Firm Services

Firm Services & Law History

     Law of India refers to the system of law in modern India. India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified forms today. During the drafting of the Indian Constitution. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those onintellectual property, are also enforced in India. Indian family law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state ofGoa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption

Criminal Matter

The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

A criminal case is a lawsuit brought by the state against a person who has broken a criminal law. They are usually filed by the district attorney (also called the "DA"), which represents the state, against 1 or more defendants. Only the state, not another person or company, can bring criminal charges against you. The penalty for being found guilty of a crime is jail or prison time or a fine (or both)

Civil Matter

"Civil" cases are the cases in which private citizens (or companies) sue each other in court. Civil cases are not about breaking a criminal law . General civil cases, usually involving suing someone for money in disputes over things like contracts, damage to property, or someone getting hurt. Family law cases such as divorce, child support, child custody, and adoptions.

Contract Matter

The main contract law in India is codified in the Indian Contract Act, which came into effect on 1 September 1872 and extends to all India except the state of Jammu and Kashmir. It governs entrance into contract, and effects of breach of contract. Indian Contract law is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act. The Contract act is the main and most used act of legal agreements in India.

Labour law

Indian labour laws are among the most restrictive (for the employer) and complex in the world according to the World Bank.

Indian tort law

The development of constitutional tort law in India began in the early 1980s. It influenced the direction tort law in India took during the 1990s. In recognising state liability, constitutional tort deviates from established norms in tort law. This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances. Law commission of India's first report was relating to the Liability of the State in Tort. This report was submitted by the Law commission of India on 11.5.1956. State owes tortious Liability under Article 300 of Indian Constitution.

Civil Laws

Indian tax law is an extremely complex body of law, with several different taxes levied by different governments. Income Tax is levied by the Central Government under the Income Tax Act, 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislation at the state level. The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law." Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature. In 2010-11, the gross tax collection amounted to 7.92 billion (Long scale), with direct tax and indirect tax contributing 56% and 44% respectively.

Trust law

Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognise "double ownership", and a beneficiary of trust property is not the equitable owner of the property in Indian law.

Family law

Indian family law and Dowry law in India

Family laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Recent reform has affected custody and guardianship laws, adoption laws, succession law, and laws concerning domestic violence and child marriage.

Hindu Law

As far as Hindus are concerned Hindu Law is a specific branch of law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India.[citation needed] Jains, Sikhs and Buddhists are also covered by Hindu law.

Muslim law

Indian Muslims' personal laws are based upon the Sharia, which is thus partially applied in India, and laws and legal judgements adapting and adjusting Sharia for Indian society. The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law. Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes. The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts. The concept of the judicial precedent and of 'review by the courts' is a key component of the British common law upon which Indian law is based. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. The very Source of the Muslim law are divided into two categories : (1) Primary Source (2) Secondary Source

1)"Primary Source" As per Sunni Law:
Quran
Sunna or Ahdis (Tradition of the Prophet)
Ijma (Unanimous Decision of the Jurists)
Qiyas ( Analogical deduction)
As per Shia Law:
Quran
Tradition (only those that have come from the family of the Prophet)
Ijma (only those confirmed by Imams)
Reasons

2. "Secondary Source"
Custom
Judicial Decisions
Legislation
Salient Feature of Quran:
Divine Origin
First Source
Structure
Mixture of Religion, Law and Morality
Different Forms of Legal Rules
Unchangeable

Christian Law

For Christians, a distinct branch of law known as Christian Law, mostly based on specific statutes, applies. Christian law of Succession and Divorce in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents.
Christian family law has now distinct sub branches like laws on marriage, divorce,restitution, judicial separation, succession, adoption, guardianship, maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship.

Nationality law

Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, theParliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.

Law enforcement:

Law enforcement in India is undertaken by numerous law enforcement agencies. Like many federal structures, the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of India. At the federal level, the many agencies are part of the Union Ministry of Home Affairs, and support the states in their duties. Larger cities also operate metropolitan police forces, under respective state governments. All senior police officers in the state police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS) and Indian Revenue Service (IRS), one of the civil services.

Law Firm

Law firms can be small or can be huge. The smallest law firms are lawyers practicing alone, who form the vast majority of lawyers in nearly all countries. Smaller firms tend to focus on particular specialties of the law (e.g. patent law, labor law, tax law, criminal defense); larger firms may be composed of several specialized practice groups, allowing the firm to diversify their client base and market, and to offer a variety of services to their clients.

Services Overview

Large law firms usually have separate litigation and transactional departments. The transactional department advises clients and handles transactional legal work, such as drafting contracts, handling necessary legal applications and filings, and evaluating and ensuring compliance with relevant law; while the litigation department represents clients in court and handles necessary matters (such as discovery and motions filed with the court) throughout the process of litigation.

Contact Us

RAJESH SINGH
OFFICE NO. 08, 1ST FLOOR, 7/10, BOTAWALA BUILDING, HORNIMAN CIRCLE, OPP. ASIATIC LIBRARY, FORT, MUMBAI - 400001.

Telephone: 022 - 66664222
FAX: 022 - 66106561
Mobiles: +91 - 9833445852
E-mail: advrajesh@singhlawfirm.in
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