Legal Firm

[lawzgridlegalfirm]

Know the Role of Ombudsman

Ombudsman is treated as a person who is appointed for the specific purpose of looking into complaints against maladministration

Generally speaking, an ombudsman is treated as a person who is appointed for the specific purpose of looking into complaints against maladministration. He is even regarded as a grievance officer who looks into the measure of the quality of state services. But technically speaking ombudsman is not a single person it is an institution comprising of numerous people who are appointed to investigate complaints of different types mostly related to maladministration in the public sector. Legal experts are of the opinion that the institution of the ombudsman acts as a referee as it looks into both sides of the complaint and thereafter delivers an independent and bias-free solution. 

#ombudsman #ombudsman #complaints #complaint #law #litigation

[lawzgridlegalfirm]

A Legal Reflection of Dowry Death and The Laws in India

Dowry death shall be punished with an imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life

A LEGAL REFLECTION OF DOWRY DEATH AND THE LAWS IN INDIA

The term dowry death has been defined under section 304B of the Indian Penal Code. The definition laid down by the Code provides that “where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death”. Not only does the Code define the term dowry death but also lays the punishment for the same and provides that “whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life”.

For more follow the link

#societyandculture #humanrights #punishment #dowrydeath #dowry #dowrysystem #dowryfreeindia #dowryissue #dowry

[lawzgridlegalfirm]

Tips for Writing an E-Mail to Hr for Full and Final Settlement

Full and final settlement of dues is done with the last salary but many times the settlement of dues is pushed a few months as per the policy company

TIPS FOR WRITING AN E-MAIL TO HR FOR FULL AND FINAL SETTLEMENT

The process of clearing the pending dues of an employee is referred to as the full and final settlement of dues. Usually, the full and final settlement of dues is done with the payment of the last salary but many times the settlement of dues is pushed a few months as per the policy of the company a person was working with.

For more click the link.

#fullandfinalsettlement #settlement #payroll #hr #writing #lawzgrid #settlementcheck

[lawzgridlegalfirm]

Tips for Calling in a Lawyer When You Really Need One

Tips for Calling in a Lawyer When You Really Need One

TIPS FOR CALLING IN A LAWYER WHEN YOU REALLY NEED ONE

[lawzgridlegalfirm]

A Better Understanding of Wrongful Restraint and Punishment for Wrongful Restraint

Wrongful restraint a person is not only a violation of his right to move but it is also an offence under the Indian Penal Code under section 339

A BETTER UNDERSTANDING OF WRONGFUL RESTRAINT AND PUNISHMENT FOR WRONGFUL RESTRAINT

Wrongfully restraining a person is not only a violation of his right to move but it is also an offence under the Indian Penal Code. The Indian penal Code under section 339 defines wrongful restraint as “whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. (Exception) The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z”.

For more follow the link.

[lawzgridlegalfirm]

Know the Consequences of Voluntarily Causing A Miscarriage Under the Criminal Law

Miscarriage may be defined as the premature expulsion of the child or fetus from the mother’s womb before the completion of the normal gestation period

KNOW THE CONSEQUENCES OF VOLUNTARILY CAUSING A MISCARRIAGE UNDER THE CRIMINAL LAW

The term miscarriage may be defined as the premature expulsion of the child or foetus from the mother’s womb before the completion of the normal gestation period. Section 312 of the Indian Penal Code lays down that if any person voluntarily causes a woman with a child to miscarry and such miscarriage is not caused in good faith to save the victims life then such a person shall be punished with an imprisonment of either description for a term which may extend to three years or with fine or with both. An important aspect of this section is that the miscarriage is caused with the consent but such consent is not obtained truthfully and the intention behind obtaining such consent is not to save the life of the pregnant woman. Thus two conditions need to be satisfied in order to attract the penalty under this section;

1. Voluntarily causing a woman with child to miscarry

2. Such miscarriage has not been caused in good faith for saving the life of the pregnant

[lawzgridlegalfirm]

KNOW THE DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE OFFENCE

Cognizable offences are regarded as more serious and heinous offences as compared to non-cognizable offences

KNOW THE DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE OFFENCE 

 The present legal structure is diverse as it not only classifies the laws in force but also classifies offences into two types namely; 

1. Cognizable and 

 2. Non-cognizable 

Generally speaking, cognizable offences are regarded as more serious and heinous offences as compared to non-cognizable offences. However, the Code of Criminal Procedure has elaborately marked out the difference between cognizable and non-cognizable offences. Section 2(c) of the Code of Criminal Procedure defines the cognizable offence as an offence for which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. While as section 2(l) defines the non-cognizable offence as an offence for which a police officer has no authority to arrest without warrant. 

For more follow the link.

[lawzgridlegalfirm]

Know How a Muslim Wife Can Claim Maintenance

section 125 of the Code of Criminal Procedure talks about the persons entitled to maintenance is applicable to Muslims as well even after iddat

KNOW HOW A MUSLIM WIFE CAN CLAIM MAINTENANCE

The Act accords relief to the divorced Muslim wife as it provides that section 125 of the Code of Criminal Procedure which talks about the persons entitled to maintenance is applicable to Muslims as well and also provides that a Muslim wife is entitled to maintenance even after iddat. This Act entitles Muslim divorced women too;

1. Reasonable and fair provisions

2. Maintenance

3. Maintenance to her children

4. Mahar

5. All properties were given to her before, at the time of, and after her marriage.

For more refer the link.

[lawzgridlegalfirm]

An Overview of NRC

NRC stands for National Register of Citizen which is an official record of the Indian citizens

AN OVERVIEW OF NRC 

 NRC stands for National Register of Citizen which is an official record of the Indian citizens. This register not only includes information about the citizens of India but also enlists the demographic information about all those individuals who qualify as citizens of India as per the Citizenship Act.

[lawzgridlegalfirm]

Procedure for Court Marriage in India

Unlike traditional marriage a court marriage is solemnised in the court itself before the marriage registrar

LEGAL PATHWAY OF COURT MARRIAGE IN INDIA

Unlike traditional marriage, court marriage is solemnised in the court itself before the marriage registrar. The Special Marriage Act lays down a procedure to be followed for solemnising a court marriage. Under the said Act any two persons belonging to any community, religion, nationality or domicile in India or even abroad may opt to marry under the provisions of this Act.

The procedure prescribed by the Act for court marriage may be summarised as follows; • The parties to the marriage are required to give notice of the intended marriage to the Marriage Registrar of the district where the parties last resided. • On giving of the notice any person can file an objection against the marriage within 30 days of the publishing of the notice. • After giving of the notice the marriage is solemnised in presence of at least three witnesses in the language understood by the parties to the marriage. • Thereafter the marriage is registered under the Act for any future legal controversies.

For more follow the link.

#courtmarriage #courtmarriageanniversary #courtmarriagerules #courtmarriageindelhi #courtmarriagerules #courtmarriageprocess #courtmarriageprocedure #lawzgrid #registeredmarriage

[lawzgridlegalfirm]

Know Your Employee Rights

In order to protect the employee’s from being exploited by the employer the laws in India have been drafted in such a manner that the employee rights are given priority.

An employee generally speaking is a person who works for someone and gets paid for the work he does. In order to protect the employee’s from being exploited by the employer, the laws in India have been drafted in such a manner that the employee rights are given priority. The top corporate lawyers in India while discussing employee rights lay great stress on the following employee rights: 1. Right to leave: Generally, the leaves available to an employee are: a. Casual leave b. Sick leave c. Privilege leave d. Paid leave 2. Protection from sexual harassment 3. Right to maternity benefits 4. Right to gratuity 5. Right to provident fund 6. Right to strike 7. Right to equal pay for equal work 8. Right to appropriate working hours 9. Right to timely and fair wages 10. Right to an employment agreement For more click on the link below:

#employeerights #employeerightslaw #employeesrights #lawzgrid #employmentlaw #employees #employment #paidleave #providentfund #sexualharassment #sickleave

[lawzgridlegalfirm]

Understanding the Concept of Death Penalty in India

concept of ordering death sentence only in rarest of rare case was evolved by Indian judiciary through multiple cases

While as criminal law governs the crimes committed against the State at large and redresses the wrong by inflicting punishments like fine, imprisonment and at times even death sentence. The Indian Penal Code and the Code of Criminal Procedure are the two major laws which fall within the category of the criminal law in India. The Indian Penal Code is the substantive law which lays down various offences and prescribes their punishments. On the other hand Code of Criminal Procedure is the procedural law which lays down the procedure to be followed in imposing the punishments laid down in the Indian Penal Code. Generally speaking, three types of punishments have been prescribed by the Indian Penal Code for a various offence which includes; 

1. Fine 

2. Imprisonment 

3. Death sentence

[lawzgridlegalfirm]

Understanding Bigamy as A Criminal Offence

Bigamy is not only a ground for filing of a divorce but it has also been made an offence by the Criminal Law in India

Bigamy is an offence relating to marriage which has been made punishable by the Indian Penal Code. The top divorce lawyers in India lay great stress on the fact that bigamy is an offence which has been made punishable by the Code for all Hindus, Christians and Paris irrespective of the gender but it is an offence only for Muslim females and not an offence for Muslim males. The Indian Penal Code under section 494 makes bigamy an offence punishable with an imprisonment of up to 7 years with fine. Thus bigamy is not only a ground for the filing of a divorce but it has also been made an offence by the Criminal Law in India. To know more follow the link...

#bigamy #divorce #divorcelawyers #lawzgrid

[lawzgridlegalfirm]

Know the Criminal Liability for Counterfeiting Indian Currency

Owing to the sensitive nature of currency and coins the Indian Penal Code has made counterfeiting of Indian coins a punishable offence

KNOW THE CRIMINAL LIABILITY FOR COUNTERFEITING INDIAN CURRENCY: 

 The currency of every nation has its own value and plays a vital role in the development of the nation at both the national and international level. Owing to the sensitive nature of currency and coins the Indian Penal Code has made counterfeiting of Indian coins a punishable offence.

[lawzgridlegalfirm]

Know the Legal Consequences of Cruelty by Husband or Relatives of Husband

Cruelty by husband and the relative of the husband under Section 498A makes it a punishable offence

Know the Legal Consequences of Cruelty by Husband or Relatives of Husband

Besides the various legislations enacted by the Parliament from time to time, the Indian Penal Code makes cruelty by husband and relatives of husband a punishable offence. This provision was inserted in the Code by means of an amendment and was not originally present in the Code. Section 498A makes cruelty by husband and the relative of the husband a punishable offence. It lays down that if a husband or the relatives of the husband of a woman subject her to cruelty then such a husband or the relatives of the husband shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

[lawzgridlegalfirm]

the enactment of this legislation many questions were raised as to why offenders should be released on probation

KNOW HOW AN OFFENDER MAY BE RELEASED ON PROBATION 

In India, the Probation of Offenders Act, 1958 lays down the grounds and procedure for the release of the offenders on probation. Top criminal lawyers in Noida have utilized the provisions of this Act and released their clients on probation of good conduct with the order of the court. Prior to the enactment of this legislation, many questions were raised as to why offenders should be released on probation of good conduct instead of sentencing them to imprisonment.

[lawzgridlegalfirm]

AN OVERVIEW OF DIFFERENT MODES OF TALAK UNDER MUSLIM LAW

Under Muslim law, the provision for pronouncing talak has been laid down but at the same time, it is an uninhibited aspect of the Muslim Law

India is known for its religious and cultural diversity throughout the world. The spice of religious diversity is also witnessed in the laws prevalent in India. Marriages in India are governed by the personal religious laws of each religious community. Among Muslims, the institution of marriage is governed by the Muslim personal law based on the Quran and Sharia. Under the Muslim law, marriage is also known as Nikkah and is defined as a civil contract and not a pure sacrament. On the other hand, Hindus marriage is regarded as a sacrament and till a very long time was also regarded as an indissoluble union. However, the same is not true for marriage among Muslims as the law defines Nikkah as a contract which has the object of procreation and legalization of children. Since it’s well settled that marriage is a dissoluble union the law not only lays down the essentials of a marriage but also lays down the procedure for the dissolution of a marriage.

Under Muslim law, the provision for pronouncing divorce has been laid down but at the same time, it is an uninhibited aspect of the Muslim Law. A unique feature of divorce under Muslim law is that usually no judicial or non-judicial authority is needed to effect dissolution of marriage. It was only in the year 1939 the concept of judicial divorce was introduced in the Muslim law after the enactment of the Dissolution of Muslim Marriage Act.