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Temporary injunction

Approach the proper court which has jurisdiction  Consult a lawyer  for the jurisdiction Trade mark injunction- court of principal district judge   File a Interlocutary application for injunction against using your trade mark . According to CPC order XXXIX rule 1,2. 1.cases in which temporary injunction may be granted . 2.Injunction to restrain repetition or continuance of breach.

Accident cases

When an accident happens what is the first thing to do  1. Call the lawyer for help 2. Keep your vehicle and insurance documents ready 3. Call the police if  you can’t reach a lawyer 4. If there is injury to person the police will file a FIR. -post-mortem report - accident register  - discharge summary -death certificate - legal heir in case claim by heir 5.two cases you can file when there is injury to person and vehicle. 6. One for the vehicle Damage and another for injury compensation. Rash and negligent driving is dangerous may further lead to conversion under IPC FOR DEATH. If it is only vehicle damage it will be a civil case which would be MCOP . Contact your lawyer for help.

Confession

What is a confession? Recording statements by juridical magistrate under crpc .164 The statement given by the accused only to the magistrate is valid. The statement recorded by police is not valid and the presumption is that it is recorded by coercion and considered only for corroboration. The accused will not be a convict mere by statement given to of police. The confession is an incriminating statement and against article 20(3) of the constitution.

Witness

 Who are competent witness 1 any body can be a witness if they can understand the question put forward and answer the question I respect of age and if he a lunatic he is not prevented from giving witness  2. Accomplice  The person who would be the co accused whom might I in turn change as approver  Is the witness a credit worthy witness or he has given the witness due to coersion  The prosecution must prove that based on independent and material evidence rather the conviction merely on accomplice witness  The question would be in case of rape there is no accomplice   The victim is the witness why not unless and until if the victim is it married and of tender age. Post your thought and comments .

Right to passage

The international law does not clearly define the control of the right to passage. Even though if defined who could exercise control over the passsge is the question  The strait of Hormuz now blocked by the country of iran is widely condemned by the United Nations What could be reason is it really war or anything else for the condemning nations  First was this opposed by the Russia china and India? What could be the reasons whether is this the only war that affects the lives of people or the lives of people was immaterial in earlier and on going wars . Was Iran doing the right thing by blocking the strait of hormuz , any nations who s threatened could defend themselves but is the Real defence mechanism  What is the strait jacket formula in war . Ukraine and Russia was into war for the last two years was anyone worried other than the two  anyhow the only affected would the civilians in the war and not the heads so many battered displaced does it even matter ? Put your...

RERA

Recent issues with builders are increasing and the consumers vexed waiting in long queues for their building apartment to be completed now can approach RERA forum. Don’t hesitate to approach the advocate for issues with building you may also approach together as a single petition which results in cost reduction and compensation would be awarded if too many come up with the same issue. The builder has to prove that he is following the schedule otherwise refund will be done through RERA and you don’t have to wait for the builder to respond , I don’t see builders responding once they get the money from consumers. For more check out https://rera.tn.gov.in/ When aggrieved with the orders may further appeal to  https://www.tnreat.tn.gov.in/

Maintenance of elderly

 The recent judgment from the Supreme Court had revoked the property that has been granted as gift by the parents hoping that they would be taken care by the son。 The son after the property got gifted nor provided maintenance or took care of the elderly parents. The Supreme Court clearly said the Above behaviour should be strictly taken in consideration because there is no provision for the elderly on the constitution as Well But according to the  Maintenance and Welfare of the Parents and Senior Citizens Act, 2007  By section 23 the property transferred stands void and the elderly put into possession.

Maintenance for wife /children

The question here would be whether the wife is entitled to maintenance even after divorce ? Is she entitled to maintenance after mutual consent? Does the children born out of the wedlock is entitled to maintenance? These questions are answered here This is applicable to all women irrespective of religion. The wife can claim maintenance even after divorce until she is remarried. The children is entitled to maintenance . More check crpc 125. For further details consultant your advocate .

Summons/default

For default in summons according to cpc section 32 1) issue a warrant for arrest 2)attach and sell his property  3)impose a fine on him 4) order him to furnish security and send him to civil prison for default .

Res judicata /double jeopardy

Section crpc 300 deals width resjudicata ( no person  may tried for same offence again) Section 11 of CPC (code of civil procedure )Deals with the  Res judicata. It says the matter /issue that was heard by the court previously and decided shall not be heard again unless and until parties and title are not same. Double jeopardy  Article 20(2) says that no person shall be punished again for the same offence.

Lease and license

Lease comes under property act License under easement act When to go for lease and license if your are letting out the premises which is a residential building you can go for lease agreement if it is a commercial building you can opt for license agreement. There is no restriction to stick to lease of license The advantage of license agreement would be the landlord can evict the tenant at any point of time the same is not the case with lease. if your are interested in lease check out this post for more https://lawyertomodachi.blogspot.com/2025/11/tenant-and-landlord.html

Cheque cases

Cheque is a negotiable instrument. Having issue s with cheques Did the cheque bounced/dishonoured the the right thing to do is to get confirmation from bank staying dishnour of the cheque and issue a notice either oral or written to the parties concerned . Assumption in cheque case- The cheque is issued for consideration . Send a notice the if no response from a reputed advocate. cheque cases are dealt in judicial magistrate courts.

Startups

If you are planning to start a company and waiting for how to incorporate your company the you have come to the right place All you need is 1.memorandum of association 2. Article of association 3. Register online done . memorandum of association it is a document that has the  1.name of your company 2.office address 3.object for its establishment 4.capital 5.share capital Articles of association this has the rules to be followed by the company for the internal workings of the company.

Tenant and landlord

The most import question would be in the minds of landlord and tenant whether the landlord would be kind of the tenant would pay the rent at appropriate time without delay. we are going to answer all the question below so go through before renting down. 1.need of an agreement 2.what does the agreement day .The tenancy period, rent and advance to keep it simple. 3.The issue would arise once the premise is occupied . 4.what could be the issues , mostly it would be rent issues What if the landlord as k the tenant to vacate during time of issues. right you are here The approach would be registering you tenancy agreement with the rent authority. This is different from your land registration. once the agreement is registered the appropriate authority of your jurisdiction can be approached for issues related to tenancy. 5.further appeals lie in the courts and tribunal.

Timelines for president and governor to assent to bills

The previous judgment in the case of WRIT PETITION (CIVIL) NO. 1239 OF 2023 https://api.sci.gov.in/supremecourt/2023/45314/45314_2023_11_1501_60770_Judgement_08-Apr-2025.pdf Where the Supreme Court gave timelines for governor to assent to bills was overruled in the current judgment  SPECIAL REFERENCE NO. 1 of 2025 https://api.sci.gov.in/supremecourt/2025/39157/39157_2025_1_1501_66169_Judgement_20-Nov-2025.pdf The timelines could not be provide to president in this case of  Advisory matters the same provided to governor earlier was erroneous and the judiciary cannot take the role of assent to bills which should be done by president in this matter. The court was approached by president by way of article 143 which is advisory jurisdiction.

Interpretation of statues

 THE GENERAL CLAUSES ACT, 1897 The Salient features of the GCA, 1897 *An Act to consolidate and extend the General Clauses Acts, 1868 and 1887 [11th March, 1897] *Article 367(1) of the Constitution says that unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution. * The General Clauses Act, 1897 is applicable for the interpretation of the Constitution of India as well as of an Act of the Legislature. *Section 3 explains about GENERAL DEFINITIONS for certain important words as follows;- 1. "Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the IPC from Sections 107 to 120. Additionally, there are two more Sections 305 and 306 dealing with the same. The first two sections out of the above, Sections 107 and 108, define 'abetment of a thing' and 'abettor‟ respecti...

Stray dogs

Case no-  SUO MOTO WRIT PETITION (C) NO. 5 OF 2025 J. (J.B. Pardiwala) J. (R. Mahadevan) Order   There is a recent order from the Supreme Court to take the stray dogs from the streets and put them in shelter and immunisation should be done and the shelter should be under surveillance using camera . Jurisprudence   There is no rights for the beasts but the beasts belong to the society where we live. There are fundamental rights for human but not for beasts  But the responsibility of human are declared in article 51A The fundament duties towards society . Prevention of cruelty to animals act 1960 The rules framed for the protection of animals says S.11(19) The picked up dogs from the street has to be released after sterilisation or immunisation in the same place where they were taken. The recent order is against the above rule where they will be put in shelter, the question before the court is are there enough shelter to take care of dogs or any steps taken is ...