Category: Attorney

This Article will look at the aspect of Child Witness testimony under the Indian Evidence Act, 1872.[1] The first part of this paper would be an introduction to who is a witness and answers the question if the Indian Law recognizes Child Witnesses. It will then look at how the competence of the Child Witness is determined and the admissibility of such testimony. The main research question which would be pursued in this paper is how the competence of the Child Witness is determined in India and if it is too subjective and we need better methods to determine it. We will look at the ‘Voir Dire’ test and compare it to the test of competence in the United States and then make recommendations to better our method of determination of competence.

The term ‘witness’ has not been defined in the Indian Evidence Act,1872[2] (hereinafter referred to as the Act),however, upon reading the other sections of the Act we can infer that any person who acts as a source of evidence before the court of law can be considered a witness. Witnesses often provide valuable information which helps the Court decide the guilt or an innocence of the accused. Therefore,

To call a contract valid, the parties must consent to it freely and voluntarily. The principle of consensus-ad-idem is followed meaning the contracting parties must mean something in the same sense.  The contracting parties must have an identical understanding in regards to the contents of the contract.

In contract law in India, the meaning of consent is given in Section 13, which states that “it is when two or more persons agree upon the same thing and in the same sense”. So the two people must agree to the same thing in the same sense as well. Just giving consent is not enough for a contract to be enforceable. The consent given must be free and voluntary.

The definition of free consent is provided under Section 14 of the Indian Contract Act is Consent that is free from Coercion, Undue Influence, Fraud, Misrepresentation or Mistake. Consent is said to be so caused when it would have been given in the absence of such factors. The aim of this concept is to make sure that decision of the contracting parties was clear since the contract’s inception. Therefore consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to

NEW YORK–(BUSINESS WIRE)–WHY: Rosen Law Firm, a global investor rights law firm, announces an investigation of potential securities claims on behalf of shareholders of Discover Financial Services (NYSE: DFS) resulting from allegations that Discover Financial Services may have issued materially misleading business information to the investing public.

SO WHAT: If you purchased Discover Financial Services securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses.

WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=7773 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email [email protected] or [email protected] for information on the class action.

WHAT IS THIS ABOUT: On July 20, 2022, after trading hours, Discover Financial Services issued a press release announcing its financial results for its second quarter of 2022. Among other items, Discover Financial Services disclosed that “[t]he company is suspending until further notice its existing share repurchase program because of an internal investigation relating to its student loan servicing practices and related compliance matters. The investigation is ongoing and is being conducted by a

When to contact HMCTS

We continue to receive feedback from members about waiting times when contacting HMCTS.

Phone lines are open Monday to Friday, 8am to 6pm.

HMCTS confirmed Monday is its peak day and Friday is the quietest.

For a shorter wait time, the best times to contact HMCTS (including via webchat) are 8am to 9am and 5pm to 6pm.

Quieter periods are usually from Tuesday to Thursday, between 8am to 10am and 4pm to 6pm.

(This is subject to demand and resource availability.)

Wait eight weeks

According to analysis, a large number of legal professionals and personal applicants are not waiting for the eight-week timeframe before contacting HMCTS to check their application progress.

HMCTS has said it needs to see what more can be done to stop users from doing this.

Inheritance tax

Waiting for inheritance tax (IHT) documentation remains the biggest stop.

If IHT needs to be paid, you should wait 20 working days before applying for the grant through MyHMCTS.

If you do not wait 20 working days or alter the submission date, there is a high risk your application will be delayed, and a stop created.

Confirmation receipts

There have been reports that some practitioners

The primary legislation that governs the various aspects of the formation, acceptance, revocation or performance of contracts is the ‘Indian Contract Act 1872’. For a contract to come in force there are certain elements that need to be satisfied namely-

• Proposal

• Acceptance 

• Consideration

Although the topic of proposal and consideration act as the cornerstones of the legislation for the sake of this paper we shall keep our attention limited to the topic of acceptance and the various intricacies involved in the topic.

A contract is started with the offer which means that ‘When one person signifies to another person his willingness to do or not to do something with a view to obtain the assent of another person then this is said to be offer or proposal. [1] And when this offer is accepted by another person then it is called acceptance. 

The word “acceptance” is broadly defined under our Indian Contract Act 1872 under article 2(b). Which states that ”When the person to whom the proposal is made signifies his assent to the proposal is said to be accepted”. [2] 

It is aptly said that “acceptance is to offer what is a lighted match to a

An attorney for Donald Trump has claimed that he is being “bullied” out of running for president again in 2024.

Speaking to Newsmax’s Eric Bolling the BalanceAlina Habba said that the former president is being unfairly treated as he faces a number of criminal and civil investigations that could hinder his hopes of returning to the White House.

The pair suggested that the Democratic Party and the Department of Justice may be trying to “deter” Trump from running again with federal investigation into whether he mishandled sensitive and top secret White House documents that were from his Mar-a-Lago office.

However, Habba said of the treatment: “It energizes him, it energizes his base.

“I think when people see anybody being bullied—which is ironic because when you see the left-wing politics and media always like to say, ‘Bullying is wrong, we’re pro-this, we’re pro-that’—well , what makes it OK

The Democratic state senator trying to unseat Georgia’s incumbent attorney general says abortion isn’t the only issue in the race, but she’s leading with her advocacy of abortion rights in her challenge to the Republican seeking a second full term as the state’s chief lawyer.

State Sen. Jen Jordan and Georgia Attorney General Chris Carr also disagree over who would best protect Georgians from crime, how independent the attorney general should be and what’s the best approach to protect consumers and encourage businesses.

Jordan, a Sandy Springs lawyer, said she would support those challenging Georgia’s six-week abortion ban on state constitutional grounds, a case set for a late October trial in Fulton County.

“This isn’t a partisan thing,” Jordan said at a NARAL Pro Choice America event in early October. “This is about the ability just to not be treated as a second-class citizen, not just to be treated as a vessel for someone else’s use. This is about women in this state and their ability just to be equal to men.”

Carr, though, lumps Jordan’s claim that there is a role for the attorney general to challenge state laws alongside some district attorneys who refuse to enforce certain laws.

Arizona will elect a new governor, secretary of state and attorney general in the Nov. 8 election.

All three Republicans running for those offices are supporters of former President Donald Trump and question the results of the 2020 presidential election.

Other statewide elected offices on the ballot include the superintendent of public instruction, treasurer, two members of the Arizona Corporation Commission and the mine inspector.

In addition, voters will decide on 10 ballot measures.

Control of the Arizona Legislature also is up for grabs, with all 90 seats in play.

Below is a guide for voters on each significant race in the state, with information to help decide whom you want as your representative in these important roles.

Governor | Secretary of state | Attorney general | Treasurer | Corporation Commission | Superintendent of public instruction | Mine inspector | Legislature

Governor

The Governor’s Office is Arizona’s top elected position. The governor oversees the executive branch and state agencies, signs or vetoes bills, proposes a budget and appoints Supreme Court justices, among other duties. Candidates for the four-year term are:

Katie Hobbs, the current secretary of state, a former lawmaker and Democratic candidate who has defended the 2020

HOUSTON (AP) – Cases can move forward against Alex Jones regarding the nearly $1.5 billion he’s ordered to pay families of Sandy Hook victims over his conspiracy theories about the 2012 school massacre, a federal bankruptcy judge ruled Monday, but the families can’t yet pursue collection efforts against the Infowars host.

Judge Christopher Lopez approved an order that attorneys for Jones, his media company and the Sandy Hook families had all agreed to. The order lifts a stay that automatically halted the cases when Jones filed for bankruptcy. Free Speech Systems, Jones’ media company, is also seeking bankruptcy protection.

Lopez approved the order, which prevented the families from pursuing collection efforts, during an hour and a half long hearing that Jones attended remotely.

Jones filed for Chapter 11 personal bankruptcy protection earlier this month in Texas, citing $1 billion to $10 billion in liabilities and $1 million to $10 million in assets.

For years, Jones described the 2012 Sandy Hook massacre as a hoax. A Connecticut jury in October awarded families’ prizes $965 million in compensatory damages, and a judge later tacked on another $473 million in punitive damages. Earlier in the year, a Texas jury awarded the parents of