Criminal Law
Criminal law refers to a body of laws that apply to criminal acts. In instances where an individual fails to adhere to a particular criminal statute, he or she commits a criminal act by breaking the law. This body of laws is different from civil law, because criminal law penalties involve the forfeiture of one's rights and imprisonment. Conversely, civil laws relate to the resolution of legal controversies and involve money damages. There are two types of criminal laws: misdemeanors and felonies. A misdemeanor is an offense that is considered a lower level criminal offense, such as minor assaults, traffic offenses, or petty thefts. Moreover, in most states, the penalty for the misdemeanor crime is typically one year or less. Criminal Law in India is regulated by three acts namely, The Indian Penal code (IPC), 1960, the Code of Criminal procedure or the Cr.P.C, 1973, and the Indian Evidence Act, 1872.
Civil Law
The Civil Law is indubitably and certainly the most important branch of law for every constitutional country. The Civil Law consists of a body of rules, procedures, regulations and judicial precedents that helps in resolving the various non-criminal disputes. These disputes are either between individuals or organizations and can be on a variety of problems like ordinary issues, private matters, marriage conflicts etc. Lawyermamta being one of the top law firms in Mumbai provides a complete gamut of legal services and expert counsel regarding the civil law India. .
Family Law
Lawyermamta is recognized nationally and internationally among the best teams of lawyers for our expertise in all family law related issues. Irrespective of the circumstances, family breakdowns are very stressful. Abreast and precise advise from an expert can make a big difference and ensure the process is completed as quickly and smoothly as possible. Whatever the legal needs, We provide on hand support to clients and fights to protect their best interests. Our team comprises of expert negotiators who help clients find an agreement that suits everyone and try to keep disputes out of court wherever possible. Our attorneys give time to understand each case and provide a tailor-made solution according to needs of the clients. Lawyermamta has wide network of offices across India and overseas with specialized lawyers who are considered leaders in their field. Whether you are at the start of the relationship and making future plans (like before a wedding or when moving to India) or at the end of a relationship, our attorneys will work with you in a way that suits you best. Our clientele includes individuals from all walks of life and we collaborate with them to provide professional, practical and personal solutions that meet their objectives. We guide and advise our clients in the background or represent and fight their corner in the courts whichever is best suited. Regardless of the situation we put clients’ and their family’s interests first.
THE HINDU MARRIAGE ACT, 1955
The Hindu Marriage Act, 1955 came into force on May 18, 1955. It has amended and codified the law relating to marriage among Hindus. It thus codified the various aspects of the Hindu marriages and the legal issues arising out therein. The essential conditions of a valid Hindu Marriage are stated in Sections 5 of the Act and the violation thereof is made punishable under Sections 17 and 18 of the Act.
DISPUTES AND PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955 (1) Restitution of Conjugal Rights (2) Nullity of Marriage (3) Judicial Separation (4) Divorce (5) Maintenance pendent lite and expenses for proceedings (6) Permanent alimony and maintenance
Cheques Bounce
The Hindu Marriage Act, 1955 came into force on May 18, 1955. It has amended and codified the law relating to marriage among Hindus. It thus codified the various aspects of the Hindu marriages and the legal issues arising out therein. The essential conditions of a valid Hindu Marriage are stated in Sections 5 of the Act and the violation thereof is made punishable under Sections 17 and 18 of the Act. Cheques are used in almost all transactions such as re-payment of loan, payment of salary, bills, fees, etc. A vast majority of cheques are processed and cleared by banks on daily basis. Cheques are issued for the reason of securing proof of payment. Nevertheless, cheques remain a reliable method of payment for many people. On the other hand, it is always advisable to issue crossed “Account Payee Only” cheques in order to avoid its misuse. A cheque is a negotiable instrument. Crossed and account payee cheques are not negotiable by any person other than the payee. The cheques have to be deposited into the payee's bank account. Legally, the author of the cheque is called ‘drawer’, the person in whose favour, the cheque is drawn is called ‘payee’, and the bank who is directed to pay the amount is known as ‘drawee’. However, cases of cheque bounce are common these days. Sometimes cheques bearing large amounts remain unpaid and are returned by the bank on which they are drawn. The below article provides information on what you may do if your cheque is dishonoured? Here’s a step-by-step guide to the legal procedure that is available to you. If a cheque is dishonoured When a cheque is dishonoured, the drawee bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the reason for non-payment. The payee’s banker then gives the dishonoured cheque and the memo to the payee. The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. However, if the cheque issuer fails to make a payment, then the payee has the right to prosecute the drawer legally. The payee may legally sue the defaulter / drawer for dishonour of cheque only if the amount mentioned in the cheque is towards discharge of a debt or any other liability of the defaulter towards payee. If the cheque was issued as a gift, towards lending a loan or for unlawful purposes, then the drawer cannot be prosecuted in such cases. Legal action The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881. According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing. The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. It is essential in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.