Money Recovery Suit Lawyers in Delhi.

Money Suit or Suit for Damages in India

The expression ‘damages’ is neither vague nor over- wide. Its precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrong doing of another, (b) reparation awarded to the injured through legal remedies and (c) its quantum being determined by the dual components of pecuniary compensation for the loss suffered and often not always a punitive addition as a deterrent-cum-denunciation by the law. [74 B-D]

‘Damages’ as imposed by s. 14B, includes a punitive sum quantified according to the circumstances of the case. In ‘exemplary damages’ this aggravating element is prominent. Constitutionally speaking such a penal levy included in damages is perfectly within the area of implied powers and the legislature may, while enforcing collections, legitimately and reasonably provide for recovery of additional sums in the shape of penalty so as to see that avoidance is obviated. Such a penal levy can take the form of damages

Section 73 of the Contract Act is lays down the provision relating to damages. It provides that the party, who breaches a contract, is liable to compensate the injured party for any loss or damage caused, due to the breach of contract. For compensation to be payable, Two things should be taken into consideration (i) The loss or damage should have arisen as a natural consequence of the breach, or (ii)It should have been something the parties could have reasonably expected to arise from a breach of the contract. In the former case, an objective test would be applied where as in the latter case a subjective test would be applied. Under this section, the burden of proof lies on the injured party. This section, however, provides that compensation shall not be awarded for any remote or indirect loss sustained by the parties. Section 73 also provides that the same principles will apply for breach of a quasi-contractual obligation, i.e. in the event that an obligation resembling that created by contract has not been discharged, the injured party is entitled to receive compensation as if a contractual obligation has been breached.

Damages under Section 73 of the Act are compensatory and not penal in nature. The explanation to this section further provides that in estimating the loss or damage arising from a breach of contract, the existing cost of remedying the inconvenience caused may be taken into account.

There are two principles regarding compensation that flow from this section. Firstly where money can substitute the loss incurred, the aggrieved party is to be put in the same situation, as it would have been in had the contract been performed. This is qualified by the second principle, which imposes a duty upon the defaulting party to take reasonable steps to mitigate the consequences which arise as a result of the breach.

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Will and Probate Lawyers in Delhi India.

The word “will” is widely known and used and it has a well understood significance as meaning a disposition which is to take effect on the death of a person. “Will” has been defined in Section 2(h) of the Succession Act to mean the legal declaration of the intention of a testator with respect of his property which he desires to be carried into effect after his death.

A will, therefore, is dependant upon the testators death for is vigour and effect. The principal test to be applied is, whether the disposition takes effect during the lifetime of the executants of the deed, or, whether it takes effect after his demise. There is no objection to one part of an instrument operating in praesenti as a deed and another in furturo as a will.

A will or any part of will, the making of which has been costs by fraud or coercion, or by such importantly as taken away from agency the testator is void.

A probate has been defined under the Indian Succession Act, 1925 as under:

‘Probate’ means the copy of a Will, certified under the seal of a court of competent jurisdiction, with a grant of administration to the estate of the testator.

The person who makes a Will, expresses his wishes to be executed after his death by certain persons who are generally named in the Will. The persons so named to execute the Will, are called its executors. A probate is a method through which a Will is certified, under the seal of a court. A probate establishes and authenticates the Will finally. A probate is a conclusive proof of the fact that the Will was executed validly and is genuine and the last Will of the deceased.

Is Probate is Necessary ?

There is gross unawareness among the public at large, about the circumstances under which a Will is mandatory. Under the Indian Succession Act, 1925, a probate is mandatory when a Will is made in a place which was under the rule of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay. The provisions refer to the places as were known at the time of enactment of the Indian Succession Act, 1925. These can be understood to mean the state of West Bengal and municipal limits of metro cities of Chennai and Mumbai, respectively, in present days. The above rule of mandatory probate is applicable, in case the Will is made by a Hindu, Jain, Sikh or Buddhist. It may be interesting to note that a probate is mandatory if the Will is within the geographical limits of these places, even if the Will does not deal with any immovable property.

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Service Matter Lawyers in Delhi.

Indian Lawyers Services is a full Law firm based at capital city of India at New Delhi, we advising, drafting and contesting for service matters or employment law related cases and giving proficient legal services to both employers and employees on all form of employment and Labour law related Cases, guidance and advise in India.

We advising and contesting the Service Matters related to govt. servant/ PSU/Corporation etc.. likes:-ACRs, Ad Hoc Service, Administrative Authority, Appointment, Age Proof, Age Relaxation. ,Appointment & Joining,Bias,Casual Labrourer,Charge-Sheet,Child Care Leave, Compassionate Appointment ,Corruption Charges Under Prevention of Corruption Act, 1988,Denial of Reasonable Opportunity, Departmental Inquiry, Deputation- Inter Cadre Deputations, Disciplinary Authority, Disciplinary Proceedings, Gratuity Of Govt. Servant Indiscipline – Misbehavior Inquiry, Joining Of Service, Judicial Review: Of an administrative Order, Limitations Leave Rules, Major Penalty, Minor penalty, Misappropriation Natural Justice

we further advising for filing the matters before Central Administrative Tribunal [CAT], Service Matter Writ Petition at Delhi High Court & Supreme Court.

Pension,Promotion,Quashing Of Administrative Order: On the grounds of violation of the rule of natural justice, arbitrariness, discrimination & irrationality, absence of fair play, etc. Quasi-Judicial Authority, Recovery, Reinstatement, Res-Judicata ,Retirement: Compulsory Retirement.

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NARCOTIC DRUG CASES LAWYERS IN DELHI INDIA.

The Narcotic Drugs and Psychotropic Substances Act 1985.

The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament and it was assented by the President on 16 September 1985. It came into force on 14 November 1985 as THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (shortened to NDPS Act). Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.

The NDPS Act, 1985 and the Punishments imposed.

The NDPS Act, however does not hold back on its vigilance and punishments related to illegal trafficking and distribution of drugs through denial and criminalization of the production, cultivation, possession, sale, use, purchase, import, export and the consumption of narcotic drugs and psychotropic substances. However, the only time the Act provides any leniency is when the drugs are to be used for any medical purposes or for scientific research, which is duly approved by the requisite authorities beforehand.

The NDPS Act further appeared to conceive strict punishments for drug trafficking, to expand implementation powers and to implement international conventions which India is associated with and also to direct psychotropic substances and regulate their usage. This is a predominantly reformatory statute since it primarily furnishes the regulation of drugs. This statute also provides for capital punishment which can be granted as a form of punishment under the Act directly. The amendment of 2014 further held that the decision to grant capital punishment lies at the discretion of the court and it instead stipulates 30 years of detainment as a substitute for capital punishment.

With a specific end goal to supplement the NDPS Act, the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act came into existence in 1988. It contains provisions relating to the preventive detention of any and each person who is associated with or accused of drug trafficking.

Narcotic Drug Law Enforcement Agencies In India

Following are the primary drug enforcement agencies in India:

The Narcotics Control Division. The Central Bureau of Narcotics (CBN)The Narcotic Control Bureau (NCB )Other Agencies like the Directorate of Revenue Intelligence, Central Bureau of Investigation, Customs Commission, Border Security Force.

Legislative Policies In India In Drug Related Matters.

The legislative policies over drug related matters are broad and many and are thus covered within the following three Central Acts:

The Narcotic Drugs and Psychotropic Substances Act, 1985.Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.Drugs and Cosmetics Act, 1940.

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ENFORCEMENT OF FOREIGN JUDGMENTS IN INDIA.

India is party to bilateral treaties with the reciprocating countries notified under the Code of Civil Procedure 1908 (the Code) for the purpose of recognition and enforcement of foreign judgments – namely, the United Kingdom, Aden, Fiji, Singapore, the Federation of Malaya, Trinidad and Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua New Guinea and Bangladesh.

India follows the basic and customary principles of international law for entering into these treaties, including the principles of comity and res judicata

 Law regarding the enforcement of foreign judgments.

There are three primary sources of law in relation to enforcement of foreign judgments in India:

legislation enacted by Parliament (ie, the Code): section 44A of the Code illustrates a legal fiction whereby a judgment rendered by a superior court of a reciprocating territory (as notified by the central government in the Official Gazette) is enforced in India as if it were a decree passed by the Indian district courts. However, a judgment emanating from a non-reciprocating territory cannot be directly enforced in the same manner and a new suit must be filed for its enforcement in which such a judgment holds only evidentiary value. Furthermore, it may be noted that both the aforementioned categories of judgments are required to comply with the conditions elucidated in section 13 of the Code, which provides for a foreign judgment to be conclusive in nature. However, section 14 of the Code raises a presumption in favour of the competency of juris­diction of the foreign court rendering the concerning judgment;

bilateral treaties with the reciprocating countries with regard to recognition and enforcement of foreign judgments to which India is a party; and

judicial precedents: the landmark case of Moloji Nar Singh Rao v Shankar Saran reads that a foreign judgment not emanating from a superior court of a reciprocating territory cannot be executed in India without the filing of a new suit in which the said judgment has only evidentiary value.

Limitation period for enforcement of a foreign judgment.

As with the provisions of the Code, foreign judgments from reciprocating territories are executable in India as decrees passed by the Indian district courts. The Limitation Act, 1963 prescribes the time limit for execution of a decree and for filing of a suit in the case of a foreign judgment.

In accordance with the provisions of the statute of limitations, the following time period is prescribed for the execution of decrees:

three years in the case of a decree granting a mandatory injunction, commencing from the date of the decree or where a date is fixed for performance; or

12 years for execution of any other decree, commencing from the date when the decree becomes enforceable or where the decree directs any payment of money or the delivery of any property to be made at a certain date or in a recurring period, when default in making the payment or delivery in respect of which execution is sought takes place (provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation).

ANTI SUIT INJUCTION AGAINST FOREIGN PROCEEDINGS IN INDIA.

To put it simply, an order of anti-suit injunction is an order passed by a court to stop one of the parties to a litigation from pursuing its remedies in a foreign court. Illustratively, two entities, one based in USA and the other in India, have disputes. One entity pursues its remedies in a forum in USA, which is not natural or convenient and where the opposite party is not amenable to its jurisdiction. The other entity can essentially approach the local courts to state that all disputes should be adjudicated by one court alone, and can thus seek an injunction to restrain the opposite side from pursuing remedies in a foreign jurisdiction.

Principle to grant Anti suit Injunction in India, The Hon;ble Supreme Court held in the matter of Modi Entertainment Network & Anr vs W.S.G.Cricket Pte. Ltd :-

From the above discussion the following principles emerge :

(1) In exercising discretion to grant an anti-suit injunction the court must be satisfied of the following aspects : –

(a) the defendant, against whom injunction is sought, is amenable to the personal jurisdiction of the court;

(b) if the injunction is declined the ends of justice will be defeated and injustice will be perpetuated; and

(c) the principle of comity – respect for the court in which the commencement or continuance of action/proceeding is sought to be restrained – must be borne in mind;

(2) in a case where more forums than one are available, the Court in exercise of its discretion to grant anti-suit injunction will examine as to which is the appropriate forum (forum conveniens) having regard to the convenience of the parties and may grant anti-suit injunction in regard to proceedings which are oppressive or vexatious or in a forum non-conveniens;

(3) Where jurisdiction of a court is invoked on the basis of jurisdiction clause in a contract, the recitals therein in regard to exclusive or non-exclusive jurisdiction of the court of choice of the parties are not determinative but are relevant factors and when a question arises as to the nature of jurisdiction agreed to between the parties the court has to decide the same on a true interpretation of the contract on the facts and in the circumstances of each case;

(4) a court of natural jurisdiction will not normally grant anti-suit injunction against a defendant before it where parties have agreed to submit to the exclusive jurisdiction of a court including a foreign court, a forum of their choice in regard to the commencement or continuance of proceedings in the court of choice, save in an exceptional case for good and sufficient reasons, with a view to prevent injustice in circumstances such as which permit a contracting party to be relieved of the burden of the contract; or since the date of the contract the circumstances or subsequent events have made it impossible for the party seeking injunction to prosecute the case in the court of choice because the essence of the jurisdiction of the court does not exist or because of a vis major or force majeure and the like;

(5) where parties have agreed, under a non- exclusive jurisdiction clause, to approach a neutral foreign forum and be governed by the law applicable to it for the resolution of their disputes arising under the contract, ordinarily no anti- suit injunction will be granted in regard to proceedings in such a forum conveniens and favoured forum as it shall be presumed that the parties have thought over their convenience and all other relevant factors before submitting to non-exclusive jurisdiction of the court of their choice which cannot be treated just an alternative forum

; (6) a party to the contract containing jurisdiction clause cannot normally be prevented from approaching the court of choice of the parties as it would amount to aiding breach of the contract; yet when one of the parties to the jurisdiction clause approaches the court of choice in which exclusive or non- exclusive jurisdiction is created, the proceedings in that court cannot per se be treated as vexatious or oppressive nor can the court be said to be forum non-conveniens; and

 (7) the burden of establishing that the forum of choice is a forum non-conveniens or the proceedings therein are oppressive or vexatious would be on the party so contending to aver and prove the same.

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Real Estate Law in India- Real State Law Firm and Lawyers in Delhi India.

Real Estate Laws in India are governed by both State-specific laws and Federal laws. This is because, according to the Constitution of India, ‘Land’ falls under the State List while ‘Transfer of property and registration of deeds and documents’ falls under the Concurrent List. Due to this, the process of buying and registering a property can seem complicated. First, let us understand the basics of real estate law in India.

The purchase of property in India falls under RERA.

Registration of Real Estate Projects

The Act under Section 3 mandates prior registration of real estate project with the Real Estate Regulation Authority (RERA). The said bars the builders and promoters from advertising or marketing or inviting any one for purchase of any plot, apartment or building in any real estate project without registration with the RERA.

In which cases Real Estate Projects can be exempted from Registration?

The Act under Section 3(2) states that no registration of real estate project would be required:

Where the project admeasures 500 or less than 500 sq m.

The number of apartments inclusive of all phases proposed to be developed is less than 8 Where promoter has received completion certificate for real estate project prior to commencement of the Act For the purposes of repair or renovation which does not require marketing or any new allotment under the project

The Real Estate (Regulation and Development) Act, 2016, and the body under it, the Real Estate Regulatory Authority or RERA governs the development, marketing, and sale of real estate projects. It was established with the aim to protect the interests of the consumers in the real estate sector.

The Indian Stamp Act, 1899 governs the payment of stamp duty relating to land. It forms a major component of costs involved in property registration and is to be paid to the state governments by the buyer. Since it is collected by the state government, the rates vary from state to state. In most states, stamp duty is paid in terms of a percentage of the total transaction value.

Transfer: In matters of transfer, provisions of the Transfer of Property Act, 1882, apply. According to the Act, “property of any kind may be transferred” by a person “competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own”. This could be done via sale, gift and relinquishment. However, the law states that you can never make a contract to gift a property which you are hoping to own in future.

Real Estate Disputes

In the even if a dispute, homebuyers can now go to special real estate courts that are set up in every state. This is dose to speed up the redressal process and has proven to be successful over the last few years.

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EMPLOYMENT DISCRIMINATION LAW IN INDIA.

Articles 232 and 243 of the Universal Declaration of Human Rights has specified and clarified The Right to Work as an imperative Human Right. Everybody has the privilege to work and can opt for working in a secure environment.

NON-DISCRIMINATION

The Constitution of India guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex, birthplace, residence or any of them.

The Constitution guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen can, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

The Equal Remuneration Act also forbids discrimination in hiring, pay and conditions of employment between male and female workers engaged in the same or similar work, except where dissimilar treatment is mandated or permitted under the law.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019.

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976.

EQUAL CHOICE OF PROFESSION

In accordance with the Constitution, every citizen has the right to practice any profession, or to carry on any occupation, trade or business subject to reasonable restrictions imposed under the law. 

Women in India cannot work in the same industries as men. According to the Factories Act 1948, women can’t be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. The Act further states that the daily work hour exemption cannot be granted for women workers and night work is also prohibited to them. Moreover the Act  prohibits employment of women in “dangerous” occupations

Equal Remuneration Act, 1976

Equal Remuneration Act, 1976  obliges businesses to pay equal to compensation to laborers for same work or similar work with no discrimination on the premise of gender. The Act requires each business not to pay to any labourer, the compensation at rates less great than those at which fee is paid by him to the labourers  of the opposite sex for playing out a similar work or work. Law additionally commits managers not to decrease the rate of compensation of any laborer with the motive of conforming to the arrangement of equivalent pay for same work or similar work.

This law aims to prevent gender discrimination of wages, hiring, promotion, or training and can be circumvented through wage reclassification of skilled and unskilled workers. Often, regardless of the type or skill-level of a job, women are placed in the unskilled, lower-paid wage category, while men are placed in the skilled, higher-wage category. The Act Includes Equal pay to men and women workers for same or similar work.

EMPLOYMENT LAW IN INDIA.

The Constitution of India (the “Constitution”) is the cornerstone of individual rights and liberties, and also provides the basic framework within which all laws in India, including laws relating to labour and employment, must operate. The Constitution guarantees certain fundamental rights to individuals such as the right to life, privacy, equality before the law and prohibition of discrimination in public education and employment on the basis of religion, sect, gender and caste. The Constitution recognizes ‘right to livelihood’ as an integral part of the fundamental right to life.

Labour Law Reforms

Various legislative, administrative and e-governance initiatives have been taken by the Central Government and State Governments to generate employment and to facilitate ease of doing business. The various initiatives taken by the Central Government and State Governments have been compiled and are as follows:

Initiatives of Central Government

Initiatives of EPFO

Initiatives of State Government

MATRIX OF INITIATIVES OF VARIOUS STATES.

The Matrix summaries the legislative and governance initiative taken by various State Government. Rows indicate the name of the State and the columns indicates the title of legislative / governance initiative and status of this initiative. Click here

The Code on Wages

The Occupational Safety, Health and Working Conditions Code

The Code on Social Security

The Industrial Relations Code

Shram Suvidha Portal

List of major labour laws in India:

Minimum Wages Act, 1948, Factories Act, 1948, Maternity Benefits Act, 1961, Payment of Bonus Act, 1965 are some important labour laws in India. These laws have many provisions to safe the interests of workers of organised and unorganized sectors in India. Labour comes under the concurrent list of the Indian Constitution.

List of major Labor law Acts in India

1. Worker’s Compensation Act, 1923

2. The Trade Unions Act, 1926

3. Payment of Wages Act, 1936

4. Industrial Employment (Standing Orders) Act, 1946

5. Indian Industrial Disputes Act, 1947

6. Minimum Wages Act, 1948

7. Factories Act, 1948

8. Maternity Benefits Act, 1961

9. Payment of Bonus Act, 1965′

10. MRTU and PULP Act, 1971

11. The Payments of Gratuity Act, 1972

12. Labour Law Compliance Rules

13. Employees Provident Fund

14. Employees’ State Insurance Act 1948.

15. Collective Bargaining

16. Unorganised Workers’ Social Security Act, 2009

17. Sexual Harassment of Women at Workplace Act, 2013

Now let us have a glimpse of the provisions of some important labour laws in India.

1. The Trade Unions Act, 1926:–

Trade unions are a very strong medium to safe the rights of the employees. These unions have the power to compel higher management to accept their reasonable demands.

Article 19(1)(c) of the Indian Constitution gives everyone the right “to form associations or unions”. The Trade Unions Act 1926, amended in 2001 and contains rules on governance and general rights of trade unions.

2. The Payment of Wages Act 1936:-

This act ensures that workers must get wages/salaries on time and without any unauthorised deductions. Section 6 of the Wages Act 1936 says that workers must be paid in money rather than in kind. fair-pay-india

3. Industrial Disputes Act 1947:-

This act has the provisions regarding the fair dismissal of permanent employees.

As per this law, a worker who has been employed for more than a year can only be dismissed if permission is sought from and granted by the appropriate government office/concerned authority.

A worker must be given valid reasons before dismissal. An employee of permanent job nature can only be terminated for proven misconduct or for habitual absence from the office.

4. Minimum Wages Act, 1948

This act ensures minimum wage/salary to workers of different economic sectors. State and Central governments have the power to decide wages according to the kind of work and location.

This wage may range between as much as Rs 143 to 1120/ day. This minimum wage can be different in states to states.

The average per day wage rate for unskilled work under the MGNREGA is set to rise by 11% from Rs. 182 to Rs. 202 for 2020-21.

A MGNREGA worker gets Rs 258/day in Dadra and Nagar Haveli while Rs 238 in Maharashtra and Rs 204 in West Bengal.

5. Maternity Benefits Act, 1961:-

This Act entitles maternity leave for pregnant women employees i.e. full payment despite absence from work. As per this act, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. All the organised and un-organised offices that have more than 10 employees shall implement this act.

maternity-leave-india-duration

So this law protects the job of the female workers during pregnancy and post-delivery. This act has been amended in 2017.

6. Sexual Harassment of Women employees at Workplace Act, 2013:-

This act prohibits any kind of sexual Harassment of the women workers at the workplace. This Act came into force from 9 December 2013.

sexual-harassment-act

What comes under sexual Harassment:-

a) Showing pornography

b) A demand or request for sexual favours

c) Sexually coloured remarks

d) Physical contact and advances

e) Any other unwelcome physical verbal or non-verbal behaviour of sexual nature.

f) lewd comment

This act must be implemented by all public or private and organised or unorganised sectors that have more than 10 employees. This act covers all women, irrespective of her age or employment status. Most Indian employers did not implement this law.

So these were some important labour laws in India which are made to protect the employment and ensure good working conditions, fixed working hours, fair payment, bonus and maternity leaves etc. This article is very important for various competitive exams like UPSC/PSC/SSC etc.

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DIVORCE LAW IN INDIA-DIVORCE LAWYERS IN DELHI.

RIGHTS OF AFTER MARRIAGE

Generally, parties to a marriage have the following rights:

Cohabitation and Conjugal rights which includes intercourse and companionship. If this right is not willingly granted a petition for restitution of conjugal rights may be filed. The court may declare in favour of the petitioner, but cannot force the respondent to cohabit with the petitioner. Non-compliance with the decree for one year shall form a ground for seeking divorce.

Financial security the spouse who is gainfully employed or receives an income, is required to maintain the spouse who is not so.

Matrimonial home which grants the wife the right to reside in her husband’s residence, and under Hindu law, also to be maintained by him, or his father.

Succession, according to which, a person can succeed to the property of the spouse under personal law, or under the Indian succession act.

Fidelity

Courtesy and decency including the right not to be harassed mentally or be subject to physical cruelty Legitimacy of issue Though the above may be enumerated as rights they have to be deduced from the reciprocal duty on the parties, the failure to fulfil which could be grounds for seeking divorce.

 DISSOLUTION OF MARRIAGE The same laws according to which the marriage was solemnized govern dissolution of marriages, and the rights consequent to the dissolution.

The Indian Divorce, Act

Special Marriage Act,

the Parsi Marriage and Divorce Act

The Hindu Marriage Act,

The Hindu Marriage provide for annulment of the marriage, since its very inception, on grounds such as the non-fulfillment of mandatory conditions.. The Indian Divorce act requires confirmation by the High Court to come into effect. The acts also prescribe that marriages may be annulled by decree if a party willfully refuses to consummate the marriage, or if the wife was pregnant by a person other than the husband at the time of marriage, or if the consent of the parties was procured by coercion or fraud. I have received queries whether this would cover situations of ‘pressure’ and ‘emotional blackmail’ from parents. It would depend on the circumstances. But I doubt the court would accept such a ground if the party was an educated, employed adult and who was otherwise socially independent. Social and religious circumstances surrounding marriage in India do give rise to situations such as these where persons consider themselves bound by parental approval or decisions. Marriages may also be dissolved if the spouse has not been heard of as living for a continuous period of 7 years. The spouse applying for dissolution would have to prove that he or she took adequate steps to seek out the other spouse. All Indian personal laws have provided for grounds for divorce. Some common grounds of divorce are

 GROUND ON WHICH MARRIAGE CAN BE DISSOLVED

1.Adultery

2. Cruelty

3. Desertion and failure to maintain

4. Conversion to another religion

 5. Incurable mental disorder

6. Incurable mental disorder which may result in abnormally aggressive or irresponsible behavior

 7.Virulent and incurable leprosy, or communicable venereal disease not contracted from the party filing the application

8. Renunciation of worldly life

The parties may decide to seek divorce by mutual consent, having decided that they do not want to live together. In such a petition, they need not disclose their reasons for making such a decision. Muslim personal law also grants several options for the husband to seek divorce without approaching the court. The wife would be entitled to maintenance and dower and also to appeal the divorce in court.

JURISDICTION FOR FILLING OF PETITION FOR DIVORCE :  An application for divorce may be filed in a court having jurisdiction. Such a court must be: a. a court capable of entertaining matrimonial cases b. a court that has territorial jurisdiction over the place of marriage, the place where the couple last resided together, and the place where the respondent spouse currently resides. If the respondent resides abroad, then the petition can also be filed in India the place of residence of the petitioner. c. For the decree to be valid, the court must apply the law under which the marriage was solemnised. An appeal against the decree has to be filed in the court having supervisory powers over the first court.

Annulment Of Marriage under Hindu Marriage Act.

In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Grounds For Annulment.

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse’s reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the “prohibited degree of consanguinity”, or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

Divorce on Mutual Consent.

Mutual Consent – Both the spouses are in agreement that divorce cannot be avoided and they both opt for a “no fault” Divorce.

Section 28. Divorce by mutual consent Under Special Marriage Act.

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the avertments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree

Section 13-B of Hindu Marriage Act,1955,

Divorce by mutual Consent.

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Contract or Agreement Drafting and Disputes Legal Services in India.

Indian Contract Act really codifies the way we enter into a contract, execute a contract, implement provisions of a contract and effects of breach of a contract. Basically, a person is free to contract on any terms he chooses. The Contract Act consists of limiting factors subject to which contract may be entered into, executed and breach enforced. It only provides a framework of rules and regulations which govern formation and performance of contract. The rights and duties of parties and terms of agreement are decided by the contracting parties themselves. The court of law acts to enforce agreement, in case of non-performance.

Section 1 of Contract Act provides that any usage or custom or trade or any incident of contract is not affected as long as it is not inconsistent with provisions of the Act. In other words, provision of Contract Act will prevail over any usage or custom or trade. However, any usage, custom or trade will be valid as long as it is not inconsistent with provisions of Contract Act. The Act extends to the whole of India except the State of Jammu and Kashmir; and came into effect on 1-9-1872.

It must be noted that contract need not be in writing, unless there is specific provision in law that the contract should be in writing. [e.g. * contract for sale of immovable property must be in writing, stamped and registered. * Contracts which need registration should be in writing * Bill of Exchange or Promissory Note must be in writing. * Trust should be created in writing * Promise to pay a time barred loan should be in writing, as per Limitation Act * Contract made without consideration on account of natural love and affection should be in writing ]. A verbal contract is equally enforceable, if it can be proved.. A contract can be enforced or compensation/damages for breach of contract can be obtained through Civil Court.

We are engaged in undertaking Drafting & Vetting of Contract for our clients. Due to the support of our legal experts, we are able to draft different kinds of agreements. As we are conscious about safeguarding the interest of our clients, while drafting the agreements therefore we have appointed experienced lawyers.

Our expertise lies in drafting following agreements:

Non-Disclosure Agreements

Vendor Contracts

Supply Agreements

Software License Agreements

Telecom Services Agreements

Internet, Advertising and Media Agreements

Office Lease

Non disclosure agreement is a contract between two parties, which focuses on confidential material, knowledge or information that the parties wish to share with each other for certain purposes, but wish to restrict access to the third parties. In this contract, the parties mutually agree not to disclose information present in the agreement. The agreement forms a confidential relationship between the parties and ensures complete protection of any type of confidential and proprietary information or trade secrets. Apart from this, NDA protects non-public business information. NDAs are usually implemented when two interested parties plan to do business and required to understand the process used in each other businesses for the purpose of reviewing the potential business relationship.

Contract and Agreement Litigation:

We handling Legal Affairs, Litigation Matters, Legal Documentation and Liaison Work. Deftness in resolving cases under both Civil & Criminal Laws of India. Astute in drafting Agreements, Contract, Legal Notices etc also. Proficient in drafting Agreements, Contract, Legal Notices, Show Cause Notices, Written Statements, Appeals, Case Papers, Affidavits, etc.

Legal Research & Drafting Services

Legal research & drafting is imperative for any law firm or organization; but it is time consuming, burdensome and expensive. As we all may agree to the fact that, a small negligence on analysis can cause major damage to the firm and its client. Legal In house has a dynamic team of attorneys and paralegals with rich backgrounds and share their rich experience in carrying effective legal research for our clients. Exposure on handling various complicated legal issues and regular supplementary training on ever-changing law has enriched and developed our attorneys’ skills and attention to details. Legal In house ’s holistic legal research approach provides authorities and citations which are accurate and relieves clients of this burden and focus on more strategic issues

Contract Review Services

Legal In house helps law firms and Companies to review Agreements/Contracts. Legal Inhouse analyzes the various Terms and Conditions of the Agreements/Contracts, prepares review notes indicating the important sections/clauses of the Agreement/Contract, positive and negative issues and their impact and consequences flowing on client performance and financials. Legal Inhouse also suggests suitable Terms and modifications to protect the interest of its clients.

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