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Topics - rupa

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Domestic Violence / what is mahila court
« on: April 07, 2014, 01:19:47 AM »
what is mahila court and what type of cases do they entertain

An unmarried daughter and her married brothers and sisters inherited their motherís immovable property through a will. Probate has been granted and the mutation of her portion has been done. What will be the fate of her property if she dies intestate?

498A IPC / acquitted 498A case how to avoid maintenance
« on: June 07, 2012, 09:42:37 AM »
My friendís wife left her marital home for her paternal home on the pretext of torture. Then she filed a case under Section 498A of the Indian Penal Code and also sought maintenance. Subsequently, my friend was acquitted in the 498A case. How can he avoid paying her maintenance?

can wife keep father's name after marriage & not Change to husband's name?
is there any law that wife has to change name is it compulsory

I bought a flat a year back and took possession soon after. All the flats of the building were sold at least a year ago. Yet, in spite of repeated communications, we have not been given the completion certificate. The pending tax burden is growing by the day. What legal action can we take to retrieve the certificate and also make the promoter pay the accrued tax?

Criminal Case against Minor boy going on for many years now can it be closed?

Domestic Violence / Police officer refuses to register my FIR
« on: March 21, 2012, 03:37:08 AM »
what should I do Now that the Police is not Registering my FIR

Wife mentally, physically and  verbally abused and tortured by husband can he be punished or taught a lesson

An order of payment of maintenance was passed against the husband under Section 125 of Criminal Procedure Code, since then he is paying the maintenance amount regularly to Wife. The Wife now applies for decree of divorce, kindly advice whether divorce will be granted?

Husband sues his wife for divorce under the Hindu Marriage Act 1955, on the ground that she had for some time been suffering from venereal disease, in a communicable form?

Divorce Laws / Divorce laws
« on: February 08, 2012, 09:10:57 PM »
Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from

coping up with emotional ups and downs to contesting for the long awaited divorce decree for several

months is definitely a tough affair to get through. Before opting for a divorce you should be aware of

the fact that a divorce procedure in India extents for almost a year and in some special cases of

disputes the procedure may continue for years. The long distressing process of divorce will be easier for

you to handle if you have a firm determination to get the divorce.

Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws

separately for couples belonging to different religious beliefs.

Divorce procedure in India is based on the following acts.

* The Hindu Marriage Act, 1955
* The Parsi Marriage and Divorce Act, 1936
* The dissolution of Muslim Marriage act, 1939
* The Parsi Marriage and Divorce Act, 1936
* The Special Marriage Act, 1956
* The Foreign Marriage Act, 1969

With the advancement of time and social awareness, several acts have been passed by the government to

make the present day divorce procedure in India more progressive with respect to gender affairs and

related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on

divorce. For inter caste and inter- religion marriages the divorce laws are approved under The Special

Marriage Act, 1956.

A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for

different Indian religions.

For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may

resolve all kinds of disputes regarding maintenance, custody of children and such.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they

have lived apart for at least a year. The couple must jointly mention about their inability to continue

the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to

dissolve the marriage.

The filing of a mutual divorce by both the husband and the wife is termed as Ďthe first motioní. A couple

can file for a second motion after a gap of six months. The six months time span is provided to the

couple so that they get the time to reconsider their marriage.

A divorce decree can be passed before the completion of the six months term if all the mandatory

requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months

the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates

to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass

the divorce judgment.

Cyber laws / Cyber lawyer and their Importance
« on: February 08, 2012, 04:53:05 AM »
You signed your big deal. Next, you pop the corks, thank your tech lawyer for his great work, and send him home. The legal part is mercifully over and now you can get back to business sans lawyers. Sorry, but it's the wrong approach in tech deals, and in any big deal of any kind. You must keep the team intact and functioning.

Once you sign your agreement, you should begin the process of managing the deal. If you don't manage it, then your vendor will. I would point out that it should be obvious that you may not have over≠ lapping priorities. It doesn't matter if the deal was custom software modification, implementing a new network for your company, an overhaul of your website, or whatever. If you manage the project right, you'll maximize the value of whatever it is you bought.

You took the time to put together a team to" decide what it is you needed, you evaluated several companies, and you spent time negotiating your deal. One common mistake I see all the time is that at this point many businesses dismantle the deal team because it's "done." Well, as Yogi Berra said (and if he didn't say it, he should have), "It isn't over till it's over." Don't dismantle the team!

There's no one-size-fits-all formula here, but the idea I'm floating is that your team must stay together throughout the implementation phase. You might need a weekly meeting or just a monthly conference call among your team members, but whatever, you need to manage the process.

You want your team to give you input on issues like this: "Are you getting the service levels required by your agreement?" "Are you receiving the required status reports from your vendor?" and" are they meeting deadlines?" In the broadest sense, you want to know If your vendor is complying with the terms of the agreement.

All too often, I see many companies not doing as I suggest here.

Rather, they deal with issues like this through crisis management. They tend to be reactive instead of proactive. Only when the situaticm gets ugly do they reassemble the team and try to reel the vendor back in.

I know from my role as outside counsel that some of my clients don't take this advice. Once the corks pop, I'm out of it unless and un≠ til the parties are staring down the barrel of a rifle. Then, I'm asked to fix it before there's a war.

It should be obvious that it's much harder to fix a problem than prevent it. If your vendor's performance isn't up to what they agreed to provide, it's so much easier to deal with the issue amicably when it's identified in your routine monthly meeting and immediately brought to your vendor's attention (rather than if it's allowed to go on for a lengthy period because nobody is minding your deal.

Beyond the issue of identifying minor problems while they're still minor, another issue is properly documenting the issue in the way required by your agreement. I've litigated too many cases in my time as a lawyer where I was up against a contract that says that my client should have sent a written notice of a problem within 15 days and they didn't.

They didn't because while they might have been doing a reactive, so-so (at best job of managing the business relationship, nobody was minding the legal side. It's asinine when you consider a company jeopardizing any legal remedies it might have in a deal because it didn't want to budget one hour per month for its tech lawyer to participate in monthly team meetings by conference call. Crazy.
Moreover, it's not really about "legal remedies." If we're talking about legal remedies, we're talking about a seriously ill deal. Actually, what we're talking about is the concept hest expressed by the line from Robert Frost, "Good fences make good neighbors."

As much as you want to have an informal, "Can't we all just he friends?" relationship with your vendor, experience tells me that some , level of formality is a good thing. Wait for the relationship to deterioraterate before you re involve your lawyer and an e-mail from me to your vendor is like moving your military to a higher state of alert.

The better approach is that when you notice a minor problem during your first monthly meeting, you have your lawyer send a formal notice as required by the agreement you spent days or weeks negotiating. Now, that same e-mail, and others that follow, are more like a routine diplomatic exchange.

So often business folks are reticent to send that formal notice.

Don't be. It's the procedure everybody agreed to in the agreement, so use it. If you don't, you may unintentionally waive rights you had under the agreement and send the message to the vendor that you'll let things slide.

The right message is, "We're watching closely, we expect you to do what you said you would do-exactly as you said you would-and in re≠ turn, you'll just love how our progress payments arrive like magic≠ right on time."

Cyber laws / Email and the law
« on: February 08, 2012, 04:40:17 AM »
The Power of E-mail
Let's consider a single hypothetical e-mail message that you created using Word and then copied and pasted into your e-mail program, How many places could this thing turn up? Before I begin answering this question, I must warn you that after you read the answer, you may not sleep tonight. Let's start with the good news.

The most obvious place is that the text of your e-mail will be on your hard drive in whatever folder you save your correspondence. If you went through multiple revisions and drafts, it's possible that your word processor saved every draft, every revision, and the name of everyone who touched the document. Oh yes, let's not forget that this includes the date and time of the revisions.

So, you're thinking this is no problem. There's no litigation pending or threatened concerning this document, so you'll just delete the file. Your lawyer even told you that it would not be improper to destroy this particular document at this particular time. The problem is that you may have accomplished nothing. The document may also ex≠ ist on your network backup tapes. Even if you think of it, generally you can't delete a single file from a backup tape. That's really OK be≠ cause by the time I'm done tracing the life of this e-mail, you're going to realize that the tape backup is the least of your issues.

Once you copy and paste the text into your e-mail program an send it, your e-mail will also turn up in the sent box in your e- -' program. Some recycle bins or trash bins on some computers will e, save every version of a file as it changes. With this feature, you may find countless versions of ybur sent box on your hard drive. Every time you send an e-mail, a new version of your sent box is created and an≠ other old one goes to the recycle bin.

If you're wondering why I called the stuff above the" good news," that's because here comes the bad news. It was good news because, as≠ suming that your lawyer gave you the green light to destroy the document, you could control everything I've talked about-until now.

What you can't control starts with your Internet service provider.

While your e-mail might quickly disappear from your hard drive, your provider may have its own backup procedures, which may ensnare your e-mail. Then the same goes for your receiver's Internet service provider.

And let's not forget the person to whom you sent your e-mail. it will be in her in-box, e-mail program trash bin, hard drive trash bin, and her tape backups. for the coup de grace, if she forwarded it, your email may be like a rabbit on reproductive overdrive.

Cyber laws / source Code and the law
« on: February 08, 2012, 04:27:36 AM »
It's a nightmarish scenario. Let's say that you're the head of information technology ( ITI for a hotel chain. You pay a software development company Rs 500,000 to create new software for your worldwide reservations service. Then they go bankrupt or for whatever reason refuse to support the software. How would you maintain the software without them? Could you add features as needed? Could you continue to up≠ grade your investment to keep up with the latest and greatest? If you didn't consider access to the source code in your agreement with the developer, you may find that you're unemployed.

The starting point in answering these questions is for you to understand what it is you licensed. Generally, when you license software, you receive the object code. In plain English, object code is code that only your computer can read. Mere humans don't program using object code. Humans write programs using what's called source code. Source code is simply human-readable code. Generally, you can't do anything about rewriting software code unless you have the source code. There≠ fore, if your developer goes bankrupt and you don't have the source code, it would be fair to say that you have a disaster in the making.

Software developers consider the source code to be their most valuable trade secret. With the source code, a competitor could create a competing work without incurring all of the development costs of the original developer. Source code is the lifeblood of the software development business.

From your perspective as the head of IT for that hotel chain, you need the source code to continue the evolutionary development of your software or to fix bugs if your original developer disappears on you. If they can't or won't help, you'll need to hire another company to do the work. This other company's efforts will be severely hampered if it doesn't have the original source code.

Cyber laws / Forming Contract Online
« on: February 08, 2012, 04:20:15 AM »
When you've surfed the Web, you've probably noticed that some web≠ pages have a link at the bottom of the page labeled something like Terms and Conditions. If you've ever really been bored, you might have even clicked on the link to investigate. If you did, you probably found a contract that purported to govern your use of the site. Could a contract you didn't sign and that you didn't even have to read possibly be a real contract?

It turns out that this is actually an important and somewhat open question. It's important because if you own a website, the classic ad≠ vice is that you must-absolutely must-have terms and conditions for website use. After all, it's your opportunity to have a completely one-sided agreement protecting your interests. However, how do you ensure that the contract you put on your site will hold up in court if you need it?

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