Adv. Sandigdha Mishra "Be Aware"

By Adv. Sandigdha Mishra advsandigdha@paydirtprofessionals.com Jurisdiction:-  The authority given by law to a  court  to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which  court  has  jurisdiction . The term Jurisdiction refers to the power of a court to hear and adjudicate matters and pass consequent orders and judgments. The term is derived from the Latin words juris which means Law and dicere, which means to speak. Such a power is usually regulated by the procedural code applicable to that Court. In India, the Civil Procedure Code, 1908 regulates all procedural aspects of Civil Courts, while Tribunals may be governed by the statute under which they are established, in addition to the code. Jurisdiction of The Civil Courts Under The Code Of Civil Procedure, 1908 The principle of jurisdiction  is within Section 9 of the...

DISHONOUR OF CHEQUE:- By Adv. Sandigdha Mishra advsandigdha@paydirtprofessionals.com Dishonor of  cheque  or  cheque bounce  occurs when a  cheque  that is presented in the bank is returned unpaid.  Cheque Bounce  could occur due to insufficient funds in the bank account of the person who issued the  cheque  or if the signatures on the  cheque  do not match with the original signature of that person. The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.   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 ...

By Adv.  Sandigdha Mishra ''Happiness in Your Relationships" You don't need to be perfect together you just need to be happy together We all want happiness—and not just temporary happiness from an experience such as a pay raise, a new toy, or because we just went on vacation to a remote island and had a week without any stress. This is not to say that these things are negative or that it is wrong to experience happiness when such events happen in our lives. However, it can be detrimental to our well-being when we are dependent on such exterior situations in order to experience happiness. Realistically, most people want to feel happier in daily living, especially in our relationships. So, how do we achieve that? In our culture, we are constantly bombarded by messages telling us what creates happiness. We are told that if we drink a specific drink, have a certain car, take a vacation to Happyville, wear a brand of clothes, eat a specific type of food, or...

PAYDIRT PROFESSIONALS CHILD CUSTODY IN INDIA Sandigdha Mishra., Advocate advsandigdha@paydirtprofessionals.com Child Custody,  the most crucial aspect in any Divorce: Laws in India While husband and wife part their ways and settle their disputes by taking divorce, it is not easy to settle the matter of the custody of their child. The couples may decide to move ahead in life separately but ultimately it is emotionally challenging for the child who suffers the most during their separation. Generally, child custody is decided among the parents before they petition the court for mutual consent divorce. However, a problem arises when parents cannot come to an agreement on custody of the child after divorce. The courts decide the cases of child custody on the case to case basis and the decision is taken on child’s best interest. Child Custody- Child custody and guardianship are the legal terms which are sometimes used to describe the legal and practical relat...

Agreement and Contract under Indian Law: By Sandigdha Mishra, Adv. Paydirt Professionals Shivaji Nagar, Gurugram, Haryana- 122001 “ All contracts are agreements, but all agreements are not contracts ” This indicates that agreement is different from a contract. Without knowing the fact, we enter into hundreds of agreement daily, which may or may not bound us legally. Those which bind us legally are known as  contracts , while the rest are  agreements . Differentiation: BASIS FOR COMPARISON AGREEMENT CONTRACT Meaning When a proposal is accepted by the person to whom it is made, with requisite consideration, it is an agreement. When an agreement is enforceable by law, it becomes a contract. Elements Offer and Acceptance Agreement and  Enforce-ability Defined in Section 2 (e) Section 2 (h) In writing Not necessarily Normally written and regis...

DIVORCE  By Adv. Sandigdha Mishra Marriage was considered to be an imperishable  tie between the husband and wife. But Divorce is among the most traumatic occurrences for any husband and wife. Divorce sometimes entails the canceling or reorganizing of the legal duties and responsibilities of the wedding, so dissolving the bonds of matrimony between a man and wife underneath the rule of law of the particular country or state.  Divorce is the realisation of husband and wife because no longer they cannot live together. That decision may be affected by their children and the family surrounded by them. In India, as with most personal matters, rules for divorce are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community ma...

Zero FIR Adv. Sandigdha, Paydirt Professionals  This is the type of FIR that can be filed in any Police station. It is irrespective of any kind of jurisdictional area but the main investigation will take place on the jurisdictional police station. The case is registered with the serial number zero then the case is transferred to the respective police station. It is beneficial for the serious and heinous crime. The provision of Zero FIR came up as a recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013 after the heinous Nirbhaya case of December, 2012. The provision says: An FIR can be filed at any police station irrespective of place of crime and area of jurisdiction. This provision is for everyone. When in trouble men and women will be benefited equally. In Zero FIR, any police station can register FIR irrespective of the jurisdictional area but the investigation will be taken up by the police in the place of occurrence reported i...

MAINTENANCE/ALIMONY:- By Advocate Sandigdha, advsandigdha@paydirtprofessionals.com Paydirt Professionals  Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various laws governing maintenance are as follows: for Hindus  – Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956 for Muslims  – Muslim Women (Protection of Rights on Divorce) Act, 1986 for Parsis  – Parsi Marriage and Divorce Act, 1936 for Christians  – Divorce Act, 1869 secular laws  – Criminal Procedure Code, 1973; Special Marriage Act,1954 Temporary Maintenance ( pendente lite ) Temporary maintenance is granted by the court during the pendency of proceeding for divorce or separation to meet the immediate needs of the petitioner. Under Section 24 of Hindu Marriage Act, 1955  either  of the spouses, husband or wife can be granted relief if th...

WELCOME TO ANALYSIS ON RECOVERY PROCESS & ENFORCEMENT OF INDIA LAW Written by: Sandigdha Mishra, ADV. PAYDIRT PROFESSIONALS OVERVIEW : ► CAUTION TO BE TAKEN AS A FINANCE DEPARTMENT. ► RECOVERY OF DEBTS – LEGAL FRAMEWORK IN INDIA. ► PROCESS INVOLVED IN RECOVERY:- ❖ RECOVERY U/S 138 OF NEGOTIABLE INSTRUMENT ACT, 1881. ❖ SUMMERY SUIT U/O 37 OF CIVIL PROCEDURE CODE, 1937. ❖ ORDINARY SUIT OF RECOVERY UNDER CIVIL PROCEDURE CODE, 1908. ❖ RECOVERY OF DEBT U/S 362 OF COMPANIES ACT, 2013. ❖ WINDING UP PETITION U/S 433 & 434 OF COMPANIES ACT, 1956. ❖ RECOVERY OF DEBT UNDER CRIMINAL COMPLAINT UNDER INDIAN PENAL CODE, 1860. ❖ RECOVERY OF DEBT THROUGH ARBITRATION UNDER ARBITRATION AND CONCILIATION ACT, 1996. CAUTION TO BE TAKEN AS A FINANCE  DEPARTMENT:- To recover a debt, finance department should do proper documentation and ensure that: ► Agreement should be properly executed. ► Scope of work (SOW) must be signed by both the parties with all payment terms. ► ...