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Showing posts from May, 2025

Dos & Don’ts of Drafting a Legally Sound Agreement

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Introduction: In the evolving legal landscape of India, particularly in Karnataka, written agreements have become essential tools for establishing legally binding relationships in both personal and commercial spheres. With the growth of startups, increasing property transactions, and a heightened emphasis on legal compliance, the reliance on formal contracts is more pronounced than ever. A well-drafted agreement is no longer a mere procedural step it functions as a crucial legal safeguard that defines the rights, duties, and expectations of the parties involved, while also providing a clear path for enforcement in case of disputes. Whether it involves business partnerships, property sales, service arrangements, or employment terms, a carefully crafted agreement helps prevent misunderstandings and legal complications. However, it is important to note that not every written document qualifies as a legally valid agreement. For an agreement to be enforceable under Indian law, it must c...

Jurisdiction and Bar of Civil Courts under Section 79 of RERA and the Civil Procedure Code (CPC)

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Introduction The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and efficiency to the real estate sector in India. One of the important aspects of this Act is the establishment of a specialized mechanism to handle disputes related to real estate projects. In this context, Section 79 of RERA plays a crucial role by barring the jurisdiction of civil courts in certain matters. At the same time, the Code of Civil Procedure, 1908 (CPC) provides the general rules for civil jurisdiction through Sections 9 to 20 . Understanding the interplay between these legal provisions is essential for determining the correct forum for dispute resolution. Section 79 of RERA – Bar on Civil Courts Section 79 of the Real Estate (Regulation and Development) Act, 2016, plays a pivotal role in defining the jurisdictional boundaries between civil courts and the authorities established under RERA. The provision is designed to streamline the...

Maintenance, Custody & Property in Divorce Proceedings

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 Introduction Divorce proceedings can be intricate, involving not only the dissolution of the marital bond but also complex issues like maintenance , custody , and property division . In Karnataka, as in the rest of India, the resolution of these matters requires a thorough understanding of family law and the various statutory provisions that govern them. These issues are often among the most emotionally charged and legally challenging aspects of a divorce case. Whether you’re filing for a  mutual consent divorce or involved in a contested divorce , understanding your rights and obligations related to maintenance , child custody , and property is essential for ensuring that the divorce settlement is fair and just. In this article, we’ll explore the key legal principles, provisions, and processes that govern these aspects of divorce proceedings in Karnataka. ✅ Maintenance in Divorce Proceedings Maintenance refers to the financial support one spouse may be required t...

Essential Clauses Every Corporate Agreement Must Include

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Introduction In today’s corporate environment, written agreements form the bedrock of all business transactions, partnerships, and commercial engagements. They are not merely formalities but powerful legal tools that define rights, allocate risks, and ensure accountability between contracting parties. Whether you are a startup founder entering a joint venture, a corporate executive finalising a service contract, or a vendor negotiating supply terms, the strength of your agreement lies in the precision of its clauses . As an advocate actively advising businesses and startups, I’ve encountered many cases where contracts lacked clarity or missed critical clauses, resulting in avoidable disputes and litigation. Therefore, this article outlines the key contractual clauses every corporate agreement must include , along with practical insights into why they matter and how they function within the legal ecosystem. 1. Parties to the Agreement 🔸 Importance: This is the foundational c...

Divorce in Karnataka: Everything You Need to Know About Legal Grounds

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Introduction: Divorce, though a deeply personal and emotionally charged decision, is increasingly being recognized as a necessary legal remedy when a marriage irretrievably breaks down. The law provides for a structured and legally sound process to dissolve a marriage, whether through mutual agreement or due to compelling reasons brought before the court. Despite this growing awareness, many individuals facing marital discord remain unaware of their legal options, rights, and the procedural differences between mutual consent divorce and contested divorce . This lack of clarity often leads to delayed decisions, emotional distress, and avoidable legal complications. Understanding the legal grounds for divorce is crucial not only for those seeking separation but also for family law practitioners, social workers, and counselors who assist couples in distress. In India, where family values are deeply rooted but evolving with time, divorce is no longer taboo; it is a recognized consti...