by Aggarwals Associates | Jul 15, 2021 | Criminal Lawyers
It is evident to say that it is a difficult undertaking for a layman to discover the Best Criminal Lawyers in Chandigarh owing to a lack of knowledge about the legal circle. Internet is an ocean of information and it is flooded with numerous websites which provide a listing of lawyers in various cities by diving them into different categories. A vast majority of individuals rely on the information given on the internet whereas, some people put faith in personal references. However, you can find solutions for your all legal troubles by making contact with one of the Best Law Firms in Chandigarh namely Aggarwals & Associates which provides a team of the best Criminal Lawyers in Chandigarh.
Our Criminal Lawyers possesses the huge experience and great knowledge which help clients to get positive outcome before the court of law.
How to make the search for Criminal Lawyers in Chandigarh?
You can make the search for Criminal Defence Attorney in Chandigarh via online mode for example by using search engines like Google and Bing etc. Thereafter, you need to figure out some lawyers dealing in criminal cases having good ratings and reviews. Apart from this, you can even visit the online website of selected lawyers to get some information like the experience of such a lawyer, what is his/her primary area of practice, and what is the fee structure, etc.
Moreover, there are countless legal directories that categorize lawyers according to their area of practice and place of practice as well. These platforms also give ratings to the lawyers on the basis of queries resolved as well client satisfaction.
On the contrary, you can choose a Criminal Lawyer from suggestions you received from your friends, family members, and colleagues, etc. It’s up to you to decide about the way of making a search as per your comfort.
What qualities do Criminal Lawyers must have?
Justice matters to society as it makes survival possible for each and every individual on earth. Hence, you must ensure that you have hired the Best Criminal Lawyers in Chandigarh in your legal journey to seek justice from the court. The criminal trial consists of various stages; therefore, it is important to protect your rights at each and every stage. It is only the top-rated Criminal Lawyer who can protect your best interests during court proceedings.
The following are some qualities you should look for in your Criminal Lawyer: –
- Experience: – A Huge experience in litigation reflects the good impression of a Criminal Lawyer. If you go with a lawyer with less experience, you might get yourself into trouble. Even if you are facing charges under a small offense, it is mandatory to select an experienced lawyer to defend your case.
- Communication: – Communication between you and your lawyer is extremely important. It’s vital that you have a Criminal Lawyer who is easily accessible. Effectual communication with your lawyer will assist you to understand the laws applicable in your case as well as remedies available for you.
- Representation: – Your criminal lawyer should have good oratory proficiency and be able to maintain dedication, willpower, and focus to accomplish the best possible outcome in your case. A strategic approach must be adopted by your lawyer while representing your case before the court.
- Knowledge: – You have to hire a legal professional who specializes in criminal law. A well-informed criminal lawyer will be familiar with your case and can come up with a suitable defense to help you get out of the problem.
- Analytical skills: – Since you are searching for the Best Criminal Lawyers in Chandigarh, so it is always advisable to finalize the one with wonderful analytical skills. Having analytical skills is required in the present times there is a huge number of legal practitioners out there. There are some situations where the lawyer has to manipulate the facts before the court so he/she must be able to use this art. So it is fundamental to be careful while choosing Criminal Lawyers in Chandigarh.
by Aggarwals Associates | Jul 13, 2021 | General
My NRI husband dumped me. What can I do?
Ans: If your NRI husband abandoned you in India, then you can file a complaint/FIR U/s 498 A of IPC on grounds of cruelty in the local police station. Just in case, your husband abandoned you in a foreign country then you can approach any authority among the local police station, the Indian Embassy in such a country, the employer of your husband, and local Indian NGOs working for abandoned women.
Can I register an FIR against NRI in India?
Ans: Yes, you can register an FIR as Section 188 of the Cr.P.C. provides that offences committed by the Indian Citizens outside India would be deemed to have been committed within the territory of India.
Can my parents file a complaint against my husband?
Ans: Yes, persons related to wife by blood, marriage, or adoption can file a complaint under Section 498-A of IPC.
What is Section 498-A IPC?
Ans: This Section deals with the cruelty to a woman by her husband and relative of husband. Cruelty may be physical or mental. Abandonment of wives by NRI husbands also comes under this Section.
What is the punishment under Section 498-A IPC?
Ans: Under this Section husband and his relative can be punished for 3 years and a fine can also be imposed on them.
Police officials are not registering my FIR. What should I do?
Ans: You can move written representation to SHO of the concerned police station U/s 154 (3) of Cr.P.C. If he/she refuses to register a complaint, then you can forward the same to the Superintendent of Police (SP) of the concerned district.
What can I do if the Superintendent of Police also refuses to take action?
Ans: You can file a criminal complaint before the Magistrate U/s 156 (3) of Cr.P.C. The Magistrate can order investigation U/s 190 of Cr.P.C. on the basis of a criminal complaint filed by you.
What to do if you are dissatisfied with the police investigation?
Ans: You can move the protest petition before the Magistrate on the filling of the challan by the police if you are not satisfied with the same. That protest petition is treated as complaint U/s 190 of Cr.P.C. before the court.
Can I seek any remedy from the High Court if the police officials are not taking any action?
Ans: Yes, you can approach the concerned High Court U/s 482 of Cr.P.C. for directing the police officials to take action on your grievous. The High Court on the satisfaction of the truth of the facts may direct the police officials to take action.
My NRI husband is not responding to the summons, what can I do?
Ans: You can move an application U/s 10 of the Passport Act, for impounding the passport of your husband at the concerned Regional Passport Office (RPO). They will send a show-cause notice to the husband, and if the husband fails to respond to the show cause, the passport will get suspended.
What documents do I need to make an application at the RPO office?
Ans: Marriage certificate, Copy of FIR, and documents related to details of husband’s name, DOB, and address are required to make such application.
I got registered a case U/s 498A IPC against my husband but my husband is evading his arrest. What procedure police can follow in this case?
Ans: The police can issue Look-out-Circular (LOC). The investigation officer shall make a written request to the concerned officer for LOC. The LOC is issued when accused person even on the issuance of a non-bailable warrant escape his/her arrest and there is a chance that he/she may leave the country.
I have filed a complaint U/s 498A IPC, but my in-laws have thrown me out of the house. What should I do?
Ans: You can file an application to Judicial Magistrate under Domestic Violence Act and the court will grant an order of residence.
Can my accused husband be deported to face trial in India?
Ans: Usually the foreign countries denied the request for deportation because the matrimonial, private family matters are not in conformity with the law of extradition.
Is registration of marriage compulsory in India?
Ans: Some states like Andhra Pradesh, Delhi, Goa, Gujarat, Himachal Pradesh, Karnataka, and Maharashtra provide the compulsory registration of marriage. In other states registration of marriage is optional. But it is advisable to register your marriage before you/your spouse leaves the country.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Jul 10, 2021 | General
What is included in domestic violence?
Ans: Domestic violence includes any kind of physical, mental, sexual, verbal, emotional, and economic abuse.
What is the first legal step I can take in case of domestic violence?
Ans: You can register a complaint with a local protection officer or local police officer, NGO dealing with rights and protection of women, or with the magistrate. If you are not in a condition to go outside for filing a written complaint then dial 100 (Police helpline) as soon as possible, a complaint will be recorded automatically and this will help you proceed with further legal action.
Where I can file a complaint?
Ans: You can file a complaint where you are residing permanently or temporarily or carried on your employment or business. A complaint can also be registered at the residence of the abuser or where the incident took place.
Against whom a complaint can be filed?
Ans: A complaint can be filed against any adult person who abuses a woman while living in a domestic relationship with such a woman. It can be a husband, father, brother, or male partner in a live-in relationship. A complaint can also be filed against any relative of the husband.
Who can be a victim under the Domestic Violence Act?
Ans: Domestic Violence Act is not restricted to only married women. Even sisters, mothers, widows, single women, women living in live-in relationships are protected under this Act.
My husband puts restrictions on me to see my parents and friends and also used to insult me in the public, is it comes under domestic violence?
Ans: Yes, it amounts to domestic violence. As emotional abuse covers humiliation, ridicule, verbal abuse, isolation as well as restriction on movement.
Can I file a domestic violence complaint if my husband dispossesses me from our joint property?
Ans: Yes, you can file domestic violence complaint against your husband because it comes under the ambit of economic abuse. Economic abuse means depriving the woman of using economic resources to maintain herself.
My husband kicked me out of the house, whether he can do so as per law?
Ans: No, he can’t do this whether that house belongs to you or not and that house is on your name or not. Every woman in a domestic relationship shall have the right to reside in a household.
Can a mother-in-law file a complaint against the daughter-in-law?
Ans: Yes, where the mother is a victim of violence caused by her son as well as the wife of her son, then she is entitled to file a case of domestic violence against her son and her daughter-in-law as well.
Is a minor male entitled to reliefs under this Act?
Ans: Yes, the mother can make an application on the behalf of her minor child whether it is male or female. The children can also be added as co-applicants for relief under this Act.
Can I file a complaint at the place of employment or business of the abuser?
Ans: Yes, you can file the complaint where the abuser is doing his job or carried on his business.
Is my brother can file a complaint on my behalf?
Ans: Yes, anyone from your parents, brother/sisters, relatives, or friends can give an application to the concerned officer in order to register a complaint of domestic violence.
Can a complaint be filed against the female relatives?
Ans: Yes, according to the latest verdict of the Hon’ble Supreme Court, a complaint could be filed against the female relatives of male if they are found to be abusing the woman.
Can a wife implicate all the members of the family?
Ans: No, she can’t implicate those members who are not a party to the crime/abuse.
What kind of relief Magistrate may grant to the victim?
Ans: The magistrate can pass orders to conduct counseling for parties. Except that he/she may issue any protection order, residency order, monetary relief, compensation order, and custody order in favour of the victim.
Can a victim get ex-parte order or interim relief under the Act?
Ans: Yes, if the Magistrate is satisfied that the abuse has occurred, and then he/she may pass ex-parte orders or grant interim relief to the victim.
How long does the protection order stay?
Ans: The protection order shall remain in force till the victim applies for the discharge of the same. Otherwise, the Magistrate can vacate the orders if he/she is satisfied that circumstances have been changed.
What if the abuser doesn’t follow the protection order?
Ans: In that case, the abuser can be punished with imprisonment up to 1 year or a fine which can be imposed up to Rs. 20,000/- or both. Breach of such order is cognizable (where police can arrest without warrant) and non-bailable offence.
Who are protection officers?
Ans: Protection officers are appointed by the State Govt. in the jurisdiction of every Judicial Magistrate. A protection officer is responsible to ensure that the woman and her children are not victimized during the filing of the domestic violence incident report.
What if the protection officer is not discharging his/her duty?
Ans: A protection officer can be punished with imprisonment up to 1 year or a fine up to Rs. 20,000/- or both if he/she fails to discharge any duty as directed by the Magistrate.
Is the Domestic Violence Act applicable to partners living in a live-in relationships?
Ans: Yes, it is applicable to partners living in a live-in relationship. All relationships where two persons (male and female) living together in a shared household, and who are related by consanguinity (close blood relationship), marriage, or through a relationship like marriage, adoption are covered under the ambit of this Act.
What rights do daughters have if they are being abused by their parents?
Ans: Daughters have the right to take protection from the court in case of abuse being caused by the parents. Additionally, an unmarried daughter can claim maintenance and other residential rights from her father.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
by Aggarwals Associates | Jul 8, 2021 | Labour Law Lawyers
Unquestionably, many employment disputes result in litigation. The greater part of the working sector is unaware of the compliances and privileges granted under the various labour laws. Compliance with labour laws is one of the important issues that many corporates have to deal with. The Employers, workforce, and Contractors must make sure that they are bound and monitor the compliances with all the relevant legislation so that disputes and litigation may be minimized to some extent.
When do you need a Labour Lawyer in Chandigarh?
Employers, as well as employees, may need to hire the Labour Lawyer to protect their interests. If you are an Employee then consult Labour Law Lawyers in Chandigarh if: –
- You are terminated illegally by your employer.
- Your employer denied paying retrenchment compensation.
- You are not getting wages for overtime.
- You got a legal notice from your employer.
- You need to file a suit against your employer.
- Your employer refused to pay gratuity and other statutory remunerations at the time of termination.
Whereas, being an employer you might be needed the assistance of the Labour Lawyers in Chandigarh in the following situations:-
- For compliance with the existing labour laws like ESIC and EPFO etc.
- Drafting of HR manual and other policies.
- Drafting of employment agreements and any other agreements like Non-Disclosure and Confidentiality Agreements etc.
- Guidance for termination of any employee.
- You want to send a legal notice to the employee.
- You are required to file a suit against the employee.
- If your employee has filed or threatened to file a suit against you.
Hence, proper advice and guidance from Labour Law Lawyers in Chandigarh are required to handle such situations. At Aggarwals & Associates, we are just a call away to get professional guidance on labour law matters for the employers and the employees.
How to find Labour Law Lawyers in Chandigarh?
You can search the Labour Law Lawyers in Chandigarh either by making a traditional search or through an online search. It is your call to choose the way as per your ease. Nevertheless, the traditional hunt is made out through the references received from family members, friends, colleagues, etc. Even you can seek recommendations for a Labour Lawyer from you known lawyer practising in any other legal arena because usually, lawyers have contacts with other lawyers involved in other areas of law.
Whereas, finding a Labour Lawyer in Chandigarh is more convenient because of less use of energy and time as well. Nowadays, there are plethoras of online legal directories that provide the list of lawyers and main areas of practice and location.
How much do Labour Lawyers in Chandigarh cost?
Before finalizing a Labour Lawyer for your case, it’s important to know how much he/she charges and how he/she structure the legal fee so that you can set appropriate expectations. Most of the Labour Lawyers in Chandigarh charge according to their experience and nature of the case. However, every lawyer has his/her own fee structure, which might be based on per hearing, fixed fee for one case, and retainers. Especially, if you need regular advice in labour laws, you can opt for retainers. Under retainership, lawyers charge on a monthly, quarterly, and even yearly basis according to the workload and size of the business.
If you need the assistance of the Labour Lawyer, then feel free to contact us as we have a team of best Labour Law Lawyers in Chandigarh, who are highly proficient in Labour Laws and able to provide adept legal consultation to both the employers as well as the employees.
by Aggarwals Associates | Jul 1, 2021 | Criminal Lawyers
It is a crucial factor that which Criminal Lawyer in Chandigarh you choose to retain for a legal matter. And of course, you should reach to a conclusion after thoughtful consideration. The best way to choose a Criminal Lawyer by having a face-to-face meeting once you have shortlisted the criminal lawyers after making an online search for them. By going through the in-person meeting you will come to know about things like whether that lawyer has enough experience and qualification to handle your case, and whether you will be comfortable while working with such a lawyer or not, on and on. If you will have a decent working relationship with an attorney, it will play a pivotal role in achieving your desired goal. So, you must raise some important queries before hiring a Criminal Lawyer in Chandigarh for your case.
How much experience Criminal Lawyer possesses in criminal litigation?
The first and foremost question is to ask is about the experience of the lawyer as it is one of the responsible factors for a positive result in your case. If a lawyer doesn’t have much experience in handling criminal litigation then it is quite obvious that such Criminal Lawyer is not enough competent to handle your case. Although a simple case could be handled by a lawyer having moderate experience, but it is an undeniable factor that there are innumerable technicalities in litigation that could be handled by a lawyer with vast experience only. Litigation is not a game of layman as it involves series of events that are required to be dealt with due diligence.
Is the lawyer has experience of dealing with any case similar to yours?
Naturally, it be must be asked from a Criminal Lawyer in Chandigarh so that you could have contentment that you are at the right place. It will be easy for you as well as your attorney if your Criminal Lawyer has already dealt with a similar matter. Previous experience of handling a similar matter can indeed work wonders for the upcoming one. Your lawyer will already have a strategy for this kind of case and know how to get the best-suited result out of it. If your Criminal Lawyer in Chandigarh has experience with cases like yours before, then such a lawyer will be able to provide you some guidance especially relating to the remedies and result of litigation as well.
How much is the fee?
Deciding about how much fees you can pay to a lawyer is also a complex situation as numerous people find it an economical hardship. Everyone wants to hire the best lawyer but sometimes higher fees for such a lawyer caused a financial burden for many. So, you should be concerned about the fees of a Criminal Lawyer in Chandigarh before hiring that whether you can afford the legal fee or not. However, the legal fee of any Criminal Lawyer in Chandigarh is depended upon the nature of the case. If your case is not much complex then you may need to pay fewer fees. Similarly, if your matter involves complexities then the fee could be on the higher side.
What remedies are available?
A person facing any criminal litigation should ask his/her Criminal Defence Lawyer in Chandigarh about the remedies available under the law. It is important to know about legal remedies available under the law so that you can get an idea about solutions for your problems. There are chances that you may be eligible for additional relief according to the circumstances of your case, so in that case, you will be able to get those reliefs by discussing the same with your Criminal Lawyer in Chandigarh.
How often will we communicate?
Criminal litigation consists of various stages so it would be better to ask your Criminal Lawyer in Chandigarh about the frequency of making contact with each other. As sometimes due to the overburden of cases a lawyer might forget to inform you about your case status. So, it must be cleared in the beginning from the Criminal Lawyer about the frequency of making contact with the clients.
What is the success rate of a Criminal Lawyer?
While every case is unique itself, but a lawyer who has a remarkable record of success in cases would be able to bring the best possible outcome for you. The success rate of the Criminal Lawyer in Chandigarh can describe you about the expertise and skills of a lawyer that you are going to hire for your case.
So, these are few questions you must ask your Criminal Lawyer before appointing for your case. We, Aggarwals & Associates consist of a team of the Best Criminal Lawyers in Chandigarh to handle all kinds of criminal litigation. If you are confronting with any criminal matter then feel free to contact us to get the best possible outcome in your matter.
Also Read: Do You Need the Help of a Criminal Lawyer in Chandigarh?
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