The Indian Constitution is the framework of the government. The entire country functions as per the laws, states in this book. Some of the acts are simple and straight forward, but that cannot be said about some complex Articles. For instance, there has been a significant hoopla around Article 370 of the Indian Constitution. The article is associated with the Instrument of Accession that was signed between the King of J&K and the Indian government in 1947.

Historical events that led to the creation of Article 370

The Partition of India was one of the wounds that time will not be able to heal. It left around two million people, and nearly 14 million people were forced to displace to a new country, without any certainty. This event led to the establishment of India and Pakistan, two nations, which find it somewhat challenging to be on the same page in terms of foreign affairs. Immediately after the partition of the two countries, Pakistan decided to attack the northern-most state of India Jammu and Kashmir, with the intent of capturing it. The armed forces had already reached Srinagar when the king of Jammu and Kashmir requested the Indian government for assistance. As Maharaja Hari Singh was not in a state to protect the sovereignty of Jammu and Kashmir; thus, he put his seal on the Instrument of Accession. It made Jammu and Kashmir a part of India.

After the Indian soldiers defeated the Pakistani armed army, a treaty was signed between the two nations. Under the watchful eyes of the Indian government, Abdullah was selected as the prime minister of the then Jammu and Kashmir. But this was supposed to be a temporary measure to prevent any further attacks from the Pakistani side. The Indian government said that Jammu and Kashmir people would be able to decide whether they want to stay as a part of India or become a sovereign nation. Under Article 370, the Indian Constitution, the state of Jammu and Kashmir received temporary provision of autonomous status.

Provisions offered by Article 370

To understand the contempt of the Jammu and Kashmir government with the Indian government, over Article 370, you must follow the provisions, which were mentioned in the article, when it was created. It was highlighted that the Jammu and Kashmir authority would be free to govern the people as per their laws. The Indian government will only have the power to intervene in matters pertaining to diplomacy and defense. The area will be outside the jurisdiction of the Indian Supreme Court. But it seems that things are not so simple in the real-life scenario.

If you take a look at the Article 35A of the Indian Constitution, you will realize that Jammu and Kashmir natives were supposed to get precedence over the others when it comes to State Government job vacancies, state settlements, and distribution of scholarships. Unfortunately, over the years, these provisions have been limited to paper only. It has given birth to the serious discontentment among the natives of Jammu and Kashmir. You can also read more about Samvidhan in Hindi on internet if you need the information about constitution in Hindi.

Abolition of Article 370

After Prime Minister Narendra Modi came to power, he made several attempts to abolish Article 370. The elimination of this article will mean that Jammu and Kashmir will function as any other state, within the international borders of India. This announcement was not well-received by the Jammu and Kashmir political parties, and a certain section of the plebeians. They reacted negatively to this comment. In the end, even the Supreme Court came out with the verdict that the total abolition of the article is not possible. Though it was created as a ‘temporary provision’ it has not attained a permanent character in the Indian Constitution.

What does the abolition of Article 370 mean?

As soon as the king of Jammu and Kashmir signed the Instrument of Accession, he only agreed to surrender three aspects of the government. These are defense, communication and external affairs. Under Article 370(3) it has been clearly mentioned that the President of India may take the necessary steps, and proclaim the official elimination of Article 370. If this happens, then the government of Jammu and Kashmir will no longer have to answer to the Indian government. The Indian troops will have to be recalled from Kashmir as the new sovereign nation will have total control over the defense department as well. Apart from this, the Jammu and Kashmir government will be able to make their external affair laws and communication protocol.

Is that a possibility in the near future?

As the external relations between India and Pakistan continue to worsen, the Union Government of India is in no mood to let go of their control over Jammu and Kashmir any time soon. With J&K out of their control, there will be a substantial increase in the Pak funded terrorist attacks on Indian soil. With the high mountains in Kashmir, they will get a tactical advantage against the Indian soldiers. Thus, it is clear that the Indian government will not step on the blade by granting full sovereignty to Jammu and Kashmir.

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Finding a lawyer isn’t as easy as it sounds. Sometimes, it can seem downright impossible. That rings true all around the country, as it does in Queens. There are so many practices out there, and when you’re in need for some legal advice, how do you know which one to turn to?

Go up Queens Boulevard and see just how many Queens Law Firm ads you come across. Or, turn to Google to see how that goes. Literally hundreds of results, and no way to honestly know which one is better for your needs.

At least not unless you come prepared. When they’re looking for a lawyer fast, most people have two significant criteria on which to base their choice:

  • A lawyer who specializes in cases similar to yours;
  • A lawyer in your location, in this case Queens.

But from there, there’s still some exploring to do. Here are four things you should weigh in before hiring a lawyer in Queens.

  1.  What’s the Payment Process?

Here’s one of the first things you should discuss with your lawyer: how they’ll bill you for representing your case. Calling an attorney’s office to ask for billing information and not getting it is cause for concern, and you should keep looking at other practices.

In most cases, lawyers are fairly upfront about their rates and payment process. The actual sum you’ll have to pay will depend on your case and, sometimes, even the time of the payment will depend on it. For instance, if you are asking for compensation from a party, a lot of lawyers will work on your case on a commission fee, which means they’ll only get paid a particular percentage of the final settlement. Until then, you won’t have to pay them.

Still, remember to specifically ask about this up front to avoid any unpleasant surprises.

  1. How Are They Going to Handle Your Case?

Even if a lawyer has a lot of experience in specific niches, you should still press to see what they think and plan to do about your case. There may be some particularities that would warrant certain expertise or course of action, and you should know if your attorney will be able to handle them.

Ask about their work process. How many people will work on your case? Do they have their investigator or a person with experience in consulting? You need to make sure all your needs are taken care of, whether it’s by your lawyer or someone on their team assigned to your case.

  1. How Will They Communicate with You?

You hire an attorney to handle your legal needs, but you should still be kept in the loop. Legally, lawyers can’t sign off on any deals without consulting you, but it’s better to know exactly what they are working on.

So ask your potential attorney how they’ll be updating you on the case. Let them know you want to know about all the steps of the process beforehand. If they don’t like this requirement, then it’s best to keep looking. That firm might not be the right one for you.

  1. Ask about Referrals

You should also do a bit of research into the lawyer’s track record before you sign anything. Talk to previous clients to see if they were happy with the services, or check their success rates. It’s always best to find out plenty of information about the Queens law firm and its team before going to them with a case.

Back to You

These are the essential things you should know when choosing a great lawyer in Queens. Remember, the market is full of options, but it’s ultimately up to you to be critical about which firm you take your case to. If you can, take some time to reflect before deciding anything and compare multiple potential attorneys to ensure you make the right choice.

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If you have decided to hire an appellate attorney, it means you have gone through trial and are not satisfied with the ruling delivered by the lower court. Now that you are thinking of making an appeal, you must go with a skilful appellate attorney. You need to hire an attorney who is well-versed in navigating through the legal waters in case of appeals. This is important because the right attorney can increase your chances of success. Here are a few things that you need to remember when hiring an appellate attorney.

Experience matters a lot

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Mastering the skills needed to become a polished appellate attorney takes time and experience. Leafing through documents for errors, carrying out thorough research, penning down persuasive briefs, and presenting effective arguments to judges are all part of an appellate attorney’s job. How well he or she carries out these tasks can make all the difference in a case. You need someone who is vastly experienced in handling appeals. So, experience should be the first criteria for your selecting an appellate attorney.

The appeal must be handled by the attorney

The appellate attorney you select must handle every aspect of your case. Remember that your attorney should be the one with whom you discuss the case details. Further, he or she should be the one to present the brief and argue your case in front of the judges. Sometimes it’s seen that some lawyers take up appeal cases and then refer them to their subordinates. Make sure that this doesn’t happen to you. Before hiring an appellate attorney, ensure that he or she will be handling your case until the end.

The attorney must have persuasive writing skills

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Appellate lawyers need to possess exceptional writing skills. A brief is regarded as the most important part of an appeal. An attorney writes a brief in order to state the facts related to the case and set forth the legal arguments. Based on the briefs, the judges decide if the request for verbal arguments will be entertained by the court or not. As such, it’s extremely important that the brief must be written persuasively and clearly. This means the writing skills of your appellate attorney has to be of excellent standards. So, be sure of this aspect before you hire your appellate attorney.

The attorney must be a refined orator

Presenting arguments in front of a jury in a lower court is vastly different from doing so in front of the judges’ panel in a higher court when handling an appeal. Unlike the trial courts, no examination or cross-examination of witnesses takes place in such courts. The appellate lawyers have to argue their case orally and provide satisfactory responses to the questions put forward by the judges. There is no hard and fast rule as to what sort of question a judge can ask your attorney. So, your attorney must be skilled enough to rise up to the occasion and respond in the best possible manner. As such, you need to hire an appellate attorney who is a refined orator.

What is an affidavit?

An affidavit is a statement written by a party to the proceedings or a witness.

It is the most efficient way to present facts to a court.

There is limited time to give personal accounts of evidence in court.

Most evidence is provided by affidavit to allow a case to run efficiently and quickly.

Any affidavit you want to use in court to support your argument must be served on all other parties.

This means you will have to ensure that the other side and the Independent Children’s Lawyer will also get a copy of the affidavit.

This is only fair so that everyone knows about the facts of the case and what each side is arguing.

Whenever you file an application or a response to an application in an Australian Court, you will need to include an affidavit from the person who is filing the paperwork.

Both the Federal Circuit Court and the Family Court have blank affidavit forms on their websites that can be used by applicants and respondents.

Make sure you use the correct form depending on what court your proceedings are in.

Preparing your own affidavit

You are able to write your own affidavit, however we recommend that you use a family lawyer Sydney to help.

If you are a low income earner, you may be eligible to receive funding for your case from Legal Aid.

If you call the court, the staff can assist with questions about the various court forms and the court process, however they cannot provide legal advice.

You must ensure that your affidavit is typed clearly and printed on one side of the page.

The affidavit should be divided into paragraphs that are numbered and are easy to reference.

Try to put between 15 to 80 words in each paragraph so that it is easy to read and reference.

You can include separate headings throughout the affidavit to make it more structured and easier for the reader; for example, you may put a heading like ‘Short history of our relationship’ or ‘Post separation contributions’.

Try to make it as logical and sequential as possible.

What should I put in my affidavit?

You should include recounts of all incidence that you feel are relevant to your case.

The most important thing you need to remember when drafting your affidavit is how what you are saying is relevant to support the orders you have asked the Court to make.

You must provide reasons to convince the court as to why they should make the orders that you have requested from them from either your initiating application or your response.

This means that your affidavit will need to be at least a few pages long.

You do not need to produce a history of your life for the court to read. It is a careful art being able to decipher what to include and what to exclude from an affidavit, so do your best to constantly place yourself in the judge’s shoes and consider what is relevant to what you are asking.

What should I avoid putting in my affidavit?

You should avoid sentences that are opinionated or lack any basis.

For example, you should not make a statement like “I believe that my house is worth $500,000 because the Sydney property market is doing well.”

You are not a licensed real estate valuer, so your opinion to the court is not relevant.

You could state something to the effect of “On 22 March 2017, I engaged a licensed real estate valuer to value my house. Attached is a copy of the report by the valuer. The report states that the house is worth $500,000.”

You should avoid mentioning facts that you have heard from other people.

This is referred to as ‘hearsay’.

For example, refrain from writing a sentence to the effect of “I heard from my brother-in-law that my spouse smoked marijuana on new years eve.”

There are, however, exceptions to the hearsay rule.

If there are special circumstances, a court may grant leave and allow you to include information that was hearsay.

Annexures

You should attach any documents that you refer to in your affidavit to the back of your affidavit. These are called annexures.

For example, you may want to annex a copy of a contract of sale of property to prove to the court that a property was sold for a certain amount.

All annexures should be referenced in sequential order by a letter.

Your first annexure should be called Annexure A and your second annexure should be called Annexure B and so forth.

Swearing an affidavit

The person making the affidavit must sign the bottom of each page in the presence of an authorised person, such as a lawyer or Justice of the Peace.

Every annexure must have the following statement on it:

This is the document referred to as Annexure [insert reference number] in the affidavit of [insert name of person making the affidavit], sworn/affirmed at [insert place] on [insert date] before me [authorised person to sign and provide name and qualification].

This needs to be signed at the same time as the main affidavit is signed.

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For anyone who has been arrested or has a friend or family member who has, it’s important to know everything they can about the bail process. When arrested and charged for an offence by police there is a fragile timeframe in which to secure a temporary release.

Understandably, securing a release bond is critically important in the personal liberty of the accused and their ability to prepare a defence in court. For these reasons most people will not want to take any chances when it comes to getting a temporary release.

For those who wish to maximise their chances of a successful application they should use the services of an experienced bail lawyer in Melbourne who has an intimate understanding of the entire process.

The Important Factors

For a court to grant a temporary release to a person charged with an offence, they need to consider two primary factors.

Showing Cause

In order to be granted bail, the defendant may need to ‘show cause’ regarding the offence. This involves showing the court that it is not necessary to keep the offender in jail.

An offender will have to show cause usually when it is a serious offence such as crimes relating to sex, firearms or violence. They will also need to show cause if they have committed the offence whilst already being in a temporary release or parole period. It will be much harder to get a bond if the court determines that cause needs to be demonstrated.

Concerns of the Court

There are four primary concerns the court will consider regarding an application for temporary release.

  1. Will the accused show up to court if released?
  2. Will the accused commit a serious offence while released?
  3. Will the accused represent a danger to the community if released?
  4. Will the accused harass witnesses or interfere with the course of justice if released?

If these concerns are not an issue for the court regarding the case or if they can be satisfied with release conditions, then the application must be approved.

Conditions of Release

The conditions of a temporary release cover a wide range of behavioural areas in order to ensure the accused does not re-offend or avoid court appearance. These are known as ‘conduct requirements’ and essentially aim to answer any of the court’s concerns regarding the release of the accused.

Common conditions include regular reporting to police, sacrifice of passport, staying away from specific people or places and obeying a curfew. The only mandatory conditions are that the accused lives at a clearly defined address and agrees to appear in court for their hearing.

If any of these conditions are not considered enough to allow for a temporary release, then there are a few other types that can be used.

A security requirement means giving the court an amount of money or assets to be retained if the accused does not attend their hearing. A character acknowledgment involves getting a person who is considered of ‘good character’ to sign a document stating that they believe the accused will stick to their bail conditions.

Enforcement conditions require the accused to agree to terms that will help guarantee their conditions are met, such as answering the door for police.

In order to better understand these requirements and how to satisfy them, a person accused of an offence should call on the services of a bail lawyer in Melbourne.

If Bail is not Granted

If an application for temporary release fails, there are only a few circumstances in which the accused can re-apply.  These circumstances include:

  • There was no lawyer present to advise the original application.
  • There is significant and meaningful new information to justify a temporary release.
  • If the accused is under eighteen years of age and the original application was made on their first appearance for the offence.

If Bail is Breached

If a condition of release is not met, then the police will arrest the accused and bring them back to court. Depending on the seriousness of the breach, the accused may be let off with a warning.

If the accused is taken back to court for breaching a condition, it is far less likely they will be granted another temporary release. This is why it’s crucially important to make sure the conditions are fair and accomplishable for the accused the first time round.

Conclusion

The facts outlined above are basic yet extremely important rules for anyone accused with a crime to understand. Applying for bail can be a complicated process to understand especially for those inexperienced with the law and their rights.

For these reasons, it’s clear that anyone charged with a criminal offence should rely on the services of a bail lawyer Melbourne to adequately represent them and secure the best possible outcome.

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Family Law is a complex branch of law that deals with the highly emotional and personal section of our lives: family. Proceedings can be arduous and taxing and as such people have many questions about them.

Here are some of the more common questions about Family law in Sydney:

1. How much should I tell my family lawyer?

Everything you can that is important to the case. Even if you think it’s embarrassing or shameful, it might help give context or specific important that could aid your case. It is however, crucial to avoiding using your lawyer as a proxy counselor. Although every lawyer has a different level of emotional connection and interpersonal knowledge about their client, maintaining a balance between expressing emotional material important to the case and for cathartic purposes is key for both you and your lawyer. And hopefully your lawyer can help you get proper support during this time.

2. Does the law prefer certain gender in divorce proceedings?
There’s no explicit laws that dictate one gender is more likely to receive more or less in a particularly area during a divorce proceedings. The most common thinking is: men have greater clout in financial matters, while women are more likely to receive custody.
There are numbers that show this to be true, but these can be better explained through societal and environmental factors, rather than a legal bias.

3. Can I have someone come with me to court?
Yes! It is quite normal in fact to have a person or two come support you in the courtroom. They will not be able to sit next to you, but they will be able to sit directly behind you if you do want them close by. However you will not be allowed to have any witnesses in court before or after their testimony.

4. Do I have to wear a suit?
No, it’s not a requirement. Although any family lawyer in Sydney would heavily suggest dressing nicely so a suit or a nice dress are really strong options, but so are smart casual outfits too. However making sure you’re comfortable being there in what you’re wearing is important too, not thongs and tracky level comfortable, but if a suit it too much or you don’t own one, then wear something else.

If the wedding is called off, who keeps the ring?
Family Law in Sydney dictates the engagement ring is considered a ‘conditional gift’, the idea that if you receive the gift (ring) when you fulfill the condition (marriage). This is the run down for the three main scenarios:
– If the wedding is mutually called off, the ring is to be returned to the original owner.
– If the receiver of the ring calls off the wedding without legal justification, they must return it.
– If the giver of the ring calls off the wedding without legal justification, they cannot ask for the
ring back.

6. What is supervised time?
As under the 1975 Family Act, parent – child interactions were empathised, supervised time is shared time between the two, but while being observed.  It is normal for the supervisor to be a family member, friend, or if needed a professional government official, furthermore it is common for notes to be taken of the interactions.

7. Why is prescribed?
There are a couple reasons it can be ordered by the courts, all falling under the protection of the child’s wellbeing and safety.
– If the child is at risk of sexual abuse
– If the child is at risk of physical or physiological harm
– If the parent’s conducted is deemed to be inappropriate or detrimental to the child (drug abuse, alcoholism etc.)

These are some short answers to questions about Family law and lawyers in Sydney.