Vidhikarya

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About Vidhikarya

Vidhikarya is an endeavor to help individuals and organizations to get their legal work done in a cost effective and efficient manner. Vidhikarya understands the need of its clients as well as the criticality of their legal matters. Vidhikarya is an endeavor to help individuals and organizations to get their legal work done in a cost effective and efficient manner. We all understand that every legal matter is a bit complex and tedious, and we would like to focus on every aspect of our client�s legal matters in order to get them resolved at the earliest.

Can couples get separated without a divorce?

Vidhikarya09 Dec, 2021Legal

In India, divorce is still considered a social taboo. Couples often tend to neglect things in a relationship and carry on with the same situation, sometimes due to societal and family pressure. In the 21st century when same sex marriage has been declared legal by India, it is important to understand that Divorce is a natural process as much as solemnization of marriage is, and there is no big deal when a couple decides to get a legal divorce and lead their own life. But at the same time, it is equally important to know that there are other ways too through which a couple decides to live separately on mutually agreed terms without actually involving real legalities and lengthy procedures of divorce.

A Complete guide on new e-commerce guidelines by GOI

Vidhikarya09 Dec, 2021Legal

In several nations, e-commerce is regulated. India, like other countries, has the authority to control the conduct of corporations operating on its territory. This is why the Indian government has enacted e-commerce-specific legislation. The Indian e-commerce market, on the other hand, has become a haven for global behemoths. Wal-Mart and Amazon, for example, are currently the most powerful players in the Indian market. Many of these global corporations were found to be breaking local laws. Rather than respecting the rules in letter and spirit, these global corporations have attempted to get around them.

�Online Filing� of Consumer Complaint

Vidhikarya09 Dec, 2021Legal

A Consumer is the backbone of the Indian Economy by purchasing the goods and services provided to them; therefore, it is necessary to protect their interests. It is the right of the consumers to receive standard quality products. But in certain situations, these consumers become the victim of the profound deficiency of goods and services. Thus a Consumer Court was established under Consumer Protection Act, 1986 to provide timely and effective adjudication of disputes connected to Consumers. The Consumer Courts are formed at three levels: District, State, and National Level, depending upon the monetary valuation fixed by Law.

VALIDITY OF AN UNREGISTERED SALE AGREEMENT

Vidhikarya09 Dec, 2021Legal

A Sale Agreement constitutes all the terms and conditions of the sale of a property (movable or immovable) to the buyer. Under the Indian Registration Act, 1908, an agreement for the transfer of rights of immovable property of value more than Rs. 100/-, is required to be registered. Section 54, under the Transfer of Property Act, 1882, defines Sale as a transfer of ownership for a price and in case of transfer of immovable property of a value exceeding One Hundred Rupees, can be done only through a registered instrument. This is important to note that Section 54 only mandates registration of the sale deed, i.e.,

PERMANENT CHILD CUSTODY

Vidhikarya09 Dec, 2021Legal

?Legal Custody?, in a family law context, is a type of Child Custody that grants a parent the right to make long-term, important decisions regarding their children. The issue of ?Child Custody? arises during judicial separation or divorce proceedings, where it becomes an important issue to be solved by the courts. It refers to the process of caring, controlling, and maintaining the child of age less than 18 years by the custodial parent to whom the Court has granted the rights under the decided parameters such as lifestyle, financial security, and understanding with a child etc. The major rights of nurturing the child with respect to medical, education, development physically and emotionally etc., lies with the parent having custodial rights while the non-custodial parent holds only the right to access and meet the child. Generally, both the parents are provided with the right of access to the child, but usually, the physical custody of the child is granted to one parent only.

FILING OF COMPLAINTS AGAINST BIASED JUDGES - PROCEDURE

Vidhikarya09 Dec, 2021Legal

Complaint in case of a judge cannot be about a poor judgment or order. For that, there is a facility of correction, analysis, or appeal to the higher Judiciary. So, in what circumstances can people complain against judges? Plausible bad or irresponsible behaviour of judge include being impolite to other people or having bad body language, actions or behaviour towards the other person It can be when a judge is making natural or inconsiderate behaviour in making irrelevant or insensitive statements or comments which doesn?t go by rules of what judge is expected to do in line with judicial duty. Here it is vital to add that though India has taken over many provisions and procedural laws from British, one won?t be able to find such clear and complete information on any formal website within India.

Early Disposal Of Pending Civil Cases � Directions From The High Court

Vidhikarya09 Dec, 2021Legal

The Civil Procedure Code, 1908, controls the civil procedure of courts in India. The unified Code in civil court procedure has allowed several suits to stay for decades. In most cases, the only need for the Judge is to record reasons in writing. Section 148 of CPC gives power to the Court to enlarge the time fixed by it with regard to an act prescribed or allowed by the CPC. Once a plaint has been filed, the summons is issued to the defendant to appear and defend the claim and file his statement of defence within 30 days from the date of service of summons. A summons is an intimation sent to the other party (defendant), delivered through an officer of the Court, but the Court may allow service by registered post with a due acknowledgement, approved courier services, fax or email. Every summons must be sent with a copy of the plaint and should be signed by the Judge or other officer decided by the Judge and sealed with the seal of the Court.

MSME DEBT RECOVERY PROVISIONS

Vidhikarya09 Dec, 2021Legal

Micro, small and medium enterprises have always been one of the main growth engines of the Indian Economy. In recognition of their contributions, the Indian Government has formulated various incentive plans to strengthen and improve the competitiveness of the MSME sector. The Government promulgated the ?Micro, Small and Medium Enterprises Act 2006.? This law gives MSME many exclusive rights so that it can further strengthen its economic activities. MSMEs around the world face limitations in maintaining combat readiness. Due to the lack of MSME capital, payment delays are a serious problem. A World Bank Group report released in January 2014 stated that 35 per cent or one in three MSMEs receive their payment only after 90 days or even more. While larger corporations are able to alleviate the adverse effects of delayed payment but managing the cash flows is a struggle for MSMEs because of the nature of their businesses.

Standard form of contract - Legal or Illegal?

Vidhikarya09 Dec, 2021Legal

Generally speaking, standard contracts are imbibed with the common 'take it or leave it' clauses. In such situations, the other party has almost no power to negotiate the terms laid down in the contract; they can either accept the terms as it is or reject the entire contract. Therefore, the basic right of negotiation is largely curtailed by a standard form of contract. Such contracts are generally entered into between a service provider and its customers, including insurance companies and other sale and purchase agreements. There is no distinction between general contracts and standard form of contracts under the Indian Contract Act, 1872. All provisions of the Act equally apply to all contracts. The reason for the popularity of standard form of contracts is the ever-expanding business activities of an organisation.

Unnatural Sex with a Female has been classified as Rape under section 377 I.P.C.

Vidhikarya09 Dec, 2021Legal

Unnatural Offence is an act or behaviour to commit a crime that is contrary to what is considered a natural offence. Section 377 of the IPC deals with the unnatural offences that state that ?whoever voluntarily has carnal intercourse against the order of nature with any woman, man, or animal, shall be punished with life imprisonment or with the imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.? According to the interpretation in this section, penetration is enough to constitute carnal intercourse. This section refers to the English law offences of sodomy and bestiality. Consent is immaterial in the cases of unnatural offences, as the text of this clause indicates, and the party consenting would be accountable as an abettor. This section is intentionally unclear since it is impossible to determine what goes against nature?s order.