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by : icdr lawyers

How to Get a Liquor License in India?

For most of those addicted to liquor, celebrations start by raising a toast. However, arranging the liquor is a complicated process with strict by laws. We are hardly aware about the stringent laws behind the use of this alcoholic beverage. Those operating such outlets only understand the complicacy behind the process. At times, even they miss on certain guidelines behind distribution of alcohol and receive penalties.

The government has enforced separate laws for liquor shops. One has to fulfill a long listing of terms and conditions to be able to open a retail outlet. One has to attain several licenses to be able to sale, purchase, import, export, manufacture or even possess alcohol. That’s true! Even possession of alcohol is not permitted without the necessary licenses. In addition, the laws are not the same everywhere within India. That is, the laws vary from state to state. Some states strictly prohibit the consumption of alcohol while others have fixed a legal age for consumption. In some states, private parties are not legally permitted to distribute alcohol and only government retailers can have the license. Unlike some states that allow liquor sale at all restaurants, pubs, discos, party halls etc, others allow sale only at five-star hotels.

With separate rules pertaining to liquor license all over India, who can instruct us on the guidelines of Excise and Taxation department? Who can instruct us on laws behind acquiring fresh licenses and behind renewing existing licenses? How much VAT is applicable in either case? Can a foreign party start a alcohol business in India? What are the licenses that a foreign party needs to acquire to open a liquor store in India?

Liaisoning consultants have answers for all such queries and many more. They have complete knowledge about permissions on all categories of alcohol. They can confer you the latest on the new excise policy. Liaisoning consultants can guide you on different laws on granting liquor license in different parts of India. Thus, you can serve and sell alcohol without the possibilities of facing penalties for violations of some liquor laws. In cases of extreme violations, the license is liable to suspension by the state excise department. Rise in license, permit costs and liquor prices & partial information about the laws on liquor business have deterred many from stepping ahead. The first three factors are not in our control. The best decision would be to take complete guidance from liaisoning consultants and related authorities that will reduce chances of negligence on your part.

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by : icdr law and legal

How to Defend Against Battery Allegation

When an individual files a complain of domestic violence, he or she first need to file a basic battery charge against the offender. This charge will also be considered as one of the allegation under domestic violence. The domestic violence allegation though considered similar to that of other offenses related to physical abuse, but the charges declared are quite severe in nature. An individual who is facing such serious allegation need to understand these legal charges first.

Domestic Violence Charge; in Detail:-

Domestic violence accusation starts with a physical violence. Only verbal violence will not be considered seriously by the law. The allegation must include evidence related to assault like physical abuse which has caused harm to the victim. If the victim doesn’t suffer from any kind of physical pain, the charges will not be considered.

Along with this, the victim also needs to prove that there is a domestic relationship between him or her and the offender. The meaning of this ‘domestic relationship’ differs from one State to another. In some states, domestic relationship is considered if both the offender and the victim belong to the same family or shares marital relationship. For instance, spouse, children and even elderly people living in the same home with the offender. On the other hand, the state has expanded the meaning of ‘domestic violence’. This includes the individual with whom the victim is dating at present or used to date in the past.

However, in all these situations that defendant does have the right to fight against the allegation.

Defense Action that the Defendant can Adopt:-

The criminal law of the United States does have the right to fight against the accusation. However, this right depends on the degree of assault that the victim has received. A situation may arise where the victim is unable to provide any evidence to prove that fact that he or she has gone through physical violence. Such action can turn out to be an effective defensive element to utilize during the court proceeding by the defendant. On the other hand, the victim might turn out with injuries during the court proceedings. Hence he or she may claim that the injuries has been caused by the offender. In such situation, the defendant need to take strong defensive action to fight the accusation. However , to take such step, it is always advisable to appoint a defense lawyer. In Las Vegas, domestic violence lawyers are quite experienced in domestic violence cases as a defense lawyer. Taking their help will turn out to be beneficial for the offender.

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by : icdr legal advice

Sales Agreement For House And Real Estate

Selling a house or any real estate for that matter is quite a daunting task. It involves a lot of procedures and legalities that needs to be taken care of. Failing to these may cause a lot of problems in the future. One of these procedures is creating the proper sales agreement for the house. Usually when you plan to sell a house or any real estate, this is usually the first step that people take. The sales agreement for the real estate is also referred to as a contract includes every details of the sale that is made. This agreement should contain a detailed description of the property in legal terms, should have the selling price mentioned on it and should also include the exact date when the transfer of property will be done from the seller to the buyer. A sales agreement for real estate is a legal binding contract which means that both the parties commit to complete the sale.

Today, making such an agreement has become quite easy as you can get pre-printed ready to use agreements from any stationary store or you may even download them from the internet. These ready to use forms will have some portions left blank that needs to be filled in by you depending on the type of agreement. You must ensure that all these details along with personal details and contact information are filled in accurately. Sometimes, if some of the pertinent information is missed out, the sales agreement for the house stands void. Furthermore, when you are filling in the details of the property that is being sold, it is very important to ensure that the details match with that which is on record with the government authority.

There is one more important factor that needs to be taken care of when making a sales agreement for a real estate. It is the price of the property. Make sure that he price is written in numbers as well as spelled out in words. It is very important for both the amounts to match exactly. You must also clearly specify that what all elements are included in the sales price and what is not. For example, while selling an apartment, you might want to exclude the price for the parking. This needs to be mentioned on the agreement that the price is exclusive of the parking. Such transparency helps in smoother c=transition of the process. Appliance, above ground pools, storage sheds are some other things that may or may not be included in the selling price.

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by : icdr lawyers

When Slurred Speech May be Taken as an Indication of DUI

Sometimes innocent people get arrested in case of DUI just because some unfavourable situations and not find the chance to clear their point of view. One of them is a slurred conversation that the prosecution may use in its DUI scenario as an indication of drunkenness. Your DUI lawyer may take an oblique strategy in showing the official incorrect in a scenario where he or she stated that your conversation was slurred at the time of your DUI police arrest. Sometimes individuals who have MS are mistaken for those who are drunk, which essentially implies that the muscle tissue which manage the conversation are poor.

If the cops prevent you at late night questioning that you may be drunk and because of the predefined objectives of the driving under the influence, the cop at the time of their preliminary discussion can consider the slurred discussion as an indication of DUI. If the court considers that the person was so drunk that his discussion gestures were impacted considerably, and also was incapable to securely function an automobile. But, again, there are a number of methods that may be used in cross-examining the arresting official on this issue.

First is the likelihood that what the official regarded to be slurred, dense, or stuttering conversation may, actually, be the defendant’s regular way of talking. To confirm this factor your drunk driving attorney can approach your friends who were with you the night of your arrest who talked with you and will take note about how you talk. In planning for cross-examination of the office, the defense attorney can analyze properly the DUI police arrest review for mistakes or variance. Many DUI cops reviews will not allow the official to review simply in a narrative form what he noticed. Rather, particular questions will be presented in an objective manner, and the answer will have to be given in the adjacent boxes to be checked. The suggestiveness and restriction of this typical cops strategy should be presented to the court.

Second to confirm you innocent you can also contact a family member or friend from the prison and if there is a phone answering device or voicemail recorder then this could offer strong proof in your favor and your impairment to talk normally. Actually your drunk driving lawyer can ask a variety of questions to the cop that your conversation could not have been all that slurred if he obviously recognized all of the details you offered him to any concerns that were requested.

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by : icdr law and legal

Experienced Elder Law Attorneys – Helping You Defend Your Case of Neglect

An elderly person is someone who is above the age of sixty five. Such aged people depend on their family and relatives for their various needs, especially if they have infirmities that have been brought about by the age factor. Individuals who are physically, mentally or psychologically impaired will also have to depend on others for their care and general well being. There are other individuals who have problems with their natural development. These problems might have been brought about by accidents or through injury. In all the above cases, these individuals all depend on their families or their relatives for everything in life. The best option seems to be to put such individuals in nursing homes which promise to take good care of them. But do be misled by the tall claims and enticing assurances made by all nursing homes. If you find any form of abuse or neglect being shown to anyone you know, immediately get in touch with an elder law attorney. A lawyer in this field will be able to properly assess the situation and conduct the necessary investigations to find out the truth.

Many years of experience

There are experienced and widely reputed elder law attorneys who have been practicing elder law for many years. They have helped many families and aged people fight for their rights. They have not only helped them build cases but have also helped families to win most of their cases. These lawyers have been successful in litigating hundreds of cases. Among these cases there are many huge companies who have fallen to the strong cases built and defended by these lawyers. This brings a sense of great satisfaction to all their clients and this is exactly what has made them famous.

Highly qualified

There are law firms that specifically deal with cases that relate to abuse and neglect of the aged and senior citizens of the country. The elder law attorneys employed by the firm are all highly qualified and experienced enough to successfully handle your case. These lawyers are not in this for the money. They will make sure that they stay by your side till the very end of the case. They will make sure that apart from getting a favorable decision, you get a fair compensation as well. Giving back to the society

You can know the intentions and the nature of a law firm by watching their actions and how they conduct themselves. There are many elder law attorneys who give back to the society to make it a better place. They make sizeable donations to many charity organizations and other nursing homes that help to take care of the aged citizens. This shows their unselfish attitude and their good naturedness.

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by : icdr legal advice

Do You Think a Property Settlement Cannot Happen While You are Together?

Think Again!
The issue of property settlement between married and de facto parties is complex and technical. Generally speaking, the Court cannot make a property settlement order unless it is satisfied that, in all the circumstances, it is ‘just and equitable’ to do so.

In a recent High Court decision the Court found that Orders could be made for division of property, even though the couple had not separated, but such division must be ‘just and equitable’.

In that case the husband and wife were married for over 40 years. Both parties had been previously married and had adult children. The family home was registered in the husband’s sole name. During the relationship, they each made Wills basically leaving their estates to the children of their first marriage, except that the husband, in his Will, also allowed for the wife to remain living in his property until her death.

In 2008, the wife suffered a stroke and was admitted into full time residential care. The wife also developed dementia and did not return to live with the husband. However, the parties never formally ended their relationship.

The husband also put some money into a bank account to provide for the wife’s medical needs/costs.

Sadly, the wife then passed away while litigation was still pending. Her daughter from a previous relationship continued the case on her mother’s behalf.

The High Court found that they did have the power to order a division of property notwithstanding the fact that the parties had never actually separated. However, on the basis of the principle of ‘just and equitable’, the Orders the Court made resulted in the husband retaining 100% of the assets in his name. This meant that the wife’s daughter from her first marriage in effect received nothing.

The High Court found that once it had concluded that it was just and equitable to make a property settlement order, the Court should then proceed to take the other steps associated with property settlement being the assessment of each party’s contributions and a consideration of the financial resources, means and needs of the parties and other relevant matters.

In this particular case, the husband was the sole proprietor of the home and the parties had not actually ended their relationship. Accordingly, in the circumstances of this case, the High Court chose not to alter the existing interests in property.

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by : icdr lawyers

Learn About Speeding Laws for Fighting a Speeding Ticket

When it comes to moving violations, speeding tickets are the most common. Receiving a speeding ticket is not something that anyone enjoys. However, when you do receive one, there are two things that you can do. You may either decide to pay the ticket or may also choose to fight it. If you are thinking of fighting the speeding ticket, you must learn about the whether you were charged for a “basic” or “presumed” or “absolute” speed law, and how the cop determined your velocity. Speed is generally determined through aircraft, pacing, laser, radar, VASCAR or using some other means.

What are the different kinds of speed limits?

There are mainly three kinds of speeding limits – “basic speed limit”, “presumed speed limit” and “absolute speed limits”. The three types of speeding limits are briefly discussed below:

Basic speed limit: The concept of basic velocity law is actually tricky. All of the states recognize violation of basic speed limit. You would receive a speeding ticket if you violate the basic speed limit. The officer may charge you with this type of violation if you are caught driving above or below the speed limit. The officer will determine violation by keeping the driving conditions in mind. For example, if you are caught driving at 40 mph in a 45 mph zone in thick fog and icy roads, you may be charged for violating basic velocity limit. The reason behind this is simple, in such weather condition, the speed limit is reduced. That is why, even if you were driving at 40 mph, you would still be violating speeding regulations. This type of speeding ticket is usually issued after accidents.

Presumed speed limit: Violation of presumed velocity limit may be complicated to understand. However, these types of speeding violations provide you a lot more flexibility when defending these tickets. Texas and California are two of the many states where this system is used for some or all of their roads. In these states it is legal to cross the specific speed limit. However, you need to be driving safely. For instance, if you are caught driving at 50mph in a 40mph zone, you would be “presumed” to be violating the speeding laws. However, if you were driving down a straight road on a clear, dry day, at 6 in the morning when there were no cars around, you may be able to convince the judge that you were actually driving safely, considering the conditions. If you can prove these conditions, you may be able to plead not guilty. These conditions help rebut the presumption.

Absolute speed limit: This speed limit is present in most of the states. This is actually simple to understand and quite straightforward. In this case, if the speed limit is 40mph, you have to drive at 40 mph. If you go over this limit even just by 1 mph, you would be violating the law.

If you have received speeding tickets in Las Vegas, you would need to contact an attorney as soon as you can for defending the ticket. It is important to find proper legal counsel when dealing with such matters.

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by : icdr law and legal

San Francisco Lawyers Are Always There to Help You Out

San Francisco is regarded as one of the largest cities across the length and breadth of the world. The advancement of the city and the soothing climate is primarily responsible. To make the city safe for the people, stringent laws are formulated all through. Yet, relationship problems and LGBT issues are quite harassing.

LGBT (Lesbian, Gay, Bisexual and Transgendered) people are present almost everywhere. But they often tend to hide their real self in order to lose their job and discrimination at the work place. People, who do not come under the banner of LGBT, often react quite rudely to those who are LGBT. Those who are LGBT, often suffer various problems at the work place which become the reason why they lose their job and worsen their relationship with colleagues. However, if you ever face any problem due to all this, never hesitate to consult San Francisco LGBT lawyer to defend your case. The San Francisco LGBT lawyers are extremely experienced and are capable of resolving your problems in absolutely no time.

Mediation attorneys are of immense importance if you really do not want another huge fight and are trying to settle your case silently. In almost all the mediation cases, both the parties do not see one another. The mediator will move between the rooms where both the parties are present. However, often mediation is done in the same room to save time. San Francisco mediation attorneys are excellent in terms of experience, so you can easily hire them at any point of time. San Francisco mediation attorneys are often invited to give their input about the case. This makes the whole mediation process very confidential, where both the parties can confess their part of the truth without confronting each other.

Custody of a child is a very delicate issue, as that creates a lot of impact to the child’s life. Often the custody of a child is a very critical matter, no matter what you are doing, dissolving your marriage or trying to give your child a better life. Consult a San Francisco custody attorney for your help. Remember that the child’s custody depends on only one factor and the child’s custody goes to only that person who is in the best interest of the child. A San Francisco custody attorney can help you with all the solutions that you might need to resolve your problem. The parent willing to take custody of the child must have to prove his / her home fit to keep the child.

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