Corporate law or litigation..Read this to avoid confusion.

 

 CORPORATE LAW OR LITIGATION

Well many of the law graduates I have seen are confused whether to pursue corporate law or go for litigation, well why they are confused is that their heart say go for litigation and the brain say go for corporate. Well there is one myth which is prevailing that more money is in corporate, handsome paycheck etc. Litigation is difficult and you need uncle and contacts. So going for the corporate is a better idea for most of the graduates and I say this is the biggest mistake graduates do when they are confused. when their heart say something else and brain is shrouded by opinion of others.

 

 

 

 

 

 

Here are some points which one should consider before taking any decision.

1. You like to be independent and don’t want to be a part of ladder.

If you are thinking this way then corporate is not your cup of tea, in litigation you have 100% independence, here you have power to mold your time, well most part of your life will be in your office why not enjoy this time, so its litigation which can only award this privilege.

2. You like challenging work.

Litigation is a biggest challenge right from building reputation and clientele till the point you argue in court, everything is challenge and learning, you learn  from your mistakes to improve.

3. You like to meet new people everyday

If you like to meet and network with new people, well this is the  place for you, here meeting new people also pays your bills.

4.You want to have your own reputation

In corporate you will be known by law firm, you will be tagged as associate in bla bla firm, here you will be called as Advocate “your name”, in each case you will have your name and if its a landmark case then you will be a change to the society, sounds exciting.

Getting the fruits demands investment so is true with litigation, initially you will be investing later the fruits will be sweet, life is uncertain for a litigating lawyer but you will enjoy the uncertainty in which lies your growth. Choose wisely!!

Now question comes how I start litigation practice, well there is lot of negativity for starters, but first be sure what you want to do.

Also Read http://www.lexspeak.in/2015/06/how-to-start-your-own-law-firm-straight-out-of-law-school/

How to Start your own law firm-Straight out of law school.

How to Start your own law firm-Straight out of law school.

Starting a law firm straight out of law school seems like a crazy idea, for those who think its not possible then read on this article is for you to clear all your doubts. Having an Independent legal practice is a dream of many people but the dream is often shrouded in doubts when one think of having a law firm the following doubts do come into everybody mind. Now let me clear all these doubts with logical answers.

1.  Its too early to start?

Everybody thinks its too early to start, just out of law school want to start his own firm, crazy idea right!!, but let me tell you one thing, you did lot of internships during your law school, you have a fair idea what the work gonna be like, Ok now when you know a faint idea what the work will be like, you can do it. remember you can be a junior throughout your life and think “its too early”, now this is more crazier. Ok I concede that 8-10 months of junior ship is required but this you could have done in your law school,if you have done this then read on, if not then do it for 10 months not more than that. remember start learning from day 1 read books commentary etc soon you will be years ahead.

 

2. I don’t have experience?

Remember you would never have an experience until you start handling cases independently simple as that, even Ram Jethmalani did not had experience when he started so you are not an exception, handle your first case, keep a focus on first case handle it well, so it means you have started. This means you started gaining experience. Start with a small case, these days consumer cases are plenty and very easy to handle, focus on this then leap into the civil side, for corporate side people in corporate side you can do research for new startups and help them obtain licenses like service tax, pan, vat, ESIC etc to start with, but remember its more important to start.

 

3. I don’ have clients?

Ya true straight out of law school no one will come to you, but this is your myth a client need a lawyer who can solve his problem thats it. If you are the one who can solve his problem it does not matter if you have experience or not, anyways he is not checking your biodata. Focus on single client and do his work efficiently you will get more.

4. I don’t have money for office?

In initial years you can meet client at their place, they would love to have a meeting at their places, remember the more you be comfortable with client the more he will care for you. Have a meeting at his place, if you don’t have money for office doesn’t matter remember great companies and firms started in garages->”Apple”, Microsoft”, money is a secondary thing the first one is good quality work for client.

5.I don’t have uncle lawyer or contacts?

This is the biggest myth which would stop you, you don’t need any uncle or contacts, you need knowledge and good relationship with client, you need friends tell them you started off independently then see how many of them become your first set of clients, do their work with quality soon you will get another set, There will be tough times in which you wont get enough work but that is a temporary phase, you don’t need contact you need communication and socialization a strong clientele will follow soon. Remember focus on first set of clients i.e your friends and relatives. For corporate clients you need socialization in social corporate circles, got to events, conferences meet new people, be active on social media have a blog. soon people will contact you and you yourself will have contacts.

Also read. young-lawyers-dreaming-of-solo-legal-practice

 

Having your own law firm is the greatest thing you will do in your life. great things comes at a price and that price is”courage.”

For any help feel free to contact me

Adv.Nitish Banka

nitish@lexspeak.in

https://www.facebook.com/nitish.banka1

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How to prevent loan default?

Preventing loan default is a big problem especially for individuals, Since, being the part of the legal profession, I take it as my responsibility to ensure that Justice should not only be done, but seem to have been done. In today’s world where most of the financial transactions are done in the name of “friendly loans” without any precautions being taken because of the long lasting friendship and trust factor involved in it. In most of the cases as a matter of precaution a blank cheque is being taken for security purposes, but now the question arises is whether the cheque taken is sufficient to recover the money if the friendly terms do not remain the same as they were when the loan was given. The answer to it is long lasting litigation U/S 138 NIA without any other proof or if the person is lucky enough then settlement. But if the nothing positive happens the money as well as the friendship is gone forever.

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Suit under section 6 specific relief act-preventing homeless

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The purpose of this enactment is to prevent the unlawful dispossession of any person from the property. If the dispossession is done the only remedy is under this section which is the restoration of possession. The suit is lodged under this section is irrespective of the title of a person who has been dispossessed.

Restoration of possession requires summary enquiry as to whether plaintiff was in possession within period of 6 months prior date of suit and was disposed otherwise than course of law held in M sanwani vs. tanu isram Bisan AIR 2007(NOC) Bom 1355, therefore law says that possession of property is prima facie as good as title until contrary is proved.

property

Features of section 6

  1. Suit is lodges within a period of 6 months from date of dis possession.
  2. Only previous possession needs to be proved.
  3. No title is required. Even a trespasser has a remedy.
  4. Summary proceedings.
  5. No revision or appeal lie as per sub section 3 of section 6
  6. Half the court fees of the value of the property.

The suit is based on fact that law respect the peaceful possession and frowns at forcible dispossession of a person who may have lost the right to continue by which he acquired possession. Madal Lal V. Ravi Kumar Air 2004 J&K 148.

 

 

Cruelty for the purpose of Divorce

Getting Divorce on Cruelty

The degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important than proving cruelty than proving it beyond reasonable doubt.

In recent judgement

 

Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental trauma due to conduct of the other.

cruelty

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About 498a

Understanding 498a cruelty

498a envisaged in indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted by various judgments by courts in India. But for a layman wife even domestic wear and tear of marriage life causes husband to face harassment, normal quarrels in house can land up husband and his relatives in jail, that is why it is termed as legal terrorism.

498a cruelty

cruelty on husband

however correct legal advice along with correct legal techniques can save thousands of witness, there is a mechanism of quashing false case, and in some cases quashing is the most efficient and fastest remedy, but there are some cafeteria for this, in most cases the high court tells to face trial, yes quashing can happen through high court.

Mediation in 498a, yes 498a does calls for mediation and it is also very good remedy to extract evidence of other side and if mediation is used as a tool, it can bring lot of benefit.

There are other ways also to solve this issue, like in cross examination only the husband can break wife false evidence. remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence,eye witnesses,watsapp and email messages.

sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence. Nowadays such false cases are best way to extract money from the innocent husband.

For wives if they are thinking of lodging a false case that means its an end to their marriage.

By. Adv. Nitish Banka

B.E LLB(Hons)

9891549997

Divorce in India.

There are two kinds of divorce in India one is contested divorce and the other one is the mutual consent divorce.

In the contested divorce the divorce proceedings are ugly and time consuming, apart from other proceedings your wife can lodge 498a, which is a terror on Indian men, its a criminal offence and is widely misused here are some guidelines if you are a victim of this. Here is another help a step by step method to solve 498a. There are many judgments in the favor of Indian men to get out of 498a. Quashing of 498a is another option. These days mediation is also helpful to fight this legal terrorism.

divorce in india

divorce in india

Other proceedings is maintenance u/s 125 crpc, read here to know about it and there are many ways to reduce this maintenance, even the order of interim maintainence can be challenged. Other proceedings includes the domestic violence proceedings which is also a misused provision when divorce is a contested on.

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what is 125 Crpc?

125 Crpc is  special proceedings envisaged under the criminal procedure code for awarding maintenance to wife, old parents and children, ours is a social welfare society, taking care of women, children and old parents is the values which we are getting from vedic times. However the legal mode to execute this is under 125 Crpc.

Under 125 Crpc an application  can be made to family courts in court of district judge,however there is no provision of getting maintenance pending application, but an interim application can be moved in order to get pedente lite, means maintenance under litigation.

some women misuse this provisions here are some important judgments to help men.

however women also don’t get maintenance on time sometimes from men this means its a violation of human rights as held by supreme court.

125 crpc is also for divorced women and there is no limitation period for the application under 125 crpc.

The burden of proof is on the husband and he has to discharge this and there are bargaining tools to reduce maintenance amount.

The order of interim maintenance is not a interlocutory order and is revised held by punjab haryana high court.

So there is a law to protect men from misuse of the law and also to protect women

125 crpc is so strong that it is applicable even if there is an agreement between wife and husband that wife will not take maintenance as such agreement is against public policy.

By-Nitish Banka

B.E LLB(HONS)

9891549997

5 Things Startups may do to avoid litigation..

Here are the quick tips startups can implement to avoid startup litigation. recently there have been very good startups ending up in courts fighting cases and tarnishing reputation like recent case is of TVF pitchers, fighting for equity stake in the company. Here are the 5 quick tips.
1. Have an agreement
A startup running without a legally enforceable agreement is a recipe for disaster, clear and unambiguous agreement between the partners, employees, vendors reduce the chances of litigation.
2. Abidance with the compliance’s-Do you know government is the biggest litigator in Indian courts, have a competent team of CS CA lawyers to avoid litigation by government in CLB, Income tax tribunals, ED, EOW etc.


3.Robust customer redressal system- Don’t treat your customer badly, they can approach consumer forum for redressal if you fail to redress their legitimate claims.
4.vendor payments- Make sure you pay your vendors on time or else they may sue you for recovery civil suit or your startup can end up in arbitration.
5. IP Policy-make sure all your intellectual property like copyright, TM,designs, patents are registered and are in the name of company, not in the name of employee.
Follow these tips and reduce litigation save time save money.
Thanks & Regards,
Adv. Nitish Banka
Founder Lexspeak
9891549997

5 Myths about litigation|that you should let go

  1. You need godfather, contacts, backing

Yes things do get easier when you have the contacts, godfather and backing, but it does not mean without this its impossible to enter litigation. Days were long gone when only godfather, contacts, backing were an important factor in litigation. Today there are many other ways to start your own practice without any support, the internet has provided a medium to communicate with the people, learn the power of internet to get started.Today client demands good quality work, even if you have one client do his work really well other clients will join and soon you will be a contact making machine.

2. Too much struggle plus no money

Yes indeed litigation is demanding, lot of struggle yes little money initially but if you are passionate about litigation then only enter this area, regarding struggle and no money, i say litigation is similar to entrepreneurship, which is quite exciting and thrilling, so choice is yours chose a 9 to 5 legal job or go for a roller coaster ride. So you have to view struggle with different perspective and then only you will find motivation. Earning money will also not be difficult only perquisite is passion.

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