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Layoff or Wrongful Termination? Understanding Your Rights

by admin | Nov 19, 2024 | Your Rights

Is there any difference of one is taking place in garb of the other. It’s understandable that the lines between “layoff” and “wrongful termination” can seem blurry, leading to confusion and potentially missed opportunities for justice. Here’s a clearer breakdown of...

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Defence Mechanism Against False Implication

Possibility of false implication Is a perfect time for action to start researching recollecting and protecting the evidences either in documentary shape or otherwise to protect plausible difficulties in near future. If your intuitions are indicating that in near future, there can be a false implication. You should never ignore it.

In most of the cases of domestic abuse by the family member or living partner in cases where love affair went wrong, in cases of false implication in rape case by the ex-Girlfriends requires; A preventive strategy to protect the family members friends and properties; Inter-cast marriages, inter-religion marriage against choice of the family members requires proper preparation for all the future implications.

Filing complaint against the girlfriend or the spouse prior to registration of crime is seems like a general Method to raise concern at prior stage; But many times, it becomes an admission which goes against the one who is filing a prior complaint; Many times, it proves to be a good strategy in the end; But proper legal advice after discussing the facts thoroughly is necessary otherwise the general approach can easily backfire.

General Provisions used for Resolution

1.) Complaints before various appropriate authorities including but not limited to police or private complaint before JMFC,

2.) Section. 482 Code of Criminal Procedure, 1973 / Section. 528. Bharatiya Nagarik Suraksha Sanhita, 2023

3.) Section. 156(3) Code of Criminal Procedure, 1973 / Section. 175(3). Bharatiya Nagarik Suraksha Sanhita, 2023

4.) Article. 226 Constitution of India

5.) Article. 32 Constitution of India may be of help in rare cases.

Family/Matrimonial Disputes

This is one of the biggest area of disputes and litigation from Partition, Divorce, Restitution, Annulment, Domestic Violence, Dowery, Maintenance, Protection, Guardianship-Custody of Children and many others.

General Provisions used for Resolution

Complaints before various appropriate authorities including but not limited to police or private complaint before JMFC,

1.) Section. 12, 18-23 of Domestic violence Act.

2.) M.P. Maintenance & Protection of Parents and Senior Citizen Acts 2007 and rules made thereunder.
3.) Section 8 Guardian Ship and Wards Act

4.) Section 14 Family Court Act

5.) Section. 125 Code of Criminal Procedure, 1973 / Section. 144 . Bharatiya Nagarik Suraksha Sanhita, 2023

6.) Section. 156(3) Code of Criminal Procedure, 1973 / Section. 175(3). Bharatiya Nagarik Suraksha Sanhita, 2023

7.) Section. 482 Code of Criminal Procedure, 1973 / Section. 528. Bharatiya Nagarik Suraksha Sanhita, 2023

8.) Article. 226 Constitution of India

9.) Hindu Marriage Act

10.) Special Marriage Act

11.) Muslim Laws

Cyber Crimes/Fraud

From simple post or tweet to causeway frustration to all the way duping corals of rupees via Internet is normal these days; The range of the Cyber-Crimes are bringing new designs every day including, but not limited to cyber arrest; Fraud/Spam Calls; False Echalan/Fine Recovery; Undue Banks Freezing via False complaints.

Handling such a case Needs experience and particular skill set to cross many hurdles including Proving this kind of wrong in terms of information technology act to the mechanism provided in Indian evidence act to prove digital documents.

General Provisions used for Resolution

1.) Section. 482 Code of Criminal Procedure, 1973 / Section. 528. Bharatiya Nagarik Suraksha Sanhita, 2023

2.) Section. 156(3) Code of Criminal Procedure, 1973 / Section. 175(3). Bharatiya Nagarik Suraksha Sanhita, 2023

3.) Article. 226 Constitution of India

4.) Article. 32 Constitution of India

Police Wrongs

The list of Police Wrongs is very long. Mostly, it starts so with wrong investigation, fevering one party illegally Thereafter it turns into Registering false report from the side of accused against the original victim and most of the time it is like converting a civil transaction or a civil dispute in criminal nature, at minimum is illegal detention and the most heinous form is custodial death all of these needs a very particular skill set to address the actual wrong before appropriate forum In appropriate proceedings including applications of bail, monitoring of investigation via Judicial Magistrate or High Court accordingly.

The method, procedure and provisions vary on account of the available facts and evidences at hand Needs detailed scrutiny.

General Provisions used for Resolution

1.) 482 Code of Criminal Procedure, 1973 / Section. 528. Bharatiya Nagarik Suraksha Sanhita, 2023

2.) 156(3) Code of Criminal Procedure, 1973 / Section. 175(3). Bharatiya Nagarik Suraksha Sanhita, 2023

3.) 438 Code of Criminal Procedure, 1973 / Section. 482. Bharatiya Nagarik Suraksha Sanhita, 2023

4.) 439 Code of Criminal Procedure, 1973 / Section. 583. Bharatiya Nagarik Suraksha Sanhita, 2023

5.) 226 Constitution of India

6.) 32 Constitution of India

Divorce & Separation

Judicial separation offers a temporary break from marital duties, while divorce ends the marriage permanently; In terms of religion, the provisions differs And many times the forums also differs Looking to the applicability of law, for Few times the intervention of court Is not required; For example if a Muslim couple wanting a divorce, they do not need to go before the court However, a Hindu couple must reach before family or civil court.

If the parties are not wanting anything but divorce and separation then the implications are very less. But if any of the party is wanting right/share in the property; Then the implications depends upon the demand and the choice of the opposite party to meet out those demands; Many times a case of divorce is not a simple case of divorce but it becomes a battle to get the bigger piece of pie; And if the couple is not interested in convenient divorce; Contesting a divorce case requires a peculiar kind of skill set to get the relief of divorce along with other adjacent rights and properties.

But if the couples are still in talking terms the battle need not to be blood shattering and by the appropriate counselling which can be provided at different level by involving different authorities and many times, ADR Can save time as well. For these kind of counselling at different kind of council/advocate is required; Who can converse with facts, emotion and laws with all the appropriate angles to convince both the parties to come at same page.

Many hardcore advocates practising strictly by the law fails in reaching the righteous target of saving the family and solving dispute without bloodshed; As there is saying that in a family dispute husband and wife both get defeated And the ultimate winner is the time therefore the new approach of bringing couples at the same page by making attempts of different counselling is the difference of the age.

Aish Goyal

Advocate Aish Goyal is a committed legal professional dedicated to delivering comprehensive legal services with a focus on client satisfaction. He specializes in providing expert legal advice, thorough research, and precise drafting of legal documents.

With a strong record of success across various courts, he is passionate about protecting his clients’ rights and interests. Advocate Goyal also actively supports social causes through pro bono work and legal aid initiatives. Whether you require assistance with a complex legal issue or need practical guidance, he is dedicated to offering reliable support and expert counsel.