Top 5 Benefits of Corporate Governance

Corporate governance in layman’s language may be defined as a system by which an organisation is controlled administered and directed. Corporate governance has a very wide meaning and the top advocates in India are of the opinion that it includes within its ambit the relationship of the board of directors, shareholders and even other stakeholders involved. Corporate governance helps in abiding by the laws in force and prevents the violation of laws during the course of business towards which otherwise no attention is paid which causes huge losses at an advanced stage of business.

Benefits of Corporate Governance

Famous Supreme Court lawyers often advise their clients that corporate governance must not be limited to public companies as small businesses can also benefit from this practice. As corporate governance comprises of rules and regulations which direct the role and functioning of the key people and not just the process which helps in creating better management. But it is important to note that the approach of corporate governance varies globally as well as from company to company depending on the nature, risk, size of the operation.

Best lawyers in India are of a firm belief that the core values of corporate governance framework are:

1. Fairness
2. Transparency and
3. Responsibility

Corporate governance ensures that the rights of the shareholders are protected and all shareholders are treated equally and at the same time it is ensured that material matters regarding the company are disclosed in due time.

Having understood corporate governance and its effects, the top 5 benefits of corporate governance may be summed up as:

1. Positive behavior: By means of corporate governance, a system of checks and balances is maintained as rules and policies are made which demarcate the role and function of each of the key person in the company. This helps in the development of the business and by specifically laying down the role of each of the member future failures while setting organisations cultural expectations are prevented.
2. Reputation: The system of corporate governances helps in boosting the reputation of a company. Corporate governance once publicized would attract more stakeholders as the details of the working would be provided by means of publication of the policies. Sharing of internal information among the stakeholders in an important aspect of corporate governance this also helps in creating transparency.
3. Enhances trust and reduces bad behavior: Various rules and policies are formulated under the system of corporate governance which defines the role of each of the member of the company. Demarcating the role and functioning of every key member reduces the chances of conflict between the members and as a result reduces bad behavior. As mentioned above corporate governance enhances transparency by ensuring that the stakeholders are informed about the matters in due time builds up trust between the members and helps in the development of the business and the company at large.
4. Internal control: Corporate governance helps in ensuring that adequate and effective control is maintained which reduces the risk of corruption and mismanagement. Which in the long run protects the company from unnecessary lawsuits and fines which drain the resources of a company.
5. Capital costs: implementation of good governance practices has helped various business establishments in reducing the cost of the capital for their company. As mentioned earlier corporate governances brings stability and reliability in a company which helps the company in borrowing funds at a much lower rate as compared to the companies that have poor or weak governance which helps in reducing the cost of the capital.

However, one must always be receptive to changes as good governances demands changes with the developments made in the business to maintain the development.

 

Know How to Register your Trademark

A trademark is a unique symbol or word(s) used to represent a business or its products. It can be a symbol, logo, stamp, hallmark, monogram etc. We can say trademark is a unique identity of a product which is intellectual property of a proprietor. For public trademark helps to recognize product to which they want to purchase those which they trust. So trademark is not only helping the proprietor but also helping the public at larger to go with that brand which they have positive experience or any recommendation.

source : https://www.linkedin.com/pulse/know-how-register-your-trademark-lalendra-kumar/

Difference Between Kidnapping and Abduction

 

In India, the crime rate is increasing day by day at an alarming rate.  It is highly unfortunate that newspapers which were created with the aim to educate and inform people about the latest developments are now seen filled with the news of crimes committed every day. Kidnapping, Abduction, Murder, Rape and other heinous crimes have found place in the headlines of almost all newspapers. Kidnapping and Abduction are at present considered to be one of the most common crime committed and they are mostly in continuation of other heinous crimes.

 In the layman’s perspective, Kidnapping and Abduction are considered as synonyms but there exists a major difference between the two.

The word ‘kidnapping’ has been derived from the word ‘Kid’ that means ‘Child’ and ‘Napping’ that means ‘to steal’. The provisions regarding the Kidnapping are enumerated under Section 359 to 361 and kidnapping has been made punishable under Section 363 of the Indian Penal Code, 1860. Top criminal lawyers in Delhi while dealing with cases of kidnapping lay great emphasis on the types of kidnapping mentioned in the Code as kidnapping from India can be committed against any person while as kidnapping from a lawful guardian can be committed only against a minor and a person of an unsound mind.

 Indian Penal Code has classified Kidnapping as:

1. Kidnapping from India
2. Kidnapping from Lawful Guardianship

Kidnapping from India simply means the conveying of a person beyond the limit of India forcefully and deceitfully.  Whereas Kidnapping from Lawful guardianship is known as taking away and enticing of a minor male under the age of 16 years or minor female under the age of 18 years. When a child or a person of an unsound mind is kidnapped or taken away from the lawful guardian the consent of such a child or person is immaterial.

Abduction, on the other hand, has no classification and has been defined under section 362 of the Indian Penal Code. Abduction simply means compelling a person or forcing or inducing by deceitful means a person to go from one place to another by someone. Thus to complete the offence of abduction it is important that there must have existed some use of force or inducement by deceitful means.

The main difference between the offence of kidnapping and abduction is that kidnapping is punishable per se while as abduction is not punishable per se. the Indian Penal Code has not made abduction a punishable offence it itself. Abduction is made a punishable offence only when it is clubbed with the intention to commit the further offence. Also. In abduction it is highly important that the use of force must be actual as the mere threat of force is not sufficient.

Best criminal lawyers in Delhi are often approached by people to understand the difference between kidnapping and abduction and the difference between Kidnapping and Abduction can be summarized as:

Age: Age of the victim is an important factor to determine which offence has been committed. When an offence of kidnapping from lawful guardian is committed the victim is either a minor or a person of an unsound mind.  The offence of Kidnapping from lawful guardianship can only be committed against the minor male child under 16 years of age, or against the girl child under 18 years of age or in the case of an unsound mind person.

Whereas, the offence of abduction can be committed against any person irrespective of the age of the victim.

Guardianship:  Kidnapping from lawful guardianship is known as the removal of a person from the lawful guardian.

Whereas in the offence of abduction removal pf a person from the guardian is not material, as the offence of abduction has only reference to the person abducted.

Means used: Kidnapping from lawful guardianship is considered as the simply taking away of the minor or a person of an unsound mind. Using force under the offence of kidnapping is not an essential element,

Whereas the offence of the abduction can only be completed when there is the use of some force, compulsion or use of some deceitful means.

Consent: Minor and Unsound person are incapable of giving a valid consent as per law, therefore, the consent of such persons is immaterial and not a valid defense when a child is kidnapped.

Whereas in Abduction the consent of the persons is material, so consent is considered as a good defense to the accused.

Intention: To attract the offence of the Kidnapping from the lawful guardian, the intention of the accused is totally immaterial, whether the act was done in good faith or bad faith it doesn’t affect the charge of the Kidnapping.

On the other hand, in abduction, the intention of the accused is highly important because abduction per se is not an offence it is made a punishable offence only when it is done with an intention specified in section 363A, 364, 364A or 369 of the Indian Penal Code. Hence, a person would be liable only if there is the malicious intent behind his actions.

Completion of the offence: Kidnapping is not a continuing offence, it is completed as soon as the minor is removed from the custody of his or her guardian.

While Abduction is a continuing offence and continues so long as the abducted person is removed from one place to another.

Nature of offence: Kidnapping from guardian is a substantive offence meaning that it is not dependent upon any other offence and is in itself made punishable under Section 363 of Indian Penal Code, 1860.

Whereas Abduction is not a substantive offence, it is dependent upon the intention of the accused to commit a further offence, mere abduction is not a punishable offence.

 

Equality among Equals and the Constitution of India

India is known as one of the oldest civilizations in the world, where people of many ethnic groups live together. That’s why India is well known for its unity and diversity. To maintain unity in a nation, it is essential that the legal system of a nation does not discriminate amongst its citizens. In India, Article 14 of the Constitution of India ensures the eradication of discrimination and guarantees equality amongst all the persons residing in the territory of India. Top Supreme Court lawyers have worked in a dynamic fashion to expand the preview of Article 14 of the Constitution of India.

This Article binds the government to treat all the persons equally. This Article is considered to be so vital to maintain a democratic form of government that any law made by parliament is subject to this Article. Not only laws but all the policies made by the government are also subject to Article 14 as they must not be discriminatory in nature.

Equality among Equals:

The primary objective of the Article 14 is to remove all forms of inequalities from a society. But it is important to understand that equality means treating equals equally and not unequal’s equally. This concept can be best understood by stating that if the deprived sections are treated equally with the uplifted sections then the concept of equality will not serve its purpose. If equals are not treated equally then it will become impossible to abolish inequalities present in the society. Best lawyers in India are found fighting for the rights of the deprived sector and to bring them at power with the upper strata of the nation through the enforcement of Article 14.

The proper meaning of the right to equality is based upon the concept of equality among the equals. This can be witness in the Constitution itself as the Constitution of India empowers the Parliament to enact special laws for the welfare of the deprived sections, and various schemes are also initiated by the government to uplift the deprived sections to bring them at power with the uplifted section of the society.

Equality before Law and Equal protection of Law

The right to Equality under Article 14 is enumerated with two phrases, that is “Equality before law” and “Equal protection of law”. Generally, it is considered that both the phrases look alike, but both phrases have distinct meaning.

Equality before law: In a democratic system, everyone is equal in the eyes of law, and this phrase guarantees that no one will be discriminated by any person, and all will be treated equally irrespective of place of birth, sex, religion etc. For instance, both men and women have the right to work and the right to equal pay for equal work.

 All persons who commit a particular crime are given the same punishment. There cannot be a distinction between a male criminal and a female one. Or a rich criminal and a poor one, if both have committed the same crime.

Equal protection of law: The phrase equal protection of law means that people in similar circumstances should be treated equally. Which also means, those who are not equal should not be treated equally. For instance, if a Child committed an offence he will be governed with Juvenile Justice (Care and Protection of Children) Act, 2015 and if an adult commits an offence he will not get benefit of such act. Also, people falling in the category of BPL will be entitled to subsidies while as people belonging APL will not be entitled for the same.

Both “equality before law” and “equal protection of law” are together called as Right to Equality, and it is an important part of the Constitution. Article 14 authorizes a state to differentiate the persons in different circumstances, this is called as doctrine of reasonable classification.

 The Constitution of India gives another Right to enforce the Right to Equality before a Court of law under. The makers of the Constitution consider equality as the soul of the Constitution.

Child Custody Under Hindu Law In India

Judiciary has a complex functioning and deals with multiple issues everyday owing to the need of delivering justice. The dispute with regards to child custody is witnessed in almost all courts. The issue of child custody is considered to be highly sensitive and emotional at the same time.

The term child custody in simple terminology means allotting a person a right to care, control and maintain a child. The issue of child custody is mostly witnessed in divorce cases wherein the parent who gets the custody of the child keeps the child under his care and guidance. The top divorce lawyers in Delhi while dealing with child custody cases lay great emphasis on the personal laws along with the legislations available

Laws governing the custody of a child vary according to the religion followed by the parents of the child since the child custody laws in India are governed by the personal laws. Although a uniform legislation namely the Guardian and Wards, Act 1890 is in force still personal laws have a huge impact while determining child custody cases.

Hinduism as a religion does not recognise the concept of child custody as the religion \considers that the father of the child has to look after his child and the welfare of his child. Hindu religion also specifies that after the death of the father, mother of the child has to be given the custody of the child. Best divorce lawyers while arguing on the issue of the custody of a Hindu child although follow the intricacies of the personal law but at the same time also harmonise the personal law with the laws made by the parliament.

Although the personal law has set the law for child custody but the same is not applied in entirety due to the changing and developing times. The laws which govern the child custody cases among Hindus are:

1. Guardian and Wards Act, 1890
2. Hindu Minority and Guardianship Act, 1956

The first question that is asked while addressing the issue of child custody is that who is entitle to get the custody of the child and who cannot get the custody of the child. The abovementioned laws have simplified this complex area and lays down the person entitled to the custody of a child along with the circumstances.

According to the Hindu Minority and Guardianship Act, 1956 following persons have a right to the custody of a child.

When custody lies with mother of a child:

1. Custody of a child will lie with the mother of the child when a child is below 5 years in age because up to this age only the mother of the child can give the child proper support physically as well as emotionally.
2. Mother of a child will also get the custody of the child when it’s a boy or an unmarried girl below the age of 18 years and above the age of 5 years after the death of the father of the child or if the father of the child is dead. However, if the father of the child is alive then he is considered as a natural guardian.
3. When a child is illegitimate then the custody of a child rests with the mother.

When custody lies with a third person:   

1. When the parents of a child are not willing to take the custody of the child or the situation is such that the court thinks that for the benefit of the child it would be better to keep the child in the custody of a third person then the court may give the custody of a child to a third person. Mostly in such situations, the custody of a child is given to the grandparents of the child either maternal or paternal grandparents if they are interested.
2. When a situation exists that neither the parents of the child nor the relatives of the initiating to take the custody of the child then the court would by itself give the custody of a child to an appropriate person.

Persons not entitled to get the custody of a child 

It is to be noted that certain persons are barred from getting the custody of a child in whatsoever situation. The person not entitled to get the custody of a child are:

1. A person who has ceased to be Hindu shall not be given the custody of a Hindu child.
2. A person who has completely renounced the world shall not be given the custody of a child. However, it is important to note that the person has in real terms emancipated the world and a mere declaration is not sufficient.
3. No person shall be given the custody of a child if such a person would not be able to take proper care of the child because of the ill practices followed by such a person.

Source : https://www.lawzgrid.com/legal-blog/blog-details/Child-Custody-Under-Hindu-Law

How to Filing an F.I.R in India

F.I.R in simple terminology refers to registering of the information about the commission of a cognizable offence. Although the term F.I.R has not been mentioned in the Code of Criminal Procedure but the section 154 of the code lays down that every information regarding to the commission of a cognizable offence, if given orally to the officer in charge of the police station is to be reduced in writing by him or under his directions and then it is to be read over to the informant.

First Information Report

This section also states that all information given pertaining to the commission of a cognizable offence given in writing or orally is to be signed by the person giving the information. All is information is to be entered and kept in a book maintained by the officer-in-charge of the police station in the form as prescribed by the State Government. According to the law prescribed by the Code of Criminal Procedure, a copy of the information which is recorded is to be given forthwith free of cost to the informant.

Things you should do, if your mobile phone is Stolen

In today’s developing time’s mobile phones have become a necessity in our lives. We have become almost entirely depended on our mobile phones. The use of mobile phone covers a vast domain ranging from the use of social networking to managing the financial banking details and transactions.  As the need for mobile phones is increasing day by day, the crime rate of theft as related to mobile phones has also increased.

Theft is a cognizable offence punishable under the Indian Penal Code and has been defined under Section 378 of Indian Penal Code, 1860.

Theft is known as an offence relating to the possession and can be described as taking possession of any movable property, with the intention of wrongful gain or wrongful loss.

In case of theft of any movable property of a person including a mobile phone, a person has to lodge an F.I.R. in the nearest police station.

When no offence of theft has been committed and the mobile phone is not stolen but is merely lost by the person having possession of such mobile, then it is adviced by the top lawyers to inform the officer in charge of the police station about such loss.

It is pertinent to note that in such cases an F.I.R. will not be lodged because no offence has been committed.

There are two Essential Element in the cases in which the Mobile phone is Stolen,

1. There must be the dishonest intention of the person,
2. He or She must have taken out the possession of the mobile from another Person.

Theft is a Cognizable Offence, and in all cases of theft, an F.I.R. is registered under section 154 of the Code of Criminal Procedure. Section 154 of Code of Criminal Procedure, 1973 Further states that the copy of the F.I.R. shall be given to the person lodging an F.I.R free of cost and immediately.

In all cognizable cases, the police officers are vested with the vast investigation powers to ensure speedy investigation.

In the cases of mobile phone theft, the offender can be easily arrested by tracking the IMEI number of the mobile phone. IMEI refers to International Mobile Equipment Identity, every mobile phone has its separate IMEI which gives every mobile phone a distinct identity.

On tracing of a mobile phone if the mobile phone is found in the possession of another person after tracing, then it that case Section 114 illustration (a) of Indian Evidence Act, 1872 gives powers to court to presume that either the Person is a thief and he will be charged under Section 379 of Indian Penal Code, 1860 or he has received the stolen goods by knowing them to be stolen and the person will be charged under Section 411 of Indian Penal Code, 1860

Cases in which mobile phone is lost.

Cases in which the mobile phone is lost by any person then in such case no F.I.R. will be lodged because mere loosing of the mobile phone is not an offence under any law.

But in such cases various Supreme Court Lawyers advise to give information to police regarding the loss of Mobile phone because mobile phones contain sensitive and personal information of the owner which can be easily be misused and ignorance and delay in informing the police in due time sometimes even leads to harassment to the owner of the lost mobile phone.

If you want to talk to top lawyers near by you so must Click on:  Top Lawyers in your City

Ref: https://www.lawzgrid.com/legal-blog/blog-details/Things-you-should-do-if-your-mobile-phone-is-Stolen

 

Supreme Court on Live-in-Relationships

 

Live-in-relationships have been in the discussion for sometime and divergent opinions have been witnessed on the topic. The young generation is seen strongly supporting the concept of live-in-relationships. But not everyone is found to be in favor of this westernized modern concept.

Indian is a country of vast cultural diversity where customs are highly followed and live-in-relationships are said to be still looked down upon. However, the Supreme Court of India has come to the rescue of the couples living in a live-in-relationship.

The term live-in-relationship has not been defined under any law for the time being in force. The top lawyers in Delhi and across the country treat live-in-relationship has a right available to every person under Article 21 of the Constitution of India. Live-in-relationships are mostly regarded as the living of a couple together without being married.

This concept is said to have been borrowed from various western countries is argued to be a personal decision of a person and is a right guaranteed under the right to life of a person enshrined under Article 21 of the Constitution of India

The live-in relationships were legalized for the first time by the Privy Council in A Dinohamy v. WL Blahamy wherein it was stated that when a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage.

However, in later decisions, contrary observations were made by the courts.

In Gokul Chand and Pravin Kumari, it was held that cohabitation for a long time doesn’t guarantee to earn legitimacy.

This decision had not made live-in-relationships illegal but has simply stated that the same would not gain the status of the legitimate relationship.

The Hon’ble Supreme Court in the landmark judgment of Indra Sarma vs V.K.V.Sarma has held that Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.

The Hon’ble Supreme in the landmark judgment of S.P.S. Balasubramanyam vs Suruthaya has acknowledged live-in-relationships and held that when a man and a woman cohabit under the same roof for a long time then it is presumed under section 114 of the Indian Evidence Act that they are married and the child, if any born, is a legitimate child.

The courts have now time and again put women living in a live-in-relationship at the same footing as that of a wife and held that the provisions of law giving protection to women against domestic violence are equally applicable to couples living in a live-in-relationship. Women living in a live-in-relationship are also entitled to claim maintenance.

Best advocates in Delhi and top lawyers in Delhi and across the country say that the law per se never prohibited the concept of live-in-relationships. The only hiccup in the smooth living of such couples is that the society. Although has moved forward and accepted the concept of live-in-relationships yet some people oppose this concept and regard it as immoral and opposed to religious policies.

Although no legislation has been drafted till date to specifically deal with Live-in-relationships. it is now considered that specific provisions be made with regards such relationships and protection be guaranteed to women against violence in such relationships. People are of the opinion that lack of legislation leads to violation of the rights of the couples and this also paved way for people to discriminate against such couples.

 Source: https://www.lawzgrid.com/legal-blog/blog-details/Supreme-Court-on-Live-in-Relationships

Benefits of Choosing Lawyers Online Rather than by Reference

In the era of modernization, the socio-economic conditions of the world have radically changed, which has lead to the growth of Industrialization and the use of the internet. Nowadays all economic transactions, as well as stock market, is based on internet. Use of internet in a democratic system has created transparency in the bureaucracy as well as the action and schemes enacted by the government. The internet has now become a basic necessity of the world.

As concerning India, various schemes are enacted by the government to promote the use of the Internet, like Digital India. As per reports, it is stated by Internet and Mobile Association of India (IAMAI) the number of internet users in India is expected to reach 500 million by June 2018. Now the traditional markets are becoming outdated and use of online market are increasing day-by-day. Various goods and services can easily be availed through the online markets, and legal services are the best example of it.

With the developing times, the disputes among the individuals have become complex and have also increased. Right to be represented by an Advocate is the right of the individual, denial of this right cause miscarriage of justice for the person who is denied being represented.

As we discussed earlier, legal services can easily be made approachable nowadays in the online markets and there are various benefits of it, that are discussed below:

· Easily approachable:

As compared to the traditional markets, Lawyers in the online markets are easily approachable. As courts are crowded and it is time-consuming for a client to approach a lawyer making it difficult for the clients assign a lawyer for their matter. But in the online legal market, lawyers are easily approached in a few clicks. Which leads to saving the time and money of the individuals. Top Supreme Court Lawyers also encourage the online platform of legal services to find an ideal lawyer.

Remaining 5 other Benefits Visit Source : Choosing Lawyers Online

 

 

 

10 Points Witnessed in a Cheque Bounce Case

Cheque bounce cases are amongst the most frequently filed cases in various Courts of Law. Negotiable Instruments Acts 1881 lays down the procedure to be followed for filing a case of a cheque bonce and the things which are to be taken into consideration before filing a case.

The top Supreme Court lawyers are often asked about the stages involved in a cheque bounce case and how long will it take to get disposed of. The various stages involved in a cheque bounce case can be summarised in as mentioned below.

Various stages involved in a cheque bounce case are:

1. Legal Notice: The first step involved in filing a cheque bounce case is, to begin with sending the opposite party a legal notice. In the legal notice, the grievances are to be mentioned along with all the facts and defaults. If the party sending the legal notice desires may also seek compensation through the legal notice for the defaults made by the opposite party. The legal notice is said to set a ground for the filing of a case as it provides the opposite party with sufficient time and opportunity to restore all the defaults also allowing the opposite party to settle the dispute by means of negotiation. The legal notice is simply a warning given to the opposite party that legal proceeding will be initiated against them after the notice period on the failure of restoring the defaults. Lawyers in Delhi and India often lay great stress on the content of the legal notice as it regarded as a foundation stone of the case.
2. Complaint: After a legal notice has been given to the opposite and on completion of the notice period as mentioned in the notice the complainant will follow the next step of filing the complaint before the magistrate within whose local jurisdiction the cause of action has arisen. Once a prima facie case is made the magistrate would then list the matter.
3. Statement: After the matter has been listed by the magistrate the next step is the recording of the statement of the complainant and the complainant has to provide a detailed information about the facts of the case.
4. Summons: Once the statement of the complainant is recorded and the magistrate is satisfied that a sufficient case is build up the Magistrate will issue summons to the accused.
5. Appearance: After the summons have been served properly the accused is required to appear before the court. If, however, the accused does not present himself even after the summons have been duly served then the Magistrate may even issue a warrant of arrest against the accused and order that he be brought before the court.
6. Plea: The appearance of the accused is followed by a recording of the plea wherein the court asks the accused as to whether he has committed the things accused of and the accused is asked to submit a written statement as an answer to the petition filed by the complainant.
7. Evidence: at this stage evidence is recorded and it involves a two-stage process

   Examination-in-chief
   Cross-examination

8. Arguments: once the evidence has been recorded and statements have been made the case proceeds to the stage of arguments where the complainant and the accused through their lawyers submit their arguments before the court supporting their claims.
9. Judgment: on the closure of the arguments by both the sides a judgment is pronounced by the court depending on the facts and circumstances of the case.
10. Appeal: when a person is not satisfied with the decision of the Court then such a person can appeal against the decision of the magistrate within 30 days.

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