Adv. Sandigdha Mishra "Be Aware"

A Contract is a legally binding agreement that exists between two or more parties to do or abstain from doing something. There are more aspects to a valid contract than just agreeing to some terms and signing a piece of paper. In fact, a valid contract is made up of several elements and, if any of the required elements are missed, the contract could be considered invalid and incapable of being enforced. A contract is an exchange of an act or promise between two or more individuals or business entities. It involves one party (or a group of parties) offering something of value to another party (or group) as payment for a service, item, action, etc. For instance, Residential Lease is a contract between a landlord and tenant in which the tenant pays the landlord rent in exchange for a place to live. According to  section 2(h)  of the Indian Contract Act,1872, ‘An agreement which is enforceable by law is a Contract’. Salmond- “ A contract is an agreement creating and de...

OFFENCE:- By Sandigdha Mishra advsandigdha@paydirtprofessionals.com Offence is a breach of  law ; a crime. The  term  is used to indicate a violation of public rights as opposed to private ones. For example,murder is an  offense  whereas libel is not. Section 2(n) of  CrPC  defines an  offence  as: " Offence " means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made  under  section 20 of the Cattle-trespass Act, 1871  Offence - Criminal Procedure Code(CrPC):- The object of Criminal Procedure Code is to provide machinery for the punishment of offenders against the substantive Criminal law.   In layman's language, the Criminal Procedure Code lays (CrPC) the rules for conduct of proceedings against any person who has committed an offence under any Criminal law, whether it is I.P.C or other Criminal law.   TYPES ...

Why Basic Legal Education is Necessary ? By Adv Sandigdha Mishra advsandigdha@paydirtprofessionals.com There are certain laws and regulation, basic knowledge of which is very necessary for a person, even if doesn't belong to a group which is related to legal field. If you don't belong to legal field, then have you ever thought  " What would you do if someone stops you from going somewhere? ",  " What would you do if someone stops you from entering a public place ? ",  " What would you do if someone denies you an opportunity without any valid reason? ".  If I am not wrong, Your answer would be " Yes, I have a right to do that thing, and the person who is stopping me from doing such an act is infringing my right". But, the question is  " Which Rights? ",  " How to enforce it ?",  "  Am I interested in enforcing those right ? or  " Even after knowing those rights I couldn't enforce it, because I ...

Public legal education By Adv Sandigdha Mishra advsandigdha@paydirtprofessional.com  It is the empowerment of individuals regarding issues involving the law.Legal awareness helps to promote consciousness  of legal culture participation in the formation of laws and the rule of law Public legal education, sometimes called civics education, comprises a range of activities intended to build public awareness and skills related to law and the justice system. This term also refers to the fields of practice and study concerned with those activities, and to a social and professional movement that advocates greater societal commitment to educating people about the law.  public legal education is principally aimed at people who are not lawyers, judges, or degree-seeking law students. The term "public legal education" (PLE) is related to, and may encompass, several similar terms.The terms "public legal information" an...

Legal Awareness:-  By Adv.  Sandigdha Mishra advsandigdha@paydirtprofessionals.com Legal awareness lies at the base of any effort toward legal empowerment.  Critical knowledge of legal provisions and processes, coupled with the skills to use this knowledge to realize rights and entitlements will empower people to demand justice, accountability and effective remedies at all levels.  Legal awareness sometimes called Public legal education and civics education is the empowerment of individuals regarding issues involving the law.  Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law. It comprises a range of activities intended to build public awareness and skills related to law and the justice system. This term also refers to the fields of practice and study concerned with those activities, and to a social and professional movement that advocates greater societal commitment ...

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 ...