Civil Law

Civil Law

The primary difference between civil litigation and criminal cases is that in civil cases one or both of the parties is seeking money or another form of compensation rather than criminal charges. In general, the prosecution in criminal cases represents the state in which the trial is taking place, but in civil cases both parties represent themselves, with the assistance of a civil litigation attorney or legal council.

  Guardian & Ward Law Disputes

Guardian & Ward Law Disputes

The Guardians and Wards Act, 1890 was a law to supersede all other laws regarding the same. It became the only non-religious universal law regarding the guardianship of a child, applicable to all of India except the state of Jammu and Kashmir. This law is particularly outlined for Muslims, Christians, Parsis and Jews as their personal laws don't allow for full adoption only guardianship. It applies to all children regardless of race or creed. Following is an overview of the act.

According to this act a minor/child is any person who has not completed 18 years of age. The court or appointed authority has the ability to decide the guardian of a child by appointing one a guardian or removing another as a guardian.

No order will be passedwithout an application. Applications should contain all possible information about the child and guardian and reasons for guardianship.

The collector of the district where the minor lives can be appointed the guardian of the child. A minor will not a appointed if the child or her/his property is under a court of wards, if the minor is married and her husband is fit to take care of her, or whose father is alive and is deemed fit to take care of her. Guardians are not meant to make a profit out of their office, but can receive remuneration as the court sees fit. A minor can not be deemed a guardian of another minor. A guardian is responsible for the health, education and support of the ward. Guardians who wish to move the child out of the courts jurisdiction may only do so with the permission of the court. Failure to get permission is a punishable offence. A guardian of property may not mortgage or sale the property of a ward without the permission of a will or the court who must act in the interest of the ward.

A list of the wards property, immovable and movable, must be submitted by the guardian to the court. The court can allow the guardian to take funds from the property, or use part of whole of the property of the child for maintenance of the minor. A court may remove a guardian for abusing the trust of the court and not fulfilling his role as a guardian. A person who no longer wishes to be a guardian can apply to the court for a discharge. Other punishable offences are: failure of the guard to produce the property of the ward, failure to produce the ward in court when requested, and failure to produce accounts. Reports produced by subordinates of the court or collector can be considered evidence by the court. Certain orders can be appealed in a High Court.

  Contract Disputes

Contract Disputes

Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. Occasionally, this is due to a contract that is written in fuzzy terms that creates disparate expectations in the signers, but usually it is because one party overextends itself and doesn’t have the money or employees to fulfill their obligations.

  Property Disputes

Property Disputes

Property law involves disputes about property ownership and damages to one person’s property or real estate.

There are many different types of property disputes that a civil litigation attorney may handle. One common one is property line disputes, in which one party alleges that a neighbor crossed the property line boundary between their two homes for building or planting.

   Personal Injury Or Tort

Personal Injury Or Tort

A tort is a civil case in which one party alleges that another caused them physical or emotional harm. Tort cases can take many different forms, and can relate to a person’s personal safety, safety of their property, and financial security.

Common torts related to accident and injury include assault or battery cases, and negligence cases in which one party alleges that a caregiver did not do their assigned duty. Personal injury includes Car Accident, Medical Malpractice, Slip & Fall.

   Tax Disputes

Tax Disputes

Tax authorities around the world have become more aggressive in targeting corporates, multinationals and high net worth individuals with claims of tax avoidance and evasion and other taxrelated issues.

Contentious areas include: Dawn raids Risk assessment and implementation of strategic measures Corporate offences and criminal issues relating to tax evasion Tax audits and investigations (domestic and cross border) Advice in contemplation of litigation and negotiations with tax authorities Tax appeals and judicial reviews Tax Treaty disputes and tax-related disputes under Bilateral Investment Treaties Mediation and arbitration of tax disputes.

Dispute resolution and settlement of disputes Our tax disputes practice has expertise to advise taxpayers, whether corporates and their board of directors or individuals, on strategies to deal with tax authorities, and the management of tax controversies from the outset, through litigation, mediation, arbitration or settlement. We also have top rated advisors in complex tax-related cross border disputes under Tax Treaties and Bilateral Investment Treaties involving tax authorities in multiple jurisdictions.

  Trade Marks & Patent

Trade Marks & Patent

The Trade Marks is a intellectual property. The Registry of the Trade Marks was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

A trademark identifies the brand owner of a particular product or service. Trademarks can be licensed to others; Trademarks serve to identify a particular business as the source of goods or services. A trademark may be eligible for registration.

A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property.

Intellectual property is intangible property that arises out of mental labor. It encompasses inventions, designs, and artistic work. Federal and state laws give certain rights and protections to those who develop creative works to exclusively control intangible assets in the form of:

  • Copyrights
  • Patents
  • Trademarks
  • Trade Secrets

The Constitution gives Congress the power to pass laws related to intellectual property. Article I, Section 8 of the U.S. Constitution gives Congress the authority to grant authors and inventors copyright and patent rights. Federal copyright law is found in chapters 1 through 8 and 10 through 12 of title 17 of the United States Code. Patent law is found in Title 35 of the United States Code.

Congress’ power to enact federal trademark protection is derived from the Commerce Clause. The Lanham Act is the primary statute that covers trademark law, but there are also state laws associated with trademarks. Most states have adopted part or all of the Uniform Trade Secrets Act, which protects any confidential business information that gives an enterprise an edge over the competition. Trade secrets include manufacturing, industrial, and commercial secrets.

In general, intellectual property rights are enforced by rights holders through civil lawsuits against the party that is infringing against the right through its conduct. The particular remedies for infringement vary depending on the types of intellectual property at issue.

   Copyright

Copyright

Copyright protection is afforded to “original works of authorship.” Copyright protection includes the right to reproduce, the right to create derivative works, the right to distribute, and the right to publicly perform. Contrary to popular perception, copyright protection does not extend to mere ideas, systems, concepts, principles, or discoveries in their abstract forms.

Instead, to be eligible for copyright protection, a work must be fixed in a tangible medium of expression from which it can be communicated either directly or with the help of a device. The medium can be known now, or it can be later developed. Copyrightable works include literature, music, dramas and plays, choreography, pictorial work, graphics and sculptures, motion pictures, sound recordings, and architectural work.

   Patent

Patent

A patent is a monopoly that provides an exclusive right to make, use, offer to sell, or sell a particular invention for a limited period. The purpose of giving inventors patent protection is to encourage inventers to invest their time and resources in developing new and useful discoveries. In order to get a patent, the application to the appropriate authority must demonstrate subject matter that can be patented, usefulness, novelty, non-obviousness, and enablement.

   Trademark

Trademark

To obtain trademark protection, a word, phrase, logo, symbol, shape, sound, fragrance, or color must be used in commerce by a producer to identify goods, and it must also be distinctive. Exclusive rights to a trademark are awarded to the first producer to use it in commerce. The second requirement of distinctiveness encompasses four traits: arbitrary/fanciful, suggestive, descriptive, and generic

   Trade secrets

Trademark

Trade secrets are information that derives independent economic value from not being generally known through appropriate means by other people who might obtain economic value from its disclosure or use, and that the holder of the trade secret strives to keep secret with reasonable efforts.

In the past, improper use or disclosure of a trade secret was a common law tort, which required six factors to be considered when deciding whether information counted as a trade secret.


In addition to proving that the trade secret qualifies for protection, a trade secret holder trying to enforce a trade secret needs to prove that a defendant wrongfully acquired and misappropriated the secret information.
The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention.
A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others, or at least to try to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission.

   Estate planning

Estate Planning

Estate planning arranges for the transfer of an individual's estate at the time of death. An estate consists of all property owned at death before it is distributed by will, trust, or intestacy laws. An estate may contain both real property (real estate, including houses and investment properties) and personal property (all other property, including bank accounts, securities, jewelry and automobiles).

Typically, the process of estate planning involves extensive consultation with a number of professional advisors, including lawyers, financial counselors, accountants and life insurance representatives.

   Purpose Of Estate planning

Estate Planning

Estate planning benefits those with large estates, as well as those with modest assets. Creating an estate plan ensures that all property will be distributed according to the personal wishes of the deceased, and that those who are benefiting from the estate receive the largest distribution possible with a minimum amount of delay.

Specifically, estate planning allows an individual to decide exactly who will benefit from their estate, and to what extent. Estate planning also ensures that the estate will not be destroyed by taxes imposed on the transfer of assets at death. In addition to providing financial security, estate planning encourages individuals to make important decisions, such as appointing a guardian for minor children, choosing healthcare preferences, and securing funeral arrangements.

   Estate planning Tools

Estate Planning Tools

An estate plan is created to reach the specific goals of the estate owner. A number of tools may be utilized to ensure the best possible distribution of assets. The basic instruments used in estate planning are listed below. However, individual estate plans depend on the size of the estate, the number of beneficiaries, and the purpose of distributions.

   The Will

Estate Planning Tools

The most common estate planning instrument is the will. A will sets forth who will inherit what property. Additionally, wills often appoint a guardian for minor children or specify what funeral arrangements should be made at the time of death. All wills must pass through probate, which may be a lengthy and expensive process.

As a result, the will's beneficiaries may not receive the entire share specified in the will, and there may be a considerable delay in the distribution of assets.

In the absence of a will or other testamentary instrument, the state will distribute an individual's estate according to the laws of intestacy. Generally, under the intestacy system, assets are divided in a particular order, to provide for a surviving spouse, issue, parents or siblings.

   The Trust

The Trust

A trust is an arrangement by which a trustee distributes payments or property to a beneficiary according to the terms of the trust. A beneficiary may be a family member, a friend, a charity or a pet.

A trust may be created during the individual's life, or it may be created by will. A trust created by will transfers property to the trustee at the time of the individual's death. By creating a trust, the beneficiaries to the estate bypass the probate process.

   Health care directives

Health Care Directives

Health care directives ensure that an individual's medical wishes will be carried out when they become unable to make their own health care decisions. Health care directives include a health care declaration and a power of attorney for health care.

Health care directives, also known as "living wills," set forth an individual's personal decisions regarding healthcare at the end of their lives. A power of attorney for health care gives a family member or friend control of all health care decisions leading up to the person's death.

   financial Power Of Attorney

Financial Power Of Attorney

Finally, a financial power of attorney appoints a third party to handle an individual's finances when they can no longer take care of their own financial affairs. A financial power of attorney may designate a friend, family member, or a trusted professional to fulfill this position.

   consulting

Financial Power Of Attorney

We offer law consulting services to clients in mediation or those who are attempting to achieve a resolution outside of court by negotiating directly with each other in an amicable dissolution, custody paternity, or post-judgment matter. We also consult with clients in the pre-separation stages where it may be too early to file a proceeding, but the appropriate time to define marital and/or custodial rights.

Additionally, we offer limited-scope representation in appropriate cases where clients are in need of legal counsel for a certain one-time matter such as a court hearing, deposition or mediation.