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Civil disputes arise between individuals or organizations and generally cover areas like family and matrimonial issues, rent/eviction matters, recovery of money, property disputes, consumer litigation etc. The law and the legal framework is difficult to understand for many, especially the fine print. In such a scenario, one may not understand how to handle the legal aspect, specially the working of the courts.

Looking up a lawyer and getting proper legal advice enables you to comprehend the choices and to determine the legal recourse to be taken, which helps to avoid significant mistakes causing financial loss and further legal proceedings.

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Criminal law is the law relating to criminal conduct. Crimes are usually divided into two categories depending upon the nature i.e. felonies or misdemeanors. Crimes are generally referred to offences against the state. A felony involves a serious misconduct i.e. punishable by death or imprisonment for more than one year. A misdemeanor is misconduct where punishment is upto 1 year imprisonment.

In India, the term criminal law means the crimes which establish punishments. The Criminal Procedure Code describes the process through which the criminal laws are enforced. Criminal law in India is mainly governed by Indian Penal Code (IPC), Code of Criminal Procedure (Cr.P.C.) and the Indian Evidence Act (IEA). Apart from this, there are special laws also like NDPS Act, Prevention of Corruption Act, Dowry Prohibition Act, Food Adulteration Act etc.

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In the past, the tenants would neither pay the rent on time nor increase the rent nor vacate the premises as the law was tilted in favor of the tenants. So people with resources were wary of constructing residential/commercial buildings. This led to shortage of housing space in India. But now the law has changed whereby the landlords and tenants have been placed at par. The respective states in India have enacted laws to govern the rent agreements. These fall under the ambit of Rent Control Act.

As rents are a steady source of income over long periods, misunderstandings between the landlord and the tenant are very common. The right recourse is to take the advice of an experienced lawyer right from the time of preparation of lease deed.

The law also gives special status to NRI’s and retired Govt. employees so that their cases are decided expeditiously.

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Family is the oldest institution in the world. Family members strengthen and support each other emotionally and physically. In the Indian social fabric, family holds paramount  importance.

However this system also has its inherent faults and there are mutual disagreements, sometimes leading to disastrous consequences. Family and Matrimonial disputes are generally stressful for the clients.

It covers areas like inheritance, partition, divorce, custody of children, maintenance, domestic violence, cruelty, succession, matrimonial disputes etc. Sometimes a criminal colour is also given to such disputes.

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Property disputes are generally complex in nature. Property disputes between siblings are common these days. Generally property disputes are between co-owners, misrepresentation by sellers, inheritance/succession issues, disputes of family property, bad title of property, partition, disputes regarding property acquired through wills/ gift deeds etc.

Disputes by or against builders [which are mainly adjudicated by the Real Estate Regulatory Authority (RERA)] etc. are increasing day by day.

More than 50% of all the cases in India are property related disputes.

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A capable lawyer should be engaged to prepare documents like lease deeds, wills, agreements and other contracts and getting them registered with the competent authorities. This will reduce the possibilities of hassles in future.

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The Govt. of India is serious in its endeavor to develop a healthy and conducive environment to do business. The Negotiable Instruments Act puts a criminal liability specifically, on business defaulters whose cheques are dishonored due to shortage of funds, stopping of payment, mismatch of signatures, closure of accounts etc. So this Act mainly applies to people who do not honor their commitments after writing promissory notes and cheques.

Many technicalities are involved here, so a competent lawyer should be engaged by both the parties.

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Rapid industrialization and development of trade has created cut throat competition in areas like finance & banking, insurance, transport, retail, housing and entertainment etc. Advertisements of goods and services in the print and visual media influence the customers. Hidden defects of products are realized by the customers much later.

The consumers are supreme for the Consumer Protection Act which protects them from unfair trade practices and deficiency in services by sellers, manufacturers, service providers etc. Forums and Commissions have been setup by the Government at District, State and National Level for this purpose.

A competent lawyer can help both sides depending upon the circumstances of each case.

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The use of higher technology in the automotive industry and increase in the number of commercial and personal vehicles due to greater flow of passenger and freight carriers has led to an increasing number of accidents in our daily lives. A law is in place for such victims and the action is quite fast. Such matters are pursued before the Motor Accident Claims Tribunal. Criminal redressal is also there against the culprits and compensation is paid to the victims.

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Arbitration, a form of alternative dispute resolution , is a way to resolve disputes outside the courts . The disputes are decided by one or more persons called the ‘arbitrators’, who render the arbitration award . An arbitration award is legally binding on both sides and enforceable in the courts.

This system of justice even provides for a settlement to be reached by the affected parties through a conciliatory process.

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Earlier, the insolvency resolution in India took about 4-5 years. This time period was higher as compared to other countries like UK and USA where insolvency resolution took place in 1 year and 1.5 years respectively. The reason for delay in India was, firstly, lack of clarity about the bankruptcy framework and the laws and secondly, the time taken by the courts to resolve the cases.

Then the Insolvency and Bankruptcy Code (IBC), 2016, was enacted as a one stop solution for resolving insolvencies. The main reason for bringing in this code was to expedite the long insolvency process.

This code applies to Companies, Individuals, Partnerships,  Limited Liability Partnerships etc. The code provides for a time bound insolvency resolution process, when a default occurs. It protects the interest of small investors and makes the process of doing business less cumbersome.

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