POWER OF ATTORNEY

What is power of attorney and General power of Attorney

POWER OF ATTORNEY AND GENERAL POWER OF ATTORNEY

A power of attorney is a legal document through which gives authority to another person to take any financial or personal decision on your behalf. The person who gives power of attorney is known as PRINCIPLE (EXECUTANT) and the person who receives Power of attorney is known as AGENT ( ATTORNEY).

WHY POWER OF ATTORNEY IS REQUIRED ?

  • If you are Physical Handicap
  • If you have any Travel Restriction
  • If you are busy in diffrent activities like business or any other things.

Types of Power of attorney

  • General power of attorney
  • Special Power of Attorney

GENERAL POWER OF ATTORNEY

What type of Powers given to the Genral power of attorney.  (clauses)

  • To manage, control, look after, and supervise the property as said attorney deems fit and proper.
  • To construct, renovate or rebuilt the said property as per sanctioned plan insured by the concern authority, if necessary.
  • To apply for and get the electric, water, power, sewerage and other connection/ services the said property from the concern dept.
  • To let out time said property on rent to any person to realise the rent of the rent of the said property from the tenants.
  • To execute, sign present and ratify all such papers, document etc, for me  in my name on my behalf  pertaining to sale and transfer of the said property.
  • To deposite all fees, dues, installments, house tax and other charges to the concerned authorities on my behalf.
  • To sell, mortage, gift, release, transfer the aforsaid property to any one to receive the earnest money and consideration amount to execute the sale dead/proper deeds and documents and present the same for registration in the office of the concerned sus- registrar, Delhi and get the same registered and to admit the execution thereof.
  • To receive the compensation or alternative site in case the said property is acquired by the concerned authority.
  • To appoint and remove future attorneys.
  • This general POA shall be irrevocable.

And generally to do all acts, deeds and things for me in my name and on my behalf in respect of my said property as my said attorney may deems fit and proper.

SPECIAL POWER OF ATTORNEY

Special Power of Attorney are made for limited purpose for performing specific task. This is give for special task for example Husband is giving Special power of attorney to her wife for transfering his land. To register sale deed, the husband has given the special power of attorney to his wife.

 Legal status of Power of attorney

 Who can create Power of attorney?

A person who is Mentally Sound then he can create POA but is the person is Mentally Incapacitated then he cannot create POA and if he had made the power of attorney then the document will be invalid and it will not considered.

When power of attorney will be LEGAL.

  • When it is singned and dated by Principal.
  • Notarization compulsory.

Validity and Duration of Power of attorney.

invalid When:

  • Special Task is completed
  • Revoked by principle
  • Validity period is over
  • Principal- incapacitated, Bankrupt or dies
  • Divorce or legal Separation

Draw Backs

Misuse by agent- If you have given the POA to a wrong person who is not trust worthy then, he can misuse the power like transfer the property to the other person whom you have not told to transfer.

]Also Read:-

Codification of law

What is NOC

Preamble of Indian Constitution

Domestic violence in India

]Disclaimer

All the information provided in the article is to our best of knowledge on the subject. We hold no responsibility, whatsoever, in case of any disparency in the information provided. You could let us know through the comments section or by contacting us through our Contact Us page if you feel anything mentioned above is wrong. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. However, we take no guarantee for it and you’re completely free to trust or ignore the information provided in the article.

ME TOO MOVEMENT MEANING

Me Too Movement Meaning | Origin | Article

Me Too Movement Meaning and origin

On 2006 Me too movement was founded by Tarana Burke to help Survivors of Sexual harassment and Sexually assaulted women, particularly the young women. Now-a-days me too movement is trending in India. Many women who were sexually harassed were using #metoo to leave an impression that she was also sexually harassed by in her past. Many people are don’t aware of me too movement.

On October 17, the “me too movement” was spread rapidly around the world, people of different countries are using hastag #metoo in social platforms. Now the question is what is me too movement?

What is me too movement ?

Tarana Burke, an American social activist and community organizer, began using the phrase “Me Too” as early as 2006, and the phrase was later popularized by American actress Alyssa Milano, on Twitter in 2017. Milano encouraged victims of sexual harassment to tweet about it and “give people a sense of the magnitude of the problem”. This was met with success that included but was not limited to high-profile posts from several American celebrities, including Gwyneth Paltrow, Ashley Judd, Jennifer Lawrence, and Uma Thurman.

On 2006 Tarana Burke an American social activist and community organizer, was using the phrase “Me Too”, on the social network as part of a campaign to promote “empowerment through empathy” among women who has faced sexual harassment, particularly within underprivileged communities. Burke, who is making a documentary with the title “Me Too, she was divine to use the phrase after being incapable to respond to a 13-year-old girl who confided to her that she had been sexually assaulted. Burke later wished she had told the girl, “me too”.

A year after it began in United States, Indian women are inculcated the me too movement and they also began to use the phrase “ME TOO” #meetoo, after few days many women joined this movement and each and every social platform were filled with has tag me too.

Few days ago many Indian celebrity also joined the movement and they tweeted with has tag me too #metoo.

Here are few tweets of celebrity who had tweeted with #metoo
The most famous names in the allegations include former journalist and Minister of State for External Affairs MJ Akbar, filmmakers Vikas Bahl and Sajid Khan, actor Alok Nath and lyricist Vairamuthu.

Where this began:-

Actor Tanushree Dutta told in an interview the molestation she had faced at the hands of actor Nana Patekar long time ago. And performer Utsav Chakraborty, who has worked with All India Bakchod, was suspected on Twitter first by writer Mahima Kukreja and then by aggregate women of sending unsolicited image of his genitalia. Since then, many women have been sharing their stories on social media of maltreatment at the hands of men in place of power, cutting across industries from news media and advertising to theatre and music. The unfortunate person felt they could lastly tell their assaulter: #TimesUp.
{ALSO READ-

Disclaimer

All the information provided in the article is to our best of knowledge on the subject. We hold no responsibility, whatsoever, in case of any disparency in the information provided. You could let us know through the comments section or by contacting us through our Contact Us page if you feel anything mentioned above is wrong. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. However, we take no guarantee for it and you’re completely free to trust or ignore the information provided in the article.

DOMESTIC VIOLENCE

Domestic Violence In India | Cases | Report | Status

STATUS OF DOMESTIC VIOLENCE IN INDIA

Domestic Violence In India ! Domestic violence against women in India is a reality and . people are reluctant to do anything about it or even talk about it sometimes. It occurs in millions of households everyday and huge number of these incidents go unreported. Violence in the home effects everyone within the household, whether or not the family members are victim to abuse themselves and it extends well beyond the confines of home, affecting neighbour, family, friends, coworkers, and the community at large. So, to protect from domestic violence and dowry death government has implemented a law which is SECTION 498 A of IPC.

But I want to discuss one thing is that, 80% case filed under section 498 a of IPC is fake, women file case for money or to harass the husband and his family.

So, this article is for general view of Domestic Violence in India which is a topic to be discussed and the measures to be taken if someone is suffering from it.

So, This is Rohit kumar and welcome to my blog.

If husband or the person who belongs from her mother in law’s family put pressure, harass or beat for dowry, then women can ask for protection under section 498 A of IPC. She can file case under section 498a Of IPC which will protect her from  anything wrong happening with her. Section 498a is also deal with cruelty and breach of trust. The offence committed under section 498 A is Non bailable Offence.

ALSO READ:-

WHAT IS ARREST WARRANT LAW

JOINDER OF PARTIES | COMPULSORY JOINDER | EXPLANATION

SECTION 125 OF CRPC

Advantage of codification of Law.

 Certainty:-

By codification, law becomes certain and uncertain as it generally is in precedent and custom.

Simplicity-The codification of Law makes law simple and accessible to everybody. By codification of law on any particular point is made accessible and known to everyone, so that the citizen come in a position to know their rights and duties well.

Logical Agreement:- By codification law is logically arranged in a coherent form nad there occurs no chance of conflicts arising among the different provision of law.

Stability:- The codification makes the law simple and stable. Stability is very essential for law so that the people may have confidence in it and the legal transaction may be made easily.

Planned Development:- Codification bring uniformity, which in turn helps in the planned development of the country.

Unity: Codified Law have uniform and wider application. This helps in developing affinity and unity among the people, who are governed by the same laws.

How to file case for domestic violence in India under section 498 A?

OR

How to report domestic violence in India?

If a women is facing cruelty or she is mentally or physically harassed by the Mother in Law’s House.

Before or after marriage if any type of dowry demand is raised by the husband or husband’s family.

THEN UNDER SECTION 498 A SHE CAN FILE CASE IN THE COURT OF LAW.

Where to file case for domestic violence Under section 498 A of IPC In India.

 Except from crime against women cell she can call at 100 (police) or Mahila Sahayata Kendra (1091 ) can file complain against domestic violence 24×7.

OR she can file complain her nearby police station.

In Delhi each and every District has there own CRIME AGAINST WOMEN CELL, where you can also complain about domestic violence.

According to supreme court guideline she can also complain at CWC cell, National Legal cell, State Legal Cell and NGO.

After registration of complain CWC Cell will here the complain and ask the husband to present before the Mahila Ayoug Kendra or CWC cell.

If husband is not ready to present before CWC cell then CWC cell cannot force husband for summon.

If husband is ready to present before the CWC cell, CWC cell will try to do comprise between wife and husband but if there is no chance of compromise then the case will be filed against the husband and his family also.

Disadvantage of Codification

How to solve 498 A case or How to stop domestic violence in India

There are three steps to solve the 498 A case:-

  • Counseling- National commission for women has appointed few people in the CWC. If wife want to stay with the husband and police feels that there is no threat to the wife from the husband part, then CWC will resolve the matter by conducting counseling.
  • Mediation – In National and State legal Authority a Advocate is appointed for doing mediation. The work of the advocate is to call the both husband and wife in the mediation center and they will discuss about the problems and after hearing all the facts and figure the advocate will find solution and give them option to resolve the matter.

The section was enacted to combat the menace of dowry deaths. The main objective is to protect a woman who is being harassed by her husband or relatives of her husband.  But with the rise in modernisation, education, financial security and the new found independence the radical feminist has made 498A a weapon in her hands. The police, civil society, politicians and even judges of High Courts and Supreme Court have offered these arguments of the ‘misuse’ of laws vehemently.

The objective of this section is to protect women but the investigation should be such that no false case is filed against the husband and his family. The abuse of this section is rapidly increasing and women who is well-educated know that this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind the bars. The position of women in India is still bad and they still need rights to alleviate themselves in society but many a times fail to notice others’ rights as long as their rights are ensured.

{ALSO READ-)

LIST OF DOMESTIC VIOLENCE CASES IN INDIA:-

Disclaimer

All the information provided in the article is to our best of knowledge on the subject. We hold no responsibility, whatsoever, in case of any disparency in the information provided. You could let us know through the comments section or by contacting us through our Contact Us page if you feel anything mentioned above is wrong. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. However, we take no guarantee for it and you’re completely free to trust or ignore the information provided in the article.

aadhar card news

AADHAR CARD NEWS | LATEST JUDGEMENT | VERDICT

Much awaited Aadhaar Judgment is finally out. On 26th September 2018 aadhar card news has got caught. 5 bench Judges of Supreme Court have pronounced their judgement on ADHAAR Card. They have discussed and given a list of thing where ADHAR is mandatory or not.  In a 4:1 verdict, the Supreme Court has declared the Centre’s flagship Aadhaar scheme as constitutionally valid, but with conditions. The majority verdict of the five-judge Constitution Bench has ruled that there is no need to link Aadhaar with bank accounts and mobile phones, but held that Aadhaar could be passed as a money bill. The court further says that schools cannot insist on Aadhaar and read down Section 57 of the Aadhaar Act, barring sharing of information with corporate bodies. THE AADHAR CAR NEWS is now open the many barriers which people has to face while buying SIM card, now from tomorrow any person can buy sim card without aadhar CArd.

THINGS WHICH NEED TO BE LINKED WITH ADHAAR

  • PAN with ADHAAR
  • ADHAAR is mandatory for filling of income tax return
  • ADADHAAR is mandatory for taking any schemes and subsidies.

THINGS WHICH NEED NOT TO BE LINKED WITH ADHAAR

  • SIM CARD

  • SHOPING ONLINE

JUDGEMENT YEAR WISE:-

* Jan 2009: Planning Commission notification on UIDAI.

* 2010-2011: National Identification Authority of India Bill, 2010 introduced.

* Nov 2012: Retired Justice K S Puttaswamy and others file PILs in SC challenging validity of Aadhaar.

*Nov 2013: SC orders all states and Union Territories be impleaded as respondents.

* Mar 3, 2016: Aadhaar Bill, 2016 introduced in Lok Sabha; later passed as Money Bill.

* May 2017: Former Union minister and Congress leader Jairam Ramesh moves SC challenging.

* Mar 3, 2016: Aadhaar Bill, 2016 introduced in Lok Sabha; later passed as Money Bill.

* May 2017: Former Union minister and Congress leader Jairam Ramesh moves SC Challenging the Centre’s decision to treat Aadhaar bill as a money bill.
* Aug 24, 2017: SC nine-judge bench rules that right to privacy is a fundamental right.

* Dec 15: SC extends deadline for mandatory linking of Aadhaar with various services and welfare schemes till March 31, 2018.

* Jan 17, 2018: SC five-judge bench begins hearing Aadhaar case.

* Jan 25: SC asks Chhattisgarh HC to modify in 10 days its order directing all trial courts in the state to mandatorily accept copies of Aadhaar card for releasing an accused on bail.

* Feb 19: Delhi BJP leader Ashwini Kumar Upadhyay seeks direction to EC to take appropriate steps to implement an Aadhaar based election voting system.

* Feb 21: SC says the alleged defect that citizens’ biometric details under the Aadhaar scheme were being collected without any law, could be cured by subsequently bringing a statute.

* Mar 7: SC says Aadhaar number not mandatory for enrolment of students in all India exams.

* Mar 13: SC extends March 31 deadline of Aadhaar linking till it gives its order.

* Sep 26: SC upholds constitutional validity of Aadhaar but strikes down certain provisions including its linking with bank accounts, mobile phones and school admissions.
READ FULL JUDGEMENT
ALSO READ:-

CODIFICATION OF LAW

SECTION 125 OF CRPC

ARTICLE 18 OF INDIAN CONSTITUTION

ARTICLE 16 OF INDIAN CONSTITUTION

AFFIDAVIT

Affidavit in India | What is Affidavit | Make Free affidavit

Any person for himself or the person who depends on him writes or declare any facts is called affidavit. It is attached by those people who are authorized by the government like notary or oath commissioner. The declaration made in front of the oath commission is recorded by the officers and then that can be used in the appropriate place.

 

TYPES OF AFFIDAVIT

They are three types:-

The first, which is given in front of the Government or Non-government officers or under any Government or Non-government Office. These types of affidavits are used in Marriage, Birth certificate, Rashan Card etc.

The second is given in the court.

These are also two types.

  • The first one is those in which a person has to give in writing which they are confessed in front of the Court. It is given in the form of evidence and it is commonly found in cheque bounce Cases or civil cases. It is same as normal affidavit but in the upper portion, the Name of The Court is Mentioned.
  • Those Second where the person has given in writing what he has said in the front of the court. The evidence are also given in support.

 

The third one is given in High Court or Supreme Court in written form.

 

PURPOSE OF AN AFFIDAVIT

 The purpose of an affidavit is to verify the words which are spoken by the person in front of any officer Government or Non-Government on his behalf or the person who depends on him. The words spoken or written in the affidavits is assumed as True and further procedure will be followed by taking consideration of those facts.

According to The Oaths Act 1969, any statement given in the affidavit or written in the affidaavit will be assumed as true. It can be used in Courts and Semi Judicial commission, for example, MCD, DD etc. These are the purpose of an affidavit

 

IN WHICH LANGUAGE YOU CAN MAKE AFFIDAVIT

You can make in any language like English Hindi or in your regional language can be used, But in High Court and Supreme Court, only English Language is excepted. If you want to use your state language, then you have to take permission from the High Court or Supreme Court and if they permit you then you can use your state language.

(ALSO READ-  WHAT IS NOC CERTIFICATE  )

(ALSO READ -Consumer Forum | How to file Complain step by step | Fee | Online)

How to get an affidavit 

You have to follow only five points

1) You have to write HEADING– For Example if you are making Affidavit for education gap then you have to write { AFFIDAVIT FOR EDUCATIONAL GAP}

2) You have to write Name, Address, Date of Birth.

3) Now you have to write the main points or reason for making Affidavit. Why you want to make this affidavit.

4) Oath– You have to write that – the statement given in this affidavit is true  and you have to put your Signature

 

  • Now you have to attest the affidavit with oath commissioner.

RELATED TOPICS:-

How to file UP Police Online FIR in English and Hindi

Meaning of cognizable offence and Non Cognizable offence | Difference

 

How to make Court Affidavit:-

 

Court affidavit is also similar like every affidavit but only name is changed. In the upper side, the name of the court Is mentioned, where you have to deposit the affidavit. Only those statements are written in Court Affiidavit which you have to speak in front of the court and supportive evidence like you are declaring your income and for that, you are giving you salary slip.

 

Now we will talk about where to attest.

 

The affidavit can be attested in two ways-

 

  • You can attest with oath commissioner

 

  • You can also attest with Notary

 

Those affidavits which are given in the court are only attested by the oath commissioner

 

And those which are given in any government or non-government offices will be attested by the Notary

 

Stamp paper and fees

The affidavit which you are giving in the court in those affidavits you don’t have to pay any fees or stamp duty, only you have to pay fee to the oath commissioner for attestation. And for all the other only you have to pay stamp duty.

PUNISHMENT IF YOU ARE MAKING ANY FALSE STATEMENT IN AFFIDAVIT

If any person has given any untrue statement then the court can or issue arrest warrant and prosecute under giving false statement in the Court. According to section 340 Crpc the court will order to prosecute him and if the court finds him guilty then the court can give maximum 7 years of imprisonment.

what is an affidavit used for many purposes like to collect evidence.

  • it used for making Birth Certificate.
  • it used for making Name
  • it used for Address.

HERE IS THE Affidavit Form SAMPLE WHICH YOU TAKE A LOOK AND UNDERSTAND HOW IT LOOKS.


Affidavit Form

 

 

AFFIDAVI SAMPLE IS HERE CLICK ON THE IMAGE IN SEE WHAR ARE THE POINTS ARE MENTIONED.

affidavit sample

 

 

affidavit sample

Conclusion:-

I have Explained everything which will help you to increase you basic knowledge if you want to know more then comment down below. I will E-mail you each and everything which you want to know. If you want a legal help then email us on [email protected] Congratulation! This is free of cost.

 

Disclaimer

All the information provided in the article is to our best of knowledge on the subject. We hold no responsibility, whatsoever, in case of any disparency in the information provided. You could let us know through the comments section or by contacting us through our Contact Us page if you feel anything mentioned above is wrong. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. However, we take no guarantee for it and you’re completely free to trust or ignore the information provided in the article.

NOC CERTIFICATE

What is NOC Certificate | Meaning | Importance | Format

First of all, you should know the NOC  CERTIFICATE Full Form which is NON-Objection Certificate. After paying all the Loan Amount you people think that you are free from liability and you feel secure and fresh but what if that bank or institution file a case against you that you have not paid the loan then how you will prove.

So for that, you have to take a NOC ( NOC Certificate)

NOC Meaning

NOC means Non-objection certificate This certificate is obtained from those places where any person has an objection. For example- if you want to put a Mobile tower in your land or in your terrace then it can happen that your neighbor has an objection so for that you have to give application for NOC or NON-Objection Certificate from your neighbor or any person who you think that objection can arise.

NOC Certificate Example

Likewise, if you are doing a job in two places then you have to take No Objection Certificate from one the company where you work which mean that the first company has no objection if you are working in other company also or another place. {No objection Certificate from an employee for a new job can be obtained from the company simply you don’t have to do so much just put an application for NOC and that it, you are done}

If you are leaving in rent apartment or flat there you can also take “No objection certificate” from Land Lord.

One more example is that you have bought a bike on loan and you have paid all the installments but what if they file a case against you that you have not paid all the loans or installments.

BENEFITS OF NOC CERTIFICATE

In that case, NOC will save you. NOC is one of the best evidence to defend your self in the court of law.

And if you are buying an old bike or second-hand bike from someone then you have to take NOC because it can happen that there is a loan which is due and he has not paid all the loan then bank will take that bike from you. You will suffer the loss because of one big mistake be careful when you are buying any old bike from any seller.

You can take NOC certificate for BIKE, CAR, PASSPORT, VISA, EMPLOYEE, EMPLOYMENT, SCHOOL NOC CERTIFICATE.

NOC is the key to save your losses it will never harm you. So its better to take the NOC at right time because after time gets over and if case has been lodge against you then you cannot do anything and if court found that you are guilty and you have not paid because you don’t have any evidence to prove it. In that case court cam give you imprisonment also which is false imprisonment for you.

What is written in NOC

The loan you have taken from the institution is now paid by you and no installment is due. So it will be written in clear words and that will be treated as evidence in the court of law.

“Non-objection certificate” will be given by every institution from where you are taking a loan or any kind of thing in which you are paying the money in installments.

Non-objection certificate (NOC) will have much use. This will also enhance your market value. If you are going to other bank and want to take loan, then you can show him the NOC of taken from another bank by paying the Installments. The bank will see that you are an honest customer and he can trust you.

HERE ARE THE FEW NOC FORMAT FOR VISA, SCHOOL, EMPLOYEE, LOAN, COMPANY AND ONE GENERAL FORMAT

noc certificate format for land

 

 

 

 

noc certificate format for employee

immigration

What Is immigration Law | History | Policy | Rules | Question

WHAT IS IMMIGRATION LAW AND NEW IMMIGRATION POLICY REVISED BY THE TRUMP: ZERO TOLERANCE POLICY AND ITS IMMIGRATION HISTORY

DONALD TRUMP NEW IMMIGRATION POLICY REVISED: THAT IS REALLY CRUEL

People all over the country are justifiably outraged because nearly 2000 have now been separated from their parents and they are being held in these makeshift detention centers placed in literal cages at some of these facilities. The condition are prison-like now. For the most of part journalists and even lawmaker have not been allowed inside these centers but some journalists are now being let in. However they are not allowed to take pictures and they can only take notes and they are only allowed to spend 15 minutes in the facilities and this in according to David beg nod a reporter for CBS News not the united states Custom and Border Protection Agency actually did release a video and confirm that they are locked in literal cages and that’s what you are seeing now so the question is why we see human beings locked in cages, why are we seeing children locked in cages like animals.

 

Well this is due to a new policy announced by Donald Trump Department of justice where they are carrying out a zero-tolerance approach who crosses the border will be criminally detained and prosecuted and if you are crossing the border will with children and you are criminally detained what happened to the kids. They get taken into US custody hence why we are seeing thousands of children cages, so it’s really important to understand how he got here because what we are seeing is a very fascistic policy towards immigration but Donald Trump wouldn’t have been able to do had it not been for cruel and inhuman policies of his predecessors who really set the stage and moved us closer and closer towards the fascistic immigration policies that we’re seeing today, so it started with George W Bush in 2005 who instituted the first iteration of what’s now known as the zero-tolerance approach to immigration and as the New York Times explained in 2005.

 

 

He launched operation streamline, a program along with a stretch of the border in Texas that referred all unlawful entrants for criminal prosecution, imprisoning them and expediting assembly-line style trials geared toward quickly deporting them. The initiative results and was soon expanded to more border sector. Back then, however, an exception was generally made for adults who were traveling with minor children as well as juveniles and people who were ill. Now comparatively speaking what George W Bush did back then well that’s obviously a lot less cruel than what Donald Trump is doing now but back then a lot of us saw that as something that was incredibly cruel because he was talking this hard-line stance because according to him BUSH thought well you know if I am really cruel hopefully other immigrants who are thinking of coming over they will see that we are being cruel  and that will hopefully act as a deterrent that will discourage other from crossing the border. Now when Obama took office he actually used Bush’s program as a launching point of his own when he didn’t know how to respond to an influx of immigrants from Central America in 2004 so he also decided that he wanted to invoke a really cruel and harsh policy in order to discourage more people from crossing and he decided to detain everyone that crossed the border illegally and as the New York Times explains the steps led to just the kind of brutal image that Mr. Obama’s advisers feared hundreds of young children many dirty and some in tears who were being held with their families in makeshift detention facilities. Immigration advocacy groups denounced the policy, berating senior administration officials- some of whom were reduced to rueful apologies for a policy they said they could not justify- and telling MR. Obama to his face during a meeting at the white house in late 2014 that he was turning his back on the most vulnerable people seeking refuge in the united states.

TOTAL immigration statistics OF US

Few points of  Immigration policy announced by the Donald Trump:-

Trump back with George Bush’s Operation Streamline zero-tolerance policy and one of the main proponents in Trump’s administration.

According to DHS that 2000 children have been separated from their parents at the border and Trump’s Justice Department doesn’t explicitly say that children must be separated from parents at the border.

All individuals that cross the border illegally are taken into the custody

United state doesn’t have a policy or a way of reuniting most of these families so in some instances the parents are deported back to their country of origin and the kids remain in US custody.

HERE IS THE STATS OF IMMIGRATION OF AMERICANS UNDER 2018

 immigration statistics

What are the different kinds of immigration in the US and from where do most illegal immigrants come from 

I don’t know about the illegal immigration pros and cons but here are the different kinds of immigration explained and the solution. You can come to the us if you are married to or engaged to a US Citizen. Here I have given immigration examples, that who can called as immigrant and who are allowed and not allowed for immigration. The rules are little different depending on whether you are married or not and how long you have been married  you can also come here in the immediate family of the US like a parent sibling or child, there is also a special category for orphans adopted by Americans. When a citizen’s family members are coming to the U.S there is no limit to how many husbands wives children under 21 or parents that can immigrate but if a citizen wants to bring their adult children, their grand children or their brothers and sisters to the U.S there is limit every year, so its first come first serve. You are also not eligible to come, even if you qualify, if you have committed a serious crime or stay past the end your allowed visit or haven’t been vaccinated. The state department can also keep you out if they decide you are a security risk or that you will probably need welfare. The next big category aside from family is people coming here at work. First a business has to apply to be able to hire immigrants and then offer a specific person a job before that person can even start the process. The first group is people who have extraordinary abilities in science art education business or athletics. We are talking national or international reputations like noble prize winners, national soccer champions and that sort of things . These people also don’t need to have a job offer before they come unlike everybody else. Another part of this group is professors and scientific researchers coming to take jobs at colleges and universities or managers and executives at multinational companies transferring to U.S office. The second group with advanced degrees like PhDs, MBA, MD and so on experts in their fields and people with bachelor’s degrees and several years of experience. The third group is regular unskilled, skilled and professional workers this means people whose jobs take less than two years experience or training people who need more than two years and people need a college degree to do their jobs. The fourth group includes a bunch of small special groups like broadcasters, ministers, former US government employees, Iraqis and Afghnis who worked with the US military, and some graduates of foreign medical schools. The fifth group is people who have invested at least 1$ million or $50000 in a high unemployment or rural areas into business in America. The business has to create at ten jobs for American workers within two year and that doesn’t count jobs created for the investor’s family. Each groups gets a percentage of the total amount of visas given out every year for immigrants coming here to work, so being in a more selective group makes it way easier to get in. So start winning pie-eating contest future Americans there is also a limit to how many people can come from particular country every year. On top of the category limit so you might be within the limits for your category but if people from your country are 7% of the people who immigrated to the united states that year no one else in your country can come the next kind of immigrant is a refugee meaning someone who flees their home country due to a reasonable fear of being persecuted for their race, nationality religion political view or being part of a particular social group.

(Also Read:- What is Arrest warrant )

There is a limit to how many refugees can come and then also a limit to how many can come from a particular part of the world. One big change is that President Trump has signed an executive order which stops all refugees for 120 days and doesn’t allow refugees from Syria at all after 120 days, or about four months, the yearly limit on refugees will be cut from 1,10,000  to 50,000 a year, finally this is a lottery immigrant. Every year 50000 visa applicants are randomly selected from countries which have sent less than 50,000 immigrants to the US in the last 5 years. The question arises here is that where do most illegal immigrants come from. The fewer immigrants your country has sent the more likely it is that you will win to qualify someone has to have at least a high school education and the 2 years of experience in the 5 years working at a job which requires 2 years of training or experience. President Trump order also stops all immigration from Iran, Iran, Liby, Somalia, Sudan, Syria and Yemen for at least for 30 days. The government to add more screening and vetting procedure.

 

In 20 15 over 1 million immigrants moved to the US. Most of them came because they had family already here especially immediate family and the biggest category of those were husbands and wives reuniting. Here are some illegal and legal facts and statistics. The second biggest category is people coming to work and third was refugees. In 2014 about 80 million children were living with immigrant parents and that number has gone UP about 34% since the year 2000. this puts it about of one quarter (1/4) of all the people in the US under the age of 18. The number of illegal or undocumented immigrants in this country is guessed to be about 11 million which is 3% of the total U.S population of 324 million.

HERE ARE THE US ILLEGAL IMMIGRATION STATISTICS

illegal immigrant

 

Here the question arises that : how many illegal immigrants cross the border each year. This counts people who cross the border but also people who come here legally and stay past the end of their visa, some methods are easier than other. Most illegal immigrants are from Mexico was all most 6 million, after all it’s hard to get here from other places if you are poor But the number of undocumented immigrants from Mexico has been going down since 2009 with more coming instead from central America Asia and Africa. Studies guest are 8 million are working out that 11 million total, which means about 5% of the total of workforce. The total number of immigrants in the united states is about 43 million out of the US population out of the US population of 324 million that’s about 13.5%. There are also a little over 1 million permanent residents in the US Who aren’t citizens, most of them are from Asia or North America meaning Mexico or one of the Caribbean countries. So that’s permanent immigrants but what about visitors, there are also a long list of allowed reasons to visit the U.S. Athlete coming for a professional competition in pair or many certain Australian professionals, business visitors, foreign soldiers stationed here, foreign diplomates or employees of a foreign organization that has an office here, someone on an educational or cultural exchange, visiting for medical treatment, serving on the crew of a visit ship or airplane, a journalist doctor or religious worker, seasonal laborers, tourists, families of people with green cards or someone brought to the United States because they were victim of crime or human trafficking. Certain professional are come here for temporarily from Mexico or Canada or from another country if they have specialized knowledge. In 2014 about a 181 million people visited the U.S at some point, most of them were business travelers or tourists. About 2.5 million workers come with their families and there were 2 million students. These are the real immigration facts for students.

 

What are the immigration question asked in the airport or about the marriage in the US
  1. What is your name? / What’s your name?
  2. What is your date of birth? / What’s your date of birth?
  3. Where are you from? / Where do you come from?
  4. What is your purpose of visit to Malaysia/Singapore/Thailand/UK/USA?

Why do you come to Malaysia/Singapore/Thailand/UK/USA?

  1. How long / How many days will you stay in Malaysia/ Singapore/ Thailand/UK/USA?
  2. Where will you stay in Malaysia/ Singapore/ Thailand/UK/USA?

at Hotel / at Hostel/ Others

  1. Do you have any hotel booking/ hostel reservation or Invitation letter/ Offer Letter/ Visa Approval Letter/ Work Permit?

Yes, I have hotel booking / Hostel Confirmation/ Invitation Letter/ Offer Letter or VAL/ I-20.

  1. How much money do you have?
  2. When will you go back to your home country?

 

 

Conclusion:-

So immigration system is complicated. Some big things to remember is that there are way more visitor than immigrants that most immigrants come because of the family that’s already here that it’s easier to work here.

 

 

arrest warrant

What is arrest warrant law

What is arrest warrant law or what is an International arrest warrant law?

Many people have a question about warrants and one of the common questions they ask that  what’s arrest warrant”.  Arrest warrant definition:- An arrest warrant is another way for the criminal process, to start it is a document that is prepared at the booking area or the magistrate’s office or judicial commissioner. It has to have a couple of requirements.

  1. The officer that’s talking out the warrant must sign it under oath. He must give sworn testimony about what has happened.
  2. There must be a factual basis for that’s contained in the ward. For example, John Smith was driving erratically on a Gallatin Road in Nashville and his blood alcohol was point O eight that is the types of facts that are listed.

One crucial thing that is important is hearsay evidence is admissible in the issuance of the warrant so I could say John Smith told me that he saw Robert Jones steal some stuff out of my house so that hearsay information is in missamma for a warrant.

(ALSO READ:- what is contempt of court?)

What to do if you have a warrant for your arrest?

Now a lot of times when people hear about their ‘arrest warrant’. They going to hide out. They know that police will find him that’s is a usually a very very bad idea and for a couple reasons but the main reason is that they are going to catch you at some point. Typically what you are going to do is that you are going to catch at some point and you are going to be stuck in jail and you are going to get a bond because there are two factors that a judge must consider. whenever they wanted to set your bond or release you on recognizance bond is one of the major factors is a flight risk. The other ones danger community but we will focus on flight risk if the judge deems that you are a flight risk because you have been absconded. Let’s say it’s month two or three months a year you have deemed a flight risk and they are not going to give you a bond or they are going give you a cost-prohibitive bond which is a really high bond.

Something you are not going to pay and you are going to be stuck in jail for the duration of the case. The “arrest warrant” case have universal jurisdiction. So you want to make sure that if you have an outstanding warrant and a bond get an attorney if you are concerned or if you can’t afford an attorney then can contact to the public defender’s office in advance because if the case will be still be pending. So you can go ahead and apply for a public defender and get that taken care of because the last thing you want to do is get caught months down the road because guys this is not going to go away this is not something where the law is going to forget about you the case is going to sit there. If it’s a paper file it’s going to sit in the drawer until you are picked up its an electronic file it’s going to be there forever they are going to finally catch up with you and don’t want this haunting thought in the back of your mind every time a police officer pulls it behind you that you are going to get arrested so the best thing for you to do turn yourself in let them turn a deal with it and move on with your life.

How does arrest warrant works or How arrest warrants work?

Many people don’t know that what happens after a warrant is issued. Normally if the police see you commit a crime, they will arrest you on the spot but if you commit a crime outside of their presence, then typically the procedure is to go to a judge and get an arrest warrant. So the police will go to a judge or magistrate, and they have to present probable cause. They have to show the judge that there’s evidence to suggest that you committed a particular crime. And if they do, typically the judge will sign the arrest warrant. Also, the prosecutor can go to the judge and say, look we have filed charges. We have filed a felony against this guy. We would like you to issue an arrest warrant, so we could have the police go and pick him up. And grand juries when they return an indictment will usually trigger an arrest warrant. So those are the three parties that can prompt a judge to issue an arrest warrant, the police, the persecutor, a grand jury. Now judge on their own can also issue warrants in a situation where you, for example, don’t show up for your court date or you don’t do your domestic violence classes. But those are bench warrants. So that’s a separate category of warrants.

What is arrest warrant

Difference between an Arrest warrant and a Bench warrant

BENCH WARRANT:-Bench warrant- it’s called bench warrant because the warrant is actually issued from the bench, the judge issues the warrant while he or she is sitting in court typically those are issued. When you will fail to go court on something whether it’s traffic ticket for your speeding or it’s or a DUI case (you can find arrest warrant case number in many Law Portal from there you can read about arrest warrant case summary) or even a felony case that you should have been court on. If the defendant fails to appear and can’t provide a legal sufficient reason the judge issues what’s called a bench warrant now the effect of that warrant is that once it gets entered into a computerized system any law enforcement officer that stops you or contacts you and runs a search will find that bench warrant and most likely you will find yourself in custody.

ARREST WARRANT:- Arrest warrant is typically issued for a person if there is a case filed against you let’s say for robbery but they weren’t able to arrest you at the time of the robbery again the officer goes to a judge who reads the report and says I think there is a probable cause to believe this person committed a robbery they issue what’s called an arrest warrant. It works a lot like a bench warrant. It gets entered into data base and if the police are out actively looking for you or if they happen to stop you and they run a search that arrest warrant will show up saying that you are the suspect of robbery case and you will most likely to be taken into custody on that arrest warrant.

 Arrest warrant or Bench warrant

MAIN DIFFERENCE: -A bench warrant is only going to be issued when someone fails to appear so if you have a court date a traffic date and arraignment date. Whatever reason you don’t appear you didn’t receive the notice or you decide not to appear for other reason. A bench warrant going to issue. A bench warrant is basically a warrant that would issue so if you were pulled over. The court would try to secure your presents through that warrant. An arrest warrant normally could issue if a case is filed against you as opposed to sending a letter saying you have a court date on XYZ date they could issue an arrest warrant where law enforcement is authorized to arrest you any time if they make contact with you.

Five Myth about Arrest warrant:-

Myth 1

I got a warrant in a different city, so it doesn’t apply here.

False

There is some international arrest warrant law also.

Warrants that are issued by any municipality in the state of Texas are valid throughout the state. So if you didn’t pay that littering ticket you got up in Amarillo, a warrant may be following you all the way back home.

 

Myth 2

Nobody will come to find me if I have a warrant.

False

One of the main task of the city Marshals is to do just that- find people who have outstanding warrants and bring them in. It’s what they do, and they are really good at it. But they would much rather not have to arrest someone on a warrant. That’s not an enjoyable experience for anyone.

 

Myth 3

Warrant’s expired after one year.

False

How long does it take for a warrant to expire? Warrants never expire. So, remember that citation that you got for not mowing yard back in 1996. Guess what? If you didn’t pay it there’s a good chance you have got warrant, even all these years.

 

Myth 4

It was just a traffic citation, I can’t get arrested.

False

True, you can’t get arrested for getting a traffic citation. But when you don’t follow the instruction on that traffic citation paying it, or showing up in court on an appropriate date, then a warrant can be issued for your arrest. Warrants are issued on class c Misdemeanors all the time.

 

Myth 5

I shouldn’t worry about paying warrants especially since I have lots of them and can’t afford to pay them all.

False

In many cases, the judge will approve a payment plan, allowing to take care of your fines on a schedule, while still being able to take care of your other financial responsibilities.on a schedule, while still being able to take care of your financial responsibilities.

 

Conclusion

Hope this article helps you to increase your legal knowledge on International arrest warrant law. We have try to summarise everything in this article. Hope you like it.
If you like it then please share this article.

If you have any query, then please comment down below.
 

Contempt of court

What is contempt of court | Meaning | Definition | Explanation

Many people ask about contempt of court and the particular question they ask is  “what does in contempt of court mean” or  “what’s contempt of court meanand that’s why I have written this article for you guys. Here I have explained each and everything about contempt of court.

Detail explanation of contempt of court

Contempt of court applies to anybody can apply to the attorney. “Contempt of court” is basically the hammer, the right hand that the judge has in any courtroom so for instance if someone were to walk into court and just absolutely start swearing at the judge threatening the judge just acting absolutely disrespectful they can be held in contempt of court also an attorney if an attorney keeps showing up late or kind of says something to the judge that’s extremely disrespectful then this is also contempt of court. However you see it mostly in court order that is not followed for example Restraining orders right a lot of times in restraining orders there is a condition that the person restrained is not allowed to own firearms for the period of the effects of the restraining order and they have to surrender that well someone may forget to do that or just decide not to do that so they are in violation of the terms of the restraining order hence they are in (contempt of court) for disobeying the court order.

Penalty for Contempt of court

Now let’s talk about penalty and punishment from last 1 year many people raise a particular question like  “How much is contempt of court fine”.The penalty for contempt of court vary usually, the judges biggest leverage is obviously putting you in custody, so really the punishment for disobeying a court order or being held in contempt is custody time not here is where it gets interesting, let’s say for some kinds of misdemeanor you get 90 days county jail so you surrender to the sheriff’s department and sheriff’s department  is going to keep you in however long they want but usually people only a fraction of their time currently it’s ten percent in los angeles county and other counties may vary but you rarely do the entire time with a contempt of court though the judge puts you in and then he or she sets the day that they want you to come back so the sheriff’s department doesn’t release you when your in on a contempt of court. You are going to stay in there until the judge assigns you back before him or her so it’s more of a disciplinary tool for the court to make sure that their rulings are respected and upheld the defenses for contempt of court.

(Also Read:- Codification of Law)

Contempt of court for Attorney

If you are an attorney and if you are found in contempt of court then you can demand a hearing where you basically it’s a little bit more formal and a lot of times the judge will calm down from whatever originally got theme upset and there won’t any discipline but the defenses usually see it in the restraining order or a protective order or something that the court has issued that someone has not followed and now they are back in front of the judge. The first offense is usually lack of awareness where you are going to claim that you are not aware that the had ordered you to do something. The second one is lack of intent meaning you didn’t mean to disobey the court order.

Example of Contempt of Court

For example of motion of contempt if you are ordered to stay a hundred yards away from your ex-wife and you are somewhere that she just happens to be and she calls the police because you are within the hundred yards but may be you are at grocery store or something if you didn’t mean you know if you are doing it on purpose you are not going to get in trouble but the most fascinating one and the one you kind of want is sometimes you can say that Judge you were wrong in what you ordered and I went out I did it anyway and now because I am trouble for doing what you told me not to now we really get into whether you were right or wrong, so the example is injunction right so let’s say a group of people wants to protest the use of drums and they are going to organize a rally in front of some type of military base all and the power that is go to court and they say that this can’t happen it’s a breach of a ntional security, it is safety concern this area is off limits and if the judge signs the injunction saying you can’t do it, so we go and we do it anyway the police come and they notify everyone that you are not allowed to do and if they arrest you and then you are going to appear before that judge who issued the injunction and you can say to judge  “sorry with all due respect” the first amendment affords us right to do what we just did so if it turns out to be correct and in that case in may then you will found in contempt of court because the judge initial order was not lawful contempt of court is the safeguard to ensure that certain conduct inside the courtroom remains professional and clam and it’s just like it sounds you have done something where the judge is now looking at you through the lens of contempt of court.

You can read now about Parties who will be joined in a case.

If you have any question regarding CONTEMPT OF COURT then please comment down below. We will try to answer your all the question.

False imprisonment

What is false imprisonment | Difference Between Kidnapping and False Imprisonment

What is false imprisonment 

False imprisonment is where you confine an individual and they can’t leave or the reasonably believe they cannot leave now. It doesn’t mean that you have to lock the person up, that is an example of confinement but basically you have to unjustifiably restrain an individual to a given area and a reasonable person in their situation would believe that they cannot leave now, if a person remains in that area willingly or through consent it’s fine but they have to believe that they have no ability to leave that can be simply not with a locked door but by your presence there they believe that they will suffer some type of harm if they attempt to leave or if they do leave now this comes about all the time in the shoplifting context a store or business believes that an individual is stealing something so the asked the person to follow them to the back and tell them, if not they will call the police and that it’s in their best interest to come with them now in that situation it may be reasonable that individual believes that they cannot leave they are being threatened in some way shape or form to come to the back room now if the individual, who calls them to the back room the employee says hey you stay here you don’t leave the police etc.

Also Read – Codification of law )

It doesn’t matter if the door is not locked but as long as a reasonable person in that situation believes  that they cannot leave without suffering some form of unjustifiable repercussions then they are confined now in that situation if somebody has indeed shoplifted then in that situation it may be justifiable to detain them but if the business is wrong and the individual has not stolen anything or it is not justifiable to detain them then that is  imprisonment under false pretenses and that can be actionable in tort.

It include Imprisonment or being confined to a certain area a restricted area by someone who does not have authority to do so such a claim would arise. If you are unable to understand “ what does false imprisonment mean” then take a look on the example given below.

For Example:-

When you are in a grocery store and you are a corner by a sales clerk and you are alleged to have committed an in that store without any real probable that store without any real probable cause and without any reason for believing that it occurred “false imprisonment” I believe may also include the term confinement criminal confinement.

when you or when a person by threat or show of force or by fraud is kept or transferred from one place to another that would be the essence of criminal confinement in Indiana. False imprisonment is also a tort or civil action which may be pursued against a person under certain circumstances if you believe that you have been falsely imprisoned for any reason whatsoever you should consult an attorney to understand what is the best course or what is the best course of action to pursue at particular at that time.

False imprisonment of a child starts if the child is below the age of 18 years or below the age of majority ( 18 years after that he is major in all the states). False imprisonment of a child is one of the most heinous crime and punished more severely than false imprisonment of an adult. It is occurring because of kidnapping and putting children into jail without the consent of the parent.

False imprisonment of a minor generally does not occur if the defendant is related to the child and if they acted with the consent of the child’s parents.

False Imprisonment According to California Penal Code:

In Penal Code Section 236, California law defines false as wrongfully confining,  restraining, or detaining a person against their will. So an example would be barricading a person so they can’t leave their home, or preventing somebody from leaving a nightclub when they want to go, or blocking someone’s car so they can’t leave the parking lot. Now, false imprisonment is different then kidnapping. It’s very similar to the crime of kidnapping, but its different in that kidnapping involves actually moving a person a substantial distance against their will. Whereas false imprisonment is sort of just the opposite.. its preventing a person from moving when they want to do so. Now, false imprisonment in california, is a wobbler. It means that it could be charged as a misdemeanor or felony depending on the circumstances. Usually it’s a misdemeanor which could carry up to a year in county jail. But if you use violence in order to falsely imprison someone then it could be charged as a felony and you could face up to three years in state prison. So it’s very serious and if you are accused or you are charged with this offense, you certainly want to do everything you can now to keep it off your record to fight the case and to beat the case. Now, we find lots of accused of false imprisonment nad we have had great record of success in defending clients charged ith this offense.

And we find a lot of innocent people do get wrongly accused of false imprisonment. First of all, it may have been a situation where our client had a right to detain the person. He may have been a security guard or he may have been a loss prevention person. So if you fear that somebody is intoxicated and the are going to do drive drunk or hurt themselves, or hurt someone else and may be you confine temporarily for their own safety or other people’s safety, then that’s a defense. Also a lot of people simply get wrongly accused. It may have been situation where the alleged victim consented to be where he was, and there really was no false imprisonment, but he points the finger at you and makes a false accusation for some ulterior motive.

 

What is the difference between Kidnapping and false imprisonment:-

Kidnapping and False imprisonment are are related crimes in fact false imprisonment is lesser included offense of the more serious crime of kidnapping the line between these two crimes can be very subtle and the state will oftentimes choose to charge kidnapping even if they can ultimately only prove false imprisonment the reason being there’s a huge difference in penalties the difference between two offenses is that for kidnapping you have to move a person you have to transport them in some manner and you have to have the intent to commit or facilitate a felony when do so unlike false imprisonment kidnapping is always a crime and it never involves monetary damages false imprisonment does not require moving a person nearly that you can find them without their consent not only false imprisonment crime but it is also a tort or civil wrong for which you can get money damages. False imprisonment is a third-degree felony punishable by a maximum of five years in prison whereas kidnapping is a false imprisonment on steroids. It’s a first-degree felony punishable by a minimum of 48 months in prison and maximum life.

 

Some Question were asked by many people about False imprisonment?

 

Question:- How much compensation for false imprisonment?

Answer:- The amount will differ from person to person who claim against false imprisonment.

Question:- How many year for false Imprisonment?

Answer:- The false imprisonment sentence is determined by the judge and it is according to sititation of every case. It is not like in every case the judge will give you Life imprisonment. The minimum senstence is 48 months and maximum it can be Life Imprisonment.