A defamatory statement is one which imputes conduct or qualifies to disparage or degrade any person or expose him to contempt, ridicule or public hatred, or to prejudice him in the way of his office profession & trade.   The standard test of defamation is the reasonable man, the court will decide whether if a […]

Your interim maintenance /maintenance case is pending and you wish not to give the amount to your wife. Here are some tips to help you-: 1. Show lowest possible income. You must show to the court that you are earning very less and you would not be in a position to maintain your wife if […]

These days we see lot of digital marketing companies and freelancers which are doing excellent job in running marketing campaigns. But what a customer of these digital marketing companies don’t know that they may be under a risk of serious legal liabilities because of digital marketing campaigns. Like any other advertisements, digital marketing is also […]

Are you an E commerce start up? Having terms and conditions on your webpage is mandatory part on webpage, But do you know what’s its legal sanctity and why it is useless on your site? Like any other transaction the E-commerce transactions are akin to the sale of good transaction in the real world. Now […]

Wishing to enter into an agreement with computer hardware/software vendor If you are a startup these are the essentials you should keep in mind before entering Turnkey agreements. 1. The purpose of this agreement is for purpose of fully operational computer system. 2. Parties to this agreement customer & supplier. 3. 48 clauses[43 general clauses […]

Rash and negligent driving Section 279 of IPC covers rash and negligent driving for prosecution of cases where driver of the motor vehicle likely to injure or endangers human life. Main constituent of this section are Rashness Negligence Rashness is an act of haste, this means doing an act without foreseeing the consequences of the […]

A will is a document which acts as commanding document for management of the estate of a deceased person. But to make a will effective one must probate it before the court of law. The appointed executor of the will is the person who has the responsibility to undertake the process of probate. Under the […]

Thinking of filing E-mail communication,watsapp chats, facebook chats as evidence. Think again make sure you comply with section 65B of the evidence act as these evidence are termed as electronic records. Nitish BankaNitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997 lexspeak.in

If you have presented your cheque and it has bounced  and you did not take any action and after few days you again presented the cheque and it again gets bounced, what will you do? since you have not taken any action in first instance will you now be allowed to take it? the answer […]

A Benami property is a property wherein the person who actually pays the consideration of the property (purchaser), purchases the property in the name of other person (benamidar), however the purchaser did not intends to make that other person beneficiary of the propertyThe sole purpose of Benami transaction is to facilitate the purchaser to hide […]