In civil matters, 50% of the matters are about a Stay Order/Injunction order. But do you know when and how a stay order can be granted? Here are the 6 times when it can be granted: 1. Establish a basic prima facie case in your favour. 2. In pleadings, it should co-relate with your main relief of the case. 3. If at any given point of time there was some obligation to be done by you as per law and pleading, plead that you were & are willing to do the same. 4. Plead the contracts and facts clearly and specifically with what, when, where and how. 5. Place the documents on record. 6. Along with your main case file a separate application for grant of stay under order 39 rule1 and 2 for interim relief i.e. till the pendency of matter.
The twin aspects: Defamation has both the civil and criminal aspects. And you can seek remedy under either or both. If it is a civil case, you can claim compensation. If it is criminal, you can get the accused convicted . The basic ingredients of a defamation complaint: Public post: it must be posted on a public platform. A private message may not constitute defamation. Defamatory & False allegation: It must be a false allegation and defamatory to the extent it has harmed & lowered the prestige in eyes of others. The Exception: If any allegation is “imputation of truth” which is required for the “public good” and thus has to be published that is not defamation.
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 o
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.
The Do's Be authentic and narrate the actual facts. Include a minor twist only if absolutely necessary Be specific with date and time of the occurrence of event and exact "language". If its based on documents annexe the documents and plead them cleverly in complaint. Show your emotions in the complaint and if necessary show why only police can conduct the inquiry in the present facts if you want the FIR. The Don'ts Do not be vague and non specific. It is usually the first ground for Bail and acquittal Never ever cook up a story. Eventually in cross examination, the story would fail and you could end up at the receiving end of the judge.
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 OP
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 furthe
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
Wealth is of two kinds: Ancestral – Properties handed down through generations and Self acquired – Properties acquired through self-earned money. In the event of ancestral properties the Will has very limited role to play. However in self acquired properties, the Will is the sole ground to distribute the property as per the written wish of the person who has acquired the property i.e. Testator. We need a Will to ensure the acquired assets go to the person as per the wishes of the Testator. Conditions under which you SHOULD make a Will: Age over 45 years: The chances of getting ill increases after age 45, so it is always advisable to draft the Will as per the wishes of test
Here are some tips on how to make electronic evidence like recordings, emails and chats admissible in a court of law: 1. Preserve the original gadget: Keep the gadget with which you have procured the evidence in safe keeping. And produce it in court when the need arises. The possible gadgets are: For Pictures - the camera or the phone, for Audio recordings - the audio recorder, for chats - the phone or laptop. 2. Get the gadget tested: If the above evidence is disputed, you'll need to get the gadget tested through a certified forensic lab. 3. Various formats of evidence: Any electronic record which is printed on a paper or stored, recorded or copied in optical/magnetic media shall also be considered to be a document, if the conditions me