under this Act, if any spouse wants to take a divorce she/he can file a case at any District Court. Explained in detail as below:

Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction.

  • (i) the marriage was solemnized; or
  • (ii) the respondent, at the time of the presentation of the petition, resides; or
  • (iii) the parties to the marriage last resided together; or 2[(iii a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]
  • (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]


(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

Before filing case, one legal notice of waiting period for 15 or 30 days be dispatched to the other party, in order to notify him/her whether he/she wants a divorce or is intending to go for reconciliation. If another party has replied within and he/she is ready for divorce then they can go for the Mutual Divorce. In case there are clashes in resolving problems and disputes between both, so you can file divorce on followings ground i.e. Adultery, Cruelty, desertion, imprisonment for seven years and more or unsound mind, or mental disorder respectively.


Tenant Eviction Notice

Tenant can be evicted from the premises after considering the rental Laws of the India, the conditions prescribed in the rent agreement and valid reasons of the eviction. Tenant Eviction Notice is a way to remove the tenant from rented premise of landlord, before filing lawsuit.The landlord must give reasonable time to tenant to vacate the rented property by serving a written notice not less than 30 days or of a period as mentioned in the rent agreement.Notice shall contain valid reasons of eviction and it is advisable to get it drafted through expert property lawyer. It should contain the time and date by which tenant has to vacate the property.

The landlord can file the lawsuit in appropriate jurisdiction of court, in case of refusal of notice or not satisfactory reply from tenant.After filing the case court may send the eviction notice to the tenant to vacate rental property. In the majority of cases, the tenants leave the rented premises after receiving a legal notice from the court.

Always remember that, don’ttakematters into your “Hand”

Without help of court and police, evictions are illegal in every state. Even if tenant is liar, deadbeat and causing physical damage to landlord’s property, landlords cannot do any of the following actions without court permission:-
  • Removing the tenant’s stuff from the property.
  • Removing the tenant or his family members.
  • Changing the locks or lock-out the tenant.
  • Shutting off essential utilities (electric, gas, water, etc)
  • Unleashing a family of skunks in the tenant’s basement (aka, harassment)

Eviction Notice Procedure:-

The eviction notice,considered valid only when it contains all the necessary requirements. It should indicate tenant name, date, reason and requires a response as per mention in notice.Eviction notice process also depends upon court jurisdiction and the various situations including time taken by the tenant for reply.

Types of Eviction Notices:-

  1. Notice to Pay Rent or Quit:- if tenant is not paying rent then landlord can give 10 to 15 days notice period. Law suit can be filed in case tenant is not paying rent even after receiving the said notice.
  2. Notice to Correct a Violation of the Lease or Quit:-if tenant violates the lease and rental agreement, landlord can give notice to the tenant with fix reasonable time to fix the violation. In case of failure by tenant Lawsuit can be filed by the landlord.
  3. Notice to Quit:-In this case landlord gives a simple notice to tenant to vacate the premises, failing which the landlord can move to the court with Lawsuit.

As mentioned above in detail, in case you are facing any issue with the tenant, legal notice is the option to be exercised before approaching the Court. Legato helps you in connecting with experienced lawyers who can assist you in drafting legal notice and even in filing lawsuit as a next step.


Refund of Security Deposit

In India most probably peoples reside on a rental basis. Because of exorbitant rates of properties in metro cities like Mumbai, many people are in the form of traveller workers. Living as a tenant can be a comfortable deal but sometimes there are cases where the tenant has to face rental issues and other related problems like getting an unwarranted eviction notice, or rude behaviour and also Refund of Security. So, let us understand the steps for a refund of security deposit from the landlord.

If you want to vacate the rented premises or to the shift any other place, you have to inform the landlord before one month about vacating the premises and ask refund of security deposit. In case the landlord is not ready to return the security deposit, always give your landlord 30 days written notice when you decide to move and ask him regarding refund of security deposit along with a photocopy of security deposit receipt through Registered post Ad/ Speed Post via email or Courier. After receiving notice, if the landlord does not reply positively then you can file Civil Suit for money inform of deposit and a criminal case for Cheating and Criminal breach of trust Or Continue to live the premises without paying rent till the security money is adjusted.

CONTENTS THAT’S NEEDS TO BE CHECK

Provide your Forwarding Address to Landlord
Notify your landlord of your forwarding address in writing, regardless if he asks. In many states, if a renter doesn't provide a forwarding address then, landlords aren't responsible for the same deposit refunds.

Before Moving to check the list of Premise
Before moving from rented premise prepare the checklist of the things, that helps you to what charges if any, you'll be responsible for. Bring your move-in checklist for cross-referencing. If you disagree with damages you can ask the landlord for the same.

If you are living group/ friends
Most leases with multiple renters hold each individual fully accountable for the group as a whole. That means each renter is responsible for the full amount of the rent and any damages, regardless of who caused it. So make sure you're not stuck with the bill for your roommate's wild party that resulted in three holes in the wall. In some states, the security deposit is refunded in equal portions, regardless of who wrote the original check.

Charges?
Typically, damage charges can't exceed actual repair costs. Fees for items like carpet, which depreciate in value over time, should take normal wear and tear into account.

When you will get a security deposit?
(1)After completion of agreement period or when you vacate the rented premises.
(2) You'll receive a letter with itemized deductions that explains why some or all of your deposit is not being returned.

No Letter or Deposit?
What if the allotted time passes and you never receive a letter or a refund? Don't worry. These are steps in place to protect your rights.

  • A form of Request for Return of Security Deposit along with a photocopy, this is usually available from a local tenants association.
  • Send it to your former landlord via certified mail with a request for return receipt.
  • Keep the return receipt.
  • Wait seven days (from the date of receipt) for a response.

If your landlord doesn't refund the deposit after the seven-day notice, you can sue him in small claims court. If your landlord sends a letter on time saying he is withholding some or all of your deposit, but you think the amount is too high, you can still sue him in small claims court.


Consumer Protection

Consumer Protection is always been very evolving sector due to increase in consumerism. In this outlook of business competition, the consumer is and will always be the king. In this scenario, it is very important to understand your rights as a consumer under the Laws of the Land.

In 1986, the Consumer Protection Act was passed for the better protection of the interest of consumers. It is the first and the only Act of its kind in India, which has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. The Act provides for consumer protection councils at district (district forums), state (state consumer redressal commissions) and centre (centre consumer redressal commissions) level.

Section 7 of the Consumer Protection Act, 1986 defines the word “CONSUMER”.It regulates the relationship between individual consumers and the business that sell or buy or avail, goods and Services.The act provides for the path of preventing consumers from frauds and scams of service and sales contracts, eligible fraud, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. Following are the rights to the consumers, as provided in the Act.

  • Right to Safety
  • Right to be Informed
  • Right to Choose
  • Right to be Heard
  • Right to be Seek Redressal
  • Right to Education

SECTORAL LAWS PROTECTING CONSUMERS IN INDIA

Besides the Consumer Protection Act 1986, various laws and Regulations in India protect the interests of consumers, some of which are:
  1. The Bureau of Indian Standard Act 2016: This Act contains provisions for establishing voluntary standards to bring under compulsory certification regime any article, process or service which it considers necessary from health, safety, environment, prevention of deceptive practices, security etc. point of view. Some provisions of this act have also been made for making hallmarking of the precious metal articles mandatory.
  2. The Legal Metrology Act 2009: The Act helps to weight and measure that is used for trade or commerce or for protection of human health and safety.
  3. The Essential Commodities Act 1955: The Act empowers the Government to regulate prices, production, supply, distribution etc. of essential commodities for maintaining or increasing their supplies and for securing their equitable distribution and availability at fair prices.
  4. The Food Safety and Standards Act, 2006: The Act envisages regulation of the manufacture, storage, distribution, sale and import of food to ensure availability of safe and wholesome food for human consumption and for consumers connected therewith.
  5. The Contract Act 1872: The Act binds people on their promises made in a contract. The Act also provides remedies available to parties in case of breach of contract.
  6. The Sale of Goods Act 1930: The act provides safeguard and relief to customers in case goods that are not complying with the expressed conditions and warranty.
  7. The Competition Act, 2002: The Act governs Indian competition law. It replaced the Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India.
  8. The Drugs and Cosmetics Act, 1940: The Act regulates the import, manufacture and distribution of drugs in India. The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to the state quality standards.
  • The Agriculture Produce Act, 1937 provides grade standards for agricultural commodities and livestock products. The quality mark provided under the act is known as AGMARK-Agricultural Marketing.
  • The Consumer Guarantees Act, states that when a business supplies you with consumer products and any problem occurs, you can ask them to fix the problem under the Consumer Guarantees Act (CGA). This act applies for auctions, online sales, or an agent or broker who sells on behalf of someone as well. An online trader has to make it clear if they are in the trade.

In India, the rights of consumer protection are specified in the Consumer Protection Act, 1986. There are Separate Consumer Dispute Redress Forums set up throughout India in each and every district level in which a consumer can file his complaint in simple format along with nominal court fees and his complaint will be decided by the Presiding Officer of the District. The complaint can be filed by consumers for goods as well as of the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC).

Under the Consumer Protection Act, 1986, in case Consumer is not getting any refund, clarification, claims or good services, then he has a right to knock the door of the redressal forums. Consumers can file Complaint within 2 years from the date of action arise. In case of delay, he has to give a specific reason for it. If the Judge i.e the President and the members get satisfied with the reason for filing the complaint then and only then the matter is admitted. The consumer has a right to file the Complaint in a District Forum within the local limits were the cause of action arose or at the place of a branch of the Opposite party.


CHEQUE BOUNCE NOTICE

Cheque bounce is very much common term we hear or experience in day to day life. As word suggests it is dishonor of the cheque issued. Cheque bouncing cases comes under Section 138 of the Negotiable Instrument Act, 1881 (the Act) and creates criminal liability, punishable with fine and imprisonment under the Act and under Indian Penal Code, 1960.

Meaning of Cheque:-

‘Section 6’ of said Act, says that, “A "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.”

Meaning of Cheque Bounce Notice:-

Cheque bounce notice is only intimation to the issuer that legal action will be taken by the cheque beneficiary in case of non-payment of cheque amount on an immediate basis. Cheque bounce is a condition arising due to dishonor of the cheque issued. Sending notice to the person issuing cheque, for the dishonor of said cheque is the first and foremost step to initiate legal case under the Act. Notice provides chance to the issuer of the cheque to make the payment good and so as to avoid the law suit. Recently, Parliament has passed The Negotiable Instruments (Amendment) Bill, for quick prosecution in case of cheque bounce. Under this, once lawsuit is filed, an order may be passed by the Court asking the payment of interim compensation to the complainant by the defaulter.

Things to be looked at while issuing Cheque Bounce Notice:-

  1. It must be in reference to Section 138 of the Negotiable Instruments Act, 1881.
  2. In case the defaulter if the Company then notice should give reference to Section 138 along with section 141 of the Act.
  3. Information regarding the cheque presentation.
  4. Reason for non-realization of payment.
  5. Information regarding the request made to the cheque issuer to make payment on an immediate basis.
  6. A notice must be sent within 30 days of return of cheque to the cheque issuer.

Methos of sending Legal Notice:-

  • It is always advisable to draft and send the notice by taking assistance of the legal professional so as to avoid any future issues, which may be caused due to lack of substantial content as per legal requirements. Generally notice needs to be on a plain paper or on the letterhead of the business/lawyers. Notice shall be duly signed and also sealed, in case sender is the Company. It needs to be dispatched at the address of the cheque issuer through Registered post AD/ Speed post/ courier . Sending notice through email is allowed if the sender is business entity. Cheque beneficiary/ Complainant can retain one copy (called as a OC Copy) of the notice with himself. Legal notice shall contain following details and information.
  • Name of the cheque beneficiary;
  • Name and address of the check issuer/s;
  • Cheque retun date;
  • Reasons for cheque return;
  • Request made to check issuer for immediate alternate payment; and
  • That it is issued as per the Sec. 138 of Negotiable Instrument Act
  • Reference of Section 141 also needs to be provided in case notice being issued to non-individuls

When Cheque Bounce Notice is Issued and Next Procedure?

  • The first condition is that cheque must be towards the liability.
  • Within a period of 6 months of validity of cheque, it should be presented by the beneficiary.
  • Due to insufficient funds/Stop Payment the bank must have returned the cheque.
  • Within 30 days of the receipt of information from the bank regarding the insufficiency of funds, demand is raised by the payee by giving a written cheque bounce notice for the payment.
  • Within 15 days of the receipt of the written notice of cheque bounce, drawer fails to make payment of the said amount then payee can file a complaint before a magistrate within 30 days.
  • A complaint has to be filed in such a state where the bank is situated.

In case, you forgot to send the legal notice within 30 days from the date when bank memo received at that time there is only one option, if the cheque is still within its validity period, he can again present the cheque to the bank for clearing the amount. If the cheque is returned unpaid for the second time, then this time he can issue a legal notice within 30 days from the date of the cheque being returned unpaid for the second time. [However, if the validity period of the cheque is already over, then this option cannot be exercised.


Labour and Services in India

In India, there are different types of Act which are governed by state and central to protect and provide all facilities to the labourers. It is safeguarding the interest of workers as part of the fundamental rights of the constitution of India. Indian labour law makes a distinction between people who work in "organized" sectors and people working in "unorganized sectors". People who do not fall within these sectors, the ordinary Law of contract applies. The working people and their organizations include trade unions and employee unions, enforced by government agencies.

Labour is the amount of physical, mental and social effort used to produce goods and services in an economy. It supplies the expertise, manpower, and service needed to turn raw materials into finished products and services

The labour law is reflective of various struggles in the society, including employers cost capabilities, employees demands, health safety conditions, political pressures during a given point of time. Following are the few points:-

  • Working hours per day and week.
  • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work.
  • Employment of children, young persons and women. Rules for annual leaves, maternity leaves, sick leaves and casual leaves, etc.
  • Rules for employment and termination of service.
  • Unemployment
  • The minimum age for employment
  • Night Shifts for Men’s and Women’s.
  • Maternity production

Domestic workers in India

Child labour in India is prohibited by the Constitution, article 24, in factories, mines and hazardous employment, and that under article 21 the state should provide free and compulsory education up to a child is aged 14.

Sexual Harassment at the Workplace (Prohibition, Prevention and Redressed) Act, 2013

The Sexual Harassment at Workplace (Prohibition, Prevention and Redressal) Act, 2013 (SHW Act) was enacted by the Parliament to provide protection against sexual harassment of women at workplace and prevention and redressal of complaints of sexual harassment and for matters connected therewith. The SHW Act makes it mandatory for every organization having 10 employees and more to constitute an Internal Complaints Committee (ICC) to entertain complaints that may be made by aggrieved women.

The SHW Act also provides that the aggrieved women may in writing make a complaint of sexual harassment as the case may be within a period of three months from the date of occurrence of such incident. Further, in a case where the aggrieved woman is unable to make a complaint on account of her physical incapacity or Death, a complaint may be filed inter alia by her relative or legal heirs.


TRADEMARK AND COPYRIGHT

Protection of Intellectual property repeatedly goes un-noticed by the business owners. Very few business or start-up owners understand the importance of safeguarding their Intellectual Property in long run. It is therefore highly very important for a business owner, a startup owner, a creative person or an inventor to have clarity about the concepts of Trademark, Copyright.

Trademark: A trademark is a symbol, logo, design, word, phrase, colour, sound or a combination of these which is used for the purpose of trading goods or providing services. It indicates the source of goods and services and distinguishes them from the goods and services of others. It provides individuality of rights to the use of a trademark in relation to the product or service

Procedure for Registration of Trademark

Documents can be filed by a person or through his duly authorized agent to the appropriate office of the trademark registry. The Registry must be in the territorial jurisdiction where the business is located. Documents must be a filed at the office personally through registered post Ad or by submitting Documents on their official website.

Documents must be a filed in Hindi or English, it must be handwritten or typed. It should contain the detailed information/contents of the business i.e. Name, the address for service of person, details, and grounds, etc.

Types of Trademark

  • Product Trademark
  • Service Trademark
  • Collection Trademark
  • Certification Trademark

Types of Trademark

Suit for infringement/breach/violation, etc., to be instituted before District Court.—
(1) No suit—
  • for the infringement of a registered trademark; or
  • relating to any right in a registered trademark; or
  • for passing off arising out of the use by the defendant of any trademark which is identical with or deceptively similar to the plaintiff's trademark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.

(2) For the purpose of clauses (a) and (b) of sub-section (1), a "District Court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or another proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. Explanation —For the purposes of sub-section (2), "person" includes the registered proprietor and the registered user.

Copyright: Copyright is a right given to the creators of literary, dramatic, musical and a number of other works of the intellect. It normally means that only the creator has the right to make copies of his or her works or prevents others from making copies. The basic idea behind such protection is the premise that innovations require incentives. Copyright recognizes this need and gives it a legal sanction. Copyright protects all of them.

Section 62 of the Copyright Act, 1957:

Jurisdiction of court over matters arising under this Chapter.—

(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a "district court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain. The Copyright Act, 1957 gives the rights, procedure, authorities established and relief modes under copyrights. It lays down a definition of copyright and states the types of works protected under this law i.e. literary works, dramatic works, artistic works, musical works, cinematograph films, and sound recordings.


Corporate

The definition of corporate is something related to a business group or a business that operates as a single legal unit.

A corporation is a form of organization that has an existence independent of its owners. It has powers and liabilities of the separate and individual form of its owners. They can be organized for many purposes and can come in many ways.

Corporate Structure:-

  • How a business is organized to accomplish its objectives.
  • It determines the ownership, control, and authority of the organization.
  • There are three group of characteristics are represented: shareholders, directors, and officers.
  • Ownership belongs to the shareholders.
  • Control is exercised by the board of directors on behalf of the shareholders, while authority over the day-to-day operations is vested in the officers.

Limited Liability:-

If the corporation cannot pay debts, in this case, company assets must be seized and sold. But although you can lose your investment, the creditors cannot attach your personal assets (such as cars, houses, or bank accounts) to satisfy their claims.

Personal liability may also be imposed if the corporation does not comply with required legal formalities or fails to keep proper records.

Forming a Corporation:-

If you want to form a corporation, it is necessary to obtain a state charter. Here are some things to do before you apply:
  • Choose the state in which you want to incorporate, this will be your head office or where it conducts most of its business.
  • Choose and decide the Officers.
  • Although many states require at least two or three parties to form a corporation, they need not all be the shareholders.
  • Friends or family members to serve as the initial officers.
  • If you are the sole shareholder, you alone will control the corporation's activities.

Shareholders:-

In a corporation, a group of shareholders has shared ownership, represented by holding shares of common stock. Most business corporations are established with the goal of providing a return for its shareholders in the form of profits. Shareholders have the right to share in the profits of the business but are not personally liable for the company's debts. This concept is known as limited liability and is one of the main advantages of the corporation in a form of doing business.

Board of Directors:-

The board of directors is responsible for overseeing and directing the business of the corporation in the best interest of the shareholders. The key point here is an oversight; the board is not expected to actually operate the business. Rather, its purpose is to oversee operations, approve major plans, and monitor financial performance. The board generally performs the following functions:
  • Select, evaluate, fix the compensation for, and, when necessary, replace the company's chief executive officer
  • Oversee the business operations to evaluate whether the business is being properly managed
  • Review and approve major corporate plans, financial objectives, annual budgets, and strategies
  • Review the adequacy of financial accounting, auditing, and other systems to comply with applicable law

The board of directors is generally comprised of three types of people. The chairman of the board is technically the leader of the corporation, responsible for running the board effectively.

To prevent the concentration of power and information in one or a few individuals, boards are advised to have a balance of executive and non-executive directors, some of whom are independent.

An executive director is also an executive of the company, such as a CEO or CFO. A non-executive director is not a part of management and is valued for external perspectives and unique expertise.

“Non-executive” directors should meet in private regularly, without the presence of “executive” directors, according to governance experts.

Employees must be appointing any of Director to fix their salary.

Profit and losses are not always fixed in the corporation as they are always fluctuating in nature. It mainly depends upon the share market.


STARTUP

There are no limits on who can become a great Business entrepreneur. You don't necessarily need a college degree, a bunch of money in the bank or even business experience to start something that could become the next major success. However, what you do need is a strong plan and the drive to see it through.

Things to remember and required to start a business/company.

1. Select a Name & Legal Structure:- There are 4 types of legal structure/organization, of which you can select any one of them.

  • Sole Proprietorship
  • Partnership
  • Limited Liability Company (LLC)
  • Corporation or S-Corporation

2. Start a Market Research:- Is anyone else already doing what you want to start doing? If not, is there a good reason why? Start researching on the thing what you have decided to start and collect the information, also contact the peoples who can help you in this matter.

3. Write your Business Plan:- A Business Plan is a written description of how your business will evolve and from when it starts to the finished product.

  • Title Page: Start with the name, the name of your business, which is harder than it sounds.
  • Executive Summary: This is a high-level summary of what the plan includes, often touching on the company description, the problem the business is solving, the solution and why now.
  • Business Description: What kind of business do you want to start? What does your industry look like? What will it look like in the future?
  • Market Strategies: Who is your target audience, and how can you best sell best to that market?
  • Competitive Analysis: What are the strengths and weakness of your competitors? How will you overcome them?
  • Design & Development Plan: What is your product or service and how will it develop? Then, create a budget for that product or service.
  • Operations & Management Plan: How does the business function on a daily basis?
  • Finance Factors: Where is the money coming from? When? How? What sort of projections should you create and what should you take into consideration?

Start learning as much as you can about the production, New thing, development of Busines/company, so you can improve the process and your hiring decisions as time goes along.

4. Obtain your Federal Employer Identification Number (FEIN): If you are set up as a Corporation, LLC or Partnership (or a sole proprietorship with employees), apply for a Federal Employer Identification Number (FEIN) from the IRS. A FEIN will be necessary to open a bank account or process payroll.

5. Open the Company Bank Account:- Select a bank and open the company bank account.

6. Lease Office, Warehouse or Retail Space (if not home-based):- Depending on your type of business (retail, office or warehouse), arrange for office space to be leased. Contacting a commercial realtor in your area can be helpful. Also, make sure to arrange for utilities and office furniture.

7. Obtain Licenses and Permits:-

  • A. Federal Permits: Depending on the type of business you are in, you may need a Federal license or permit.
  • B. State Licenses: Some occupations and professions require a State license or permit. Laws vary from State to State, however, if you are engaged in one of the following professions, you should contact the responsible state agency to determine the requirements for your business. State license and permits are based on the Products sold.
  • C. Sales Tax Permit: If your company sells physical products within the state where it does business, you may have to collect and pay sales tax. This is usually accomplished by obtaining a State Seller’s Permit or Resale Permit.
  • D. Business License: Most Cities or Countries requires you to obtain a business license, even if you operate a home-based business. This is a license granting the company the authority to do business in that city/county.

8. Hire Employees (if applicable):- If you intend to hire yourself or others as a full or part-time employee of your company, then you may have to register with the appropriate State Agencies or obtain Workers Compensation Insurance or Unemployment Insurance (or both).

9. Set up an Accounting and Record-Keeping System:- Setup your Accounting and Record-keeping system and learn about the taxes your new company is responsible for paying.
Company documents generally are required to be kept for 3 years, including a list of all owners and addresses, copies of all formation documents, financial statements, annual reports, amendments or changes to the company. All Tax and Corporate Filings should be kept for at least 3 years.

10. Obtain Business Insurance:- There are many types of insurance for businesses but they are usually packaged as “General Business Insurance” or a “Business Owner’s Policy”. This can cover everything from product liability to company vehicles. A decent policy can run as little as $300/year and offers a great extra level of protection.

11. Systemize and Organize:- Prepare the business as if someone needs to take it over and run it for you. These means have a method to process orders, pay bills, pay employees, pay taxes, maintain your permits, etc. Basically, try to make the operational aspect of the business as automated and efficient as possible so you can concentrate on growing your business.

12. Develop a Business Identity:- Order business cards, letterhead and promotional materials for your business. A professionally created logo can make your business look professional and established.

13. Get the Word Out (Marketing):- Now that you’ve set-up the company for success, you need to get the word out. Create a marketing plan for your products and services that target your ideal customer.


SUPREME COURT OF INDIA

Supreme Court of India is the highest court in the Republic of India; it is a ladder of the court in many legal jurisdictions. Supreme Court is also known as apex court and the highest or final court of appeal. The decisions of a supreme court are not subject to further review by any other court, but their Orders are full and final and duty bound to all lower courts and can only be modified in some cases like death sentence by the President of India. It has several jurisdictions namely Original, Appellate, and Advisory.

Supreme court typically functions as an Appellate Court, which means hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. Supreme Court of India is located at New Delhi. The Supreme Court judges are appointed by the President of India, as per the guidelines of the Constitution Of India. These judges get retired at the age of 65. There are currently 24 judges including Chief Justice of India against a maximum possible strength of 31.

COURTS IN INDIA:-

  • Supreme Court
  • High Court of every state
  • City Civil and Session Court
  • Metropolitan Magistrate Court.
  • District Court.
  • Lower Courts

In India, the Supreme Court of India was created on January 28, 1950, after acceptance of the Constitution. Article 141 of the Constitution of India states that the law declared by the Supreme Court is to be binding on all Courts within the territory of India. It is the highest court in India and has ultimate judicial authority to interpret the Constitution and decide questions of national law (including local by-laws). The Supreme Court is also vested with the power of judicial review to ensure the application of the rule of law.

FACILITIES OF SUPREME COURT OF INDIA:-

  • Display Board
  • Judge’s Library
  • E- Committee
  • Law Officers
  • Mediation and Conciliation Committee
  • Legal Aids
  • Important Links
  • List of Advocates on record
  • Notice and circulations.
  • Museum
  • E- visitors pass

Note that within the constitutional structure of India, Jammu and Kashmir (J&K) has a special status vis-a-vis the other states of India. Article 370 of the Indian Constitution is an article that gives independent status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution namely Temporary, Transitional and Special Provisions.

The principles applied by the Supreme Court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law. The decisions of the Supreme Court are not necessarily binding beyond the immediate case before it; however, in practice, the decisions of the Supreme Court usually provide a very strong precedent, or jurisprudence consternate, for both itself and all lower courts. It is also known as the court of records, i. e. all judgments are recorded and printed. These are cited in lower courts as case - law in various cases.


IMMIGRATION

Now a day’s India has been receiving large numbers of immigrants, mostly from the neighbouring countries and some from other parts of the world, and hence it needs to be seen as a major immigration country. The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provisions of the Constitution. The Constitution of India provides for a single citizenship for the entire country.

The provisions relating to citizenship are contained in Articles 5 to 11 in part II of the Constitution of India. Articles 5 to 9 of the Constitution determine the status of persons as Indian citizens at the Commencement of the Constitution. Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be enacted by the legislature. Under article 11, the Constitution expressly saves the power of parliament “to make any provisions with respect to the acquisition and termination of citizenship and all other matters relating to citizenship”. Article 5 states that at the commencement of this constitution, every person belonging to the following categories, who has his domicile in the territory of India, shall be a citizen of India:

  1. Who was born in the territory of India; or
  2. Either of whose parents were born in the territory of India;
  3. Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement

Article 6 of the Constitution provides for the rights of citizenship of certain persons who have migrated to India from Pakistan. Article 7 of the Constitution has made provisions for citizenship of certain migrants to Pakistan and Article 8 of the Constitution provides for the rights of citizenship of certain persons of Indian origin residing outside India

When a person enters a new country for the purpose of establishing permanent residence and ultimately gaining citizenship, it is called Immigration. Immigration Law constitutes a very complicated set of rules, regulations, and exceptions. But the residence of immigrants is subject to the conditions set by the Immigration Law. Every nation has specific laws to govern Immigration within it.

There are 86 Immigration Check Posts all over India, catering to international traffic. Out of these, 37 ICPs are functioning under the Bureau of Immigration, while the remaining are being managed by the concerned State Governments.

Immigration Law is the law which exclusively governs Immigration in a nation. For instance, a Government may in its discretion determine who it may allow in, and for how long, and who it may deport, the subject of course to internationally accepted basic human rights and principles.

The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provision of the Constitution. The Constitution of India provides for a single citizenship for the entire country.

So far as foreign citizens are concerned, Immigration Law is related to the Nationality Law of a national governing the matters of citizenship. International Law regulates Immigration Law concerning the citizens of a country. Hence, Immigration law refers to national government policies which control the phenomenon of immigration to their country.

What is Embarkation Form?

A departure card, also known as an outgoing passenger card or embarkation card, is a Legal Document used by immigration authorities to provide passenger identification and an effective record of a person’s departure from certain countries. It also serves as a declaration in relation to health and character requirements for non-citizens entering a particular country.

Typically the information on the departure card includes

  • Full name
  • Nationality
  • Passport number
  • Flight number or name of aircraft, ship or vehicle
  • Purpose of trip: vacation, education/study, visiting relatives/families, business, diplomatic
  • Duration of stay
  • Destination (next stop of disembarkation)
  • Address in country

VARIOUS ACTS GOVERNING IMMIGRATION INTO INDIA:

  • The Citizenship Act, 1955
  • The Registration of Foreigners Act, 1939
  • The Immigration (Carriers Liability) Act, 2000
  • The Passport (Entry into India) Act, 1920
  • The Passports Act, 1967
  • The Emigration Act, 1983
  • Foreign Contribution Regulation Act, 1976
  • The Foreigners Act, 1946
  • Foreigners Law (Application and Amendment) Act, 1962.


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Procedure For Registering Marriage
Marriages can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954 in India. For both, a marriage certificate is legitimate proof that a couple has married. A marriage certificate is an official declaration which states that two people are married. 

The Supreme Court mandates registration of the marriage for safeguarding women’s rights since 2016. It's essential that the women get their marriage registered immediately after marriage as it establishes their legal claim as a wife. Thus, obtaining a marriage certificate can have various benefits. It is not just 'another license' that one must acquire. To get the marriage certificate, the bridegroom should be over 21 years of age, and the bride should be more than 18 years.

The reason to obtain marriage certificate is that it is a vital document while applying for the passport or opening a bank account with a new surname post-wedding. Also, in the case of visa processing, many embassies request a copy of the marriage certificate. Therefore, it is obligatory for many couples who want to move abroad after the wedding.

Documents required while applying for marriage certificate;
1) Personal Identity proof
- Aadhar Card
- PAN Card
- Ration Card
- Driving license
- Passport
- Passport size photo

2) Age proof
- School certificate
- Birth certificate
- Visa
- Passport

2) Marriage proof
- Wedding invitation
- Temple marriage receipt (If Any)
- Any other proof of marriage solemnization

4) Address proof
- Electricity bill
- Rent agreement
- Ownership deed

Procedure for Registration of MarriageSteps to register the marriage under the Hindu Marriage Act, 1955 are as follows;
- The application form from the link provided by the state can be downloaded and printed.
- After getting the printout of the application form and filling all details to be asked in the way; and
- After filling all details in the form and declaration form, give your signature on the bottom of the form.
- Submit the application form to your nearest local authority 
Steps to register the marriage under Special Marriage Act:
- Fill the online application form from the link provided by the state and fill all the details to be asked in the form.
- Give notice of intended marriage to the registrar in 30 days advance with the prescribed fee.  
- In case of no objection found within 30 days from the date of notice of intended marriage. The bride and bridegroom must appear in the registration office within the next 60 days with three witnesses.
- After all the prescribed procedure, registrar registers the marriage.
Bride and bridegroom and three witnesses should give their signature on the declaration and marriage certificate. 

For marriage registration under the Hindu Act, the marriage must have been solemnised as per the Hindu customs or non-customary, and the bride & bridegroom must belong to Hindus, Jain, Buddhist and Sikhs. Further, any of the following premises should come within the jurisdiction of the Registering Officer:
- Residence of the bride.
- Residence of the bridegroom.
- Solemnization place.
- For Online Registration

Marriage Registration is required in India for the reasons:

It is a legal proof you are married and the most vital document of a marriage, for purposes like obtaining a passport, changing your maiden name, etc. ascertain dishonest husbands altogether deny marriage leaving their spouses in the pitch, be it for seeking maintenance, custody of children or inheritance of property, etc. Thus, moved by the plight of deserted women fighting for their rights like maintenance and custody of children, etc. it is imperative for such women to have their registration of marriage so that they can claim their right legally.

To ensure your marriage, you should have your marriage testament recorded. In case of applying for a travel permit, opening a financial balance in the wake of wedding and other legal exercises expect you to have your marriage authentication. A marriage declaration is additionally required on the off chance that you need to apply for life coverage arrangements. There are even odds of marriage question in specific cases, and marriage endorsement can be a substantial confirmation of the way that you are lawfully hitched.

Marriage registration is required as proof of marriage. It will help to manage a lot of legal complexities that may occur in future.

Suppose one of them died natural death the surviving partner has all rights on the property of the deceased. There are chances of others questioning the sanctity of the marriage. Mostly claims may come from the relatives of the dead.

Having some record of your marriage is only reasonable, and it will help you manage many situations in future. The Government insists on marriage registration after noticing misuse of marriage certificates from other (religious) institutions too. 


The Maternity Benefit Act, 1961
Maternity Act 1961 makes provisions to protect the dignity of Motherhood by giving complete and healthy care to women and her child when she is unable to perform her duty due to a health condition, Maternity Leave and benefit. 

Maternity Act 1961: Provides women, assurance that her rights will be looked after while she is at home to take care of her child.

Applicability: The Act extends to the whole of India. Every store or establishment wherein 10 or more persons are employed on any day preceding 12 months and to every factory, mine or plantation (including those belonging to Government).

Eligible for Maternity Benefit: A woman must be working in the establishment for a minimum period of 80 days in 12 months before the date of delivery — any women who earn less than Rs. 15,000/-, her employer may offer ESI (Employees State Insurance) scheme and she will not be eligible for benefit under the Maternity Benefit Act but will receive the maternity benefit under the ESI scheme.

Duties of Employee for Maternity Benefit: Any women expecting a child may ask the employer to give her light work ten weeks before the expected delivery date. The employer must be informed seven weeks before her delivery date about the leave period; also she must name the person to whom the payment will be made in case she cannot take herself.

Municipal Corporation Of Delhi vs Female Workers (2000) SCC 224: A Union of Female Workers who were not on regular rolls, but was treated as temporary workers and was employed on Muster roll, claimed that they should also get maternity benefit like other regular workers. Court held that the provisions of the Act entitle maternity leave not only to those in regular employment but also to women on a casual basis or muster roll basis on daily wages and, is wholly in on the lines of the Directive Principles of State Policy vide Articles 19, 42 and 43 of the Constitution of India.

Cash Benefits: 84 Days Leave with pay before/after delivery. A medical bonus of Rs. 3,500/- Take the payment for six weeks after/before childbirth. Additional leaves with pay, up to one month subject in case of illness subject to proof for the same. Six weeks leave with the average salary in case of miscarriage. Paid leave with wages of maternity benefit for a period of 2 weeks in case of tubectomy operation 

Non Cash Benefits:
- Light work for about ten weeks (6 weeks plus one month) before delivery. 
- Two Nursing breaks of 15 Minutes till the child becomes of 15 months.
- No women can be discharged or dismissed during maternity leave.
- Pregnant women who were discharged or dismissed may still claim maternity benefit from an employer.

Paid Maternity Leave Increased: The Amended Act has increased the duration of paid maternity leave available for women employees from the earlier existing 12 weeks to 26 weeks. This benefit could be availed by expecting women for a period extending up to a maximum eight weeks before the expected date of delivery, and the remaining can availed after the birth of the child. And for women who are having two children and expecting after them, then the duration of paid maternity leave will be 12 weeks (i.e., six weeks before and six weeks after the delivery).

Maternity leave for commissioning and adoptive women: Leave of 12 weeks will be available to mothers adopting a child below the age of 3 months from the date of adoption; in case of “commissioning mothers.” the same provisions have been made.

Option to Work from Home: The amended Act has also introduced a provision relating to "work from home" for women; this can be utilised after the 26 weeks' leave. Women employees may be able to take this benefit on the terms that are mutually agreed with the employer depending upon the nature of work.

Creche facility: The Act makes creche facility mandatory for every establishment which is employing 50 or more. Women employees shall be permitted to visit the creche four times during the day which includes rest intervals.
It is mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.

Legal Obligation under Maternity Act: No employer can unknowingly employ a woman in the establishment for six weeks following the date of delivery or date of miscarriage. No woman must work in any establishment during the six weeks immediately the day following her delivery. It is unlawful for her employer to discharge or dismiss her on account of such absence. In case of any Gross misconduct, the employer in writing can communicate about depriving such benefit. Within 60 days from the date of deprivation of maternity benefit, any Women can appeal to the authority prescribed by law.

Duties and Penalty for Employer: Record Management: Every employer needs to prepare records or registers. The penalty for Contravention of Act is Imprisonment with a minimum period of 3 months to maximum 01 years and Fine from Rs.2000 to Rs. 5000.

Reasons Why Cheques Dishonoured
A banker can stop the payment of a customer and can dishonour the cheque. The following are the main reasons and circumstances in which the bank can dishonour the Cheque of the customers.

We often issue Cheque to make payment as it is a convenient and less risky to make payment through Cheque. You write the date, the amount in figures and words, name of the party to whom payment needs to transfer along with signatures. It appears to be easy, but we often make some common mistakes due to which Cheque is dishonoured by the bank or return unpaid.

Let's find some common reasons or mistakes to be avoided while writing or issuing Cheque. When Cheque is given for payment, the bank should make the payment to the payee as specified in the Cheque if everything is in order. In case the bank refuses to make payment of amount then Cheque is said to be dishonoured. Bank returns the Cheque to Payee with a memo specifying the reason for dishonour.

Before we go through the reasons for the Dishonour of Cheque, let's see what needs to write Cheque;
• Name of the Person to whom payment is to be done, i.e. Payee Name
• The amount in Figures and Words 
• Date of depositing the cheque
• Drawee Signature

If one has written everything as mentioned above in order, then your cheque is dishonoured due to any one of the following reason.

Funds Insufficient/Exceeds Arrangement – Prevalent reason due to which bank return the cheque unpaid. Sometimes, you write the cheque against salary which is to be credited on a particular date. In case salary is not credited or get late then the Cheque is presented for payment, Bank will return it unpaid. So, confirm or maintain bank balance in your account before issuing. In the case of the overdraft account, the cheque is dishonoured with the reason "Exceeds Arrangement".

The amount in words and figures – Bank dishonour the Cheque if amount written in words and numbers are different. In such a case, the bank can terminate the payment of the cheque and dishonour it.

• Payee Name – In case the payee name is absent then the bank can dishonour the Cheque with the reason "Payee Name Required".

• Signature Differ – Sometimes you forget your signature, which you did while opening the account. The Bank will dishonour the Cheque if the (drawer) signature doesn't match with specimen available in a bank record.

• Alterations/Overwriting – The Bank will not honour the Cheque if you overwrote/altered something on it. It is advisable to avoid overwriting and alternation.

Post Dated Cheque – When date written on Cheque is yet to come is called post dated Cheque. Suppose, Date written on Cheque is 04th May 2019, But you present it for payment on 1st May 2019. Bank will dishonour the Cheque and return it unpaid as the bank cannot honour it before the date mentioned on Cheque.

• Instrument Out-Dated/Stale Cheque – A Cheque is valid for three months from the date written on Cheque. If a Cheque is presented after three months of the date mentioned, then it is called Stale Cheque. Bank cannot make the payment of Stale Cheque and return it unpaid with the reason "Stale Cheque or Instrument".

Payment Stopped by Drawer – Mostly drawer stop the payment in case if the cheque is lost or stolen. In this case, Bank dishonours the Cheque and return it unpaid with the reason that payment is stopped by the drawer.

• Dormant / Inoperative Account – If the account is dormant or inoperative, then the bank can dishonour the Cheque.

• Account Number – If the account number is not mentioned in Cheque clearly or it is absent. Then bank dishonours the Cheque.

• For No Funds – In case there is no credit balance in customer's account, but he has drawn a cheque to the bank, the bank must dishonour the cheque. 

• Typed Cheque – As a general rule if the customer draws a typed Cheque because it is easily altered, then the bank can refuse to make payment.

Same Branch – The same bank branch can make payment of a cheque where the customer has his account. If a customer presents a Cheque for payment at a branch where he has no account, the bank will not make payment of the Cheque.

• Alteration Or Change – when it is seen that the customer has altered the figures, date, name, etc. after drawing the Cheque, but has not legally attested it, the banker will dishonour the cheque.

• Joint Account – Some customers have a joint account, and the signature of all the persons is needed on the Cheque, and if the Cheque has not been signed by all jointly, the bank will not make the payment.

• When the Payment Is Stopped – In case the drawer asks the bank to stop payment and not to pay for a cheque issued, in that case, the Cheque will not be honoured by the bank.

For Frozen Account – In case the government or court order that the account of a particular person has to be frozen, in such case, the bank will dishonour all the cheques bearing that account number.




Guardian and Ward Act In India
A guardian is someone who gets appointed concerning taking care of the person or property of that person or both.  The protected individual, known as the ward, is considered legally incompetent of acting for himself or herself; examples are a child or individuals suffering from a severe illness. 

The question of guardianship most commonly arises to children, where there is parental abuse, negligence, drug dependency, or divorce (in which case is reposing custody in one parent, or the other generally becomes the issue).

What is the Minor, Guardian, and ward defines:-

- "Minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is to be deemed not to have attained his majority. 
- "Guardian" means minor for whose person or property or both there is a guardian. 
- "Ward" means a minor for whose person or property or both there is a guardian.

Where can you file the case?

For the Guardianship of minor, the case should be filed before the District Court within the jurisdiction where the minor resides, or the place where the child has its property.
If the case of guardianship of the property of a minor is filed before the district court, not within the jurisdiction where the minor resides, the court has a right to return the application or can dispose of the same. The case should always be filed within the jurisdiction.

The Guardians and Wards Act, 1890 is a law to replace the other rules relating the same. It is the only non-religious universal law for the guardianship of a child, and It applies to all children despite any creed or race. 

As per the act, a minor is any person who has not completed 18 years of his age. The court and the appointed authority can decide the guardian of a child by selecting the one. No order can be passed without making an application. The application contains all information about the child/minor and reasons for guardianship. Once the court admits the form, then the hearing date is set by the court. The court will hear evidence before making a decision. A minor and his property may have more than one guardian. The court must work in the interest of the minor, taking into consideration the age, sex, religion, character of the guardian, the death of the parent(s) and also the relation of the guardian with a child. The court always considers the preference of the minor. 

The collector of the district within the jurisdiction of minor resides can appoint the guardian of the child. Guardians are not allowed to make a profit, but they can receive remuneration as the court seems fit. One minor cannot be deemed as a guardian of another. A guardian is responsible for the education, health and support of the ward.

Guardians who intend to move the child out of the court's jurisdiction may only do so with the permission of the court. Failure to get approval is a punishable offence. A guardian of property is not allowed to mortgage or sell the property of a ward without the permission of minor or the court who must act in the interest of the child.

The guardian must submit the list of ward's immovable and movable property to the court.  The court can allow the guardian of minor to use funds from the property or use the whole property for the maintenance of the minor. A court can remove a guardian for abusing the trust of the court and not performing his role as a proper guardian. A person who intends not to act as a guardian of a minor can apply to the court for the discharge of his duty. 

There are punishable offences if the guardian fails to produce the property of the ward, he fails to produce the child before the court when ordered and fails to produce an account of the property of the minor. Reports submitted by the subordinates of court or collector can be considered as evidence. Such orders can be appealed in a High Court.

Medical Negligence In India
Indian Society is experiencing a growing awareness recently regarding the patient’s rights. Hospitals are increasingly facing complaints regarding the facilities and the correctness in their diagnosis methods. Since the Consumer Protection Act, 1986, has come into force some patients have filed legal cases against doctors, establishing that the doctors were negligent in providing medical service, and have thus claimed and received compensation. Therefore, a number of legal decisions have been made on what amounts to negligence and what is required to prove it.

Medical negligence is a blend of two words. The second word describes the meaning, though the meaning of negligence is an act carelessly done by a person resulting in likely damages to the others. Negligence is an offence under the law of tort, Indian Penal Code, Indian Contracts Act, Consumer Protection Act and so on. Medical negligence is basically the misconduct by the medical practitioner by not providing services and resulting in a breach of their duties towards their patients. Many deaths are caused or have resulted in some adverse effect on the patient’s health due to medical negligence.

Negligence is the violation of a legal duty to care. It means carelessness in which the law mandates carefulness. Breach of this such duty gives the patient the right to initiate action against this negligence.

The ingredients of negligence are as follows:
- The defendant has a duty of care to the plaintiff
- The defendant has violated this duty of care.
- And the plaintiff has suffered an injury due to his breach by the defendant.
in case of medical negligence usually, the doctor is the defendant. Negligence is a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law.

Negligence under the Law of TortA tort can be defined as a civil wrong, for which action can be initiated for unliquidated damages. In certain cases, there can be concurrent liability under tort and contract. For instance, if there is a contract existing between a patient and a doctor, then the doctor, for his negligence, will be liable under the contract.

Negligence under Civil LawNegligence is the breach of a duty to care. It means carelessness in which the law mandates carefulness. Breach of such duty gives the patient the right to initiate action against this negligence.

In India, Doctors may be held liable for their services individually or vicariously unless they come within the exceptions specified. Doctors aren't responsible for their services separately or vicariously if they don't charge fees. Therefore free treatment/diagnosis at a non-government hospital, health centre, governmental hospital, dispensary or nursing home would not be considered a “service” as defined in Section 2 (1) of the Consumer Protection Act, 1986.

Nevertheless, no human being is perfect, and even the most renowned specialist can make a mistake in detecting or diagnosing the disease. A doctor can be held responsible for negligence only if one can prove that the doctor is guilty of failure, that no other doctor with ordinary skills would be guilty of.

Doctors must use an ordinary degree of skill. However, they cannot give a warranty for their expertise or a guarantee of cure of the disease. If the doctor has chosen the right way of treatment, if she/ he is skilled and has worked with a method and manner best suited to the patient, she/ he cannot be blamed for negligence if the patient is not cured.

Before considering the certain liability conditions must be satisfied. The accused person must have omitted or committed; this act must be a breach of the person’s duty; and which must have caused harm to another person. The complainant must be able to prove the allegation levelled on the doctor by the best evidence in medical science and by demonstrating expert opinion.

Negligence under Criminal LawSection 304A of the Indian Penal Code, 1860 says that whoever causes the death of a person by a rash or negligence not amounting to culpable homicide will be punished with imprisonment for two years, or with a fine, or with both.

In Poonam Verma Vs Ashwin Patel the Supreme Court distinguished between negligence, rashness, and recklessness. A negligent person is one who inadvertently commits an act of omission and violates an affirmative duty. A person who is rash knows the consequences but foolishly thinks that they will not occur as a result of her/ his act. A reckless person knows the effects but does not care whether or not they result from her/ his action. Any conduct falling short of recklessness and deliberate wrongdoing should not be the subject of criminal liability.

Thus a doctor cannot be held criminally responsible for a patient’s death unless it is shown that she/ he was negligent or incompetent, with such disregard for the life and safety of his patient that it amounted to a crime against the State.

Sections 80 and 88 of the Indian Penal Code contain defence for doctors accused of criminal liability. Under Section 80 (accident in doing a lawful act) nothing is an offence that is done by accident or misfortune and without criminal motive or knowledge in the doing of a legal act in a lawful mode by lawful means and with proper care and caution. According to Section 88, a person cannot be accused of an offence if she/ he performs an act in good faith for the other’s benefit, does not intend to cause harm even if there is a risk, and the patient has explicitly or implicitly given consent.

The burden of proof and chances of error: The burden of proof in case of negligence, carelessness, or insufficiency lies with the complainant. The law requires the best evidence, to support the allegation against a doctor, the patient must be able to establish her/ his claim against the doctor in case of negligence, carelessness, or insufficiency.

Law In India Related To Citizenship And Immigration
Now a day’s India has been receiving large numbers of immigrants, mostly from the neighbouring countries and some from different parts of the world, and hence it needs to be seen as a major immigration hub. The purpose of immigration is obtaining citizenship or nationality in another country. The law relating to citizenship or nationality in India is mainly governed by the provisions of the Constitution of India. 

The Constitution provides for single citizenship:

The provisions regarding citizenship are contained in Articles 5 to 11 in part II

Articles 5 to 9 of the Constitution provides for the status of persons as Indian citizens since the Commencement of the Constitution of India. 

Article 10 lays provisions for their continuance as such citizens, subject to the stipulations of any law which may be passed by the parliament. 

Article 11 of the Constitution provides power to the parliament to make any provisions regarding the acquisition, termination and other matters pertaining to citizenship. 

Article 5 states that at the commencement of this constitution, every person who has his domicile in the territory of India, along with the following:
- Who was born in the territory of India; or
- Either of whose parents were born in the territory of India; or
- Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

Article 6 of the Constitution provides for the rights of citizenship of certain persons who have migrated to India from Pakistan. 

Article 7 of the Constitution has made provisions for citizenship of certain migrants to Pakistan, and Article 8 provides for the rights of citizenship of certain persons of Indian origin residing outside India.

When any person enters a new country to establish permanent residence and ultimately getting citizenship, it is called Immigration. Immigration Law constitutes a very complicated set of rules, regulations, and exceptions, the residence of immigrants is subject to the conditions set by the Immigration Law. Every nation has specific laws to govern Immigration within it.

There are total 86 Immigration Check Posts all over India, catering to international traffic. Out of these, 37 ICPs are functioning under the Bureau of Immigration, while the concerned State Governments are managing the remaining.

The law which exclusively governs Immigration in a nation is called the Immigration Law. For instance, a Government may in its discretion determine who it may allow in, and for how long, and who it may deport, the subject of course to internationally accepted basic human rights and principles.

As far as foreign citizens are concerned, Immigration Law is related to the Nationality Law of a national governing the matters relating to citizenship. International Law regulates Immigration Law concerning the citizens of a country. Hence, Immigration law refers to national government policies which control the phenomenon of immigration to their country.

What is the embarkation form? 

A departure card or embarkation form, also known as an outgoing passenger card, is a Legal Document used by immigration officials to provide passenger identification and record of a person’s departure from certain countries. It also serves as a piece of information about health and character requirements for non-citizens entering a particular country.

The departure card includes details like full name, nationality, passport number, flight number or name of aircraft, ship or vehicle, the purpose of the trip, duration of stay, destination (next stop of disembarkation), and the address in the country.

Various Acts Governing Immigration Into India:
- The Citizenship Act, 1955 
- The Registration of Foreigners Act, 1939 
- The Immigration (Carriers Liability) Act, 2000
- The Passport (Entry into India) Act, 1920
- The Passports Act, 1967
- The Emigration Act, 1983
- Foreign Contribution Regulation Act, 1976
- The Foreigners Act, 1946
- Foreigners Law (Application and Amendment) Act, 1962.

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Starting from 300

Anticipatry Bail

Starting from 12000

Cheque Bounce Notice

Starting from 2500

Drafting & Filing Mutual Divorce

Starting from 15000

Marriage Registration

Starting from 5000

Trademark Registration

Starting from 6500