FAQ'S
Frequently Asked Quetions
GENERAL LAW
The rules and regulation of conduct established and enforced by the authority, legislation or custom of a given community, state or any other authorized group to maintain peace and discipline is called as Law.
There are two types of cases- Civil & Criminal.
To avoid your rightful claim being defeated you need to follow the given steps:
- Choose a right forum.
- Plead all the material facts and details properly.
- Pay court fee.
- Be prompt in effecting service an opponent in time.
- Lead the best evidence in oral and documented form.
Generally the duration of the result of a criminal case is approximately 6 months. Civil cases can have a standard duration of up to 3 years. However, the result of any type of case also depends on responses from both the parties, pendency of cases in the court or certain circumstances of the case.
Contempt is nothing but lowering down prestige of the court. Basically essense of respect towards court is the object behind contempt of courts Act. Concept is defined under sec.2 of the Contempt of Courts Act 1971. Contempt’s are of two kinds viz. Civil and Criminal. Civil contempt means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise)of any matter or the doing of any other act whatsoever which; scandalises, prejudices or interferes the administration of justice in any other manner. (For better clarification one has to refer the provisios of Section 2 of the Contempt of courts Act.
Yes Arbitration, conciliation, Judicial settlement including settlement through lok adalat or mediation are the alternative modes for getting your dispute duly resolved.
CONSUMER LAW
This is the collection of laws designed to protect the interests of consumers as regards such things as the supply of goods and services and provision of credit or hire purchase facilities.
Any person who buys any goods or avails any services for a consideration is a consumer. A person who uses such goods or avails of such services with the approval of purchaser is also a consumer. Mere promise to pay consideration is also sufficient. So the purchaser of goods with deferred payment can also be treated as consumer.
However, if a person purchases goods for resale or avails of services for commercial purpose is not a consumer.
But the use of goods and availing services by any person exclusively for the purpose of earning livelihood by means of self employment does not amount to commercial purpose
Yes. A person availing medical services of a doctor or hospital is a consumer. However, a person getting such treatment without consideration and availing free services of hospital is not a consumer.
Education as such does not come within the purview of the consumer protection act.
But under following situations a student is a consumer:-
- A candidate who pays fee to a university for appearing in examination is a consumer;
- A candidate applying for revaluation of examination paper is a consumer;
- Student of an educational institute is a consumer;
- A candidate applying for a degree certificate is a consume.
The consumer has the following rights:-
- The right to be protected against the marketing of goods and services which are hazardous to life and property;
- The right to be informed about the quality,quantity,potency,purity,standard and price of goods or services so as to protect the consumer against unfair trade practices;
- The right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
- The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate for a;
- The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers and
- The right to consumer education.
Consumer Dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.
However, if after the complaint is made, there is no denial by the opposite party in respect of the allegations made therein, there can be no consumer dispute
Answer – The goods means every kind of moveable property other than actionable claims and money, and includes stock and share, growing crops,grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Things like good will, copy right, trade mark, patent, gas, electricity, motor vehicles, ship etc. are also treated as goods.
Answer – The service means service of any description which may be made available to any potential user. It includes the services like banking, insurance, financing, transport, processing, supply of electricity, board or lodging or both, housing construction, entertainment, amusement, or the purveying of news or other information.
However, it does not include the rendering of any service free of charge or under a contract of personal service. “Where there is relationship like that of master and servant, it is ‘contract of personal service’ and is excluded from the purview of the Act.”
Answer – As per sect.2(1)(oo) of the Act,spurious goods and services means such goods services which claimed to be genuine but they are actually not so.
Answer – As per sect. 2(1)(r ) of the Act, “unfair trade practice” means any unfair or deceptive method or practice used for promoting sale or supply of goods or services at the deteriment of the consumers as an unfair trade practice. These include making of a statement which may falsely represent:-
- That the goods provided are of a particular standard, quality, quantity,grade, composition, style or model;
- That the services rendered are of a particular standard, quality or grade;
- That any goods are new which are basically rebuilt, secondhand, renovated, reconditioned or old goods;
- That the goods or services have a particular sponsorship, approval or affiliation, performance, characteristics, accessories, uses or benefits;
- That any goods or services are useful for a particular purpose.
Following are also the unfair trade practices:
- Giving of a warranty for any goods or services to public not supported by adequate or proper test;
- Making a false promise to replace, maintain or repair an article or continue service until it has achieved a particular result;
- Making of false claims regarding price of goods or services or
- Falsely representing any facts disparaging the goods, services or trade of another person,
- Making advertisements for sale or supply at a bargain price of goods or services but not actually intended to be offered at that price. “Bargain price” for this purpose, has been defined as the price that has been stated in any advertisement to be the bargain price, by reference the ordinary price or the price that a person may reasonably understand to be the bargain price in terms of the advertisement.
Answer – No. It is not necessary to engage a lawyer. Regulation no.26 (4) of the Consumer Protection Regulations,2005, specifies that the consumer forum shall not insist upon the parties to engage advocates.
( Engaging an advocate only increases the chances of winning the case ).
Answer – A complaint can be filed by :-
- A consumer; or
- Any voluntary consumer association registered under the companies act,1956 or under any other law for the time being in force; or
- The central Govt. or any state Govt.; or
- One or more consumers, when there are numerous consumers having same interest; or
- In case of death of a consumer, the legal heir or representative.
Answer – The defect means any kind of fault , imperfection or shortcoming in the quality, quantity, potency or standard of goods, which are required to be maintained under any law, contract or usage or practice in a trade.
Answer – The complaint means any allegation made in writing by a complainant that –
an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; the goods bought by him or agreed to be bought by him suffer from one or more defects the services hired or availed of agreed to be hired or availed of by him suffer from deficiency in any respect; the trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—
« fixed by or under any law for the time being in force;
« displayed on the goods or any package containing such goods;
« displayed on the price list exhibited by him or under any law for the time being in force;
« one or more consumers, when there are numerous consumers having same interest; or
« agreed between the parties;
goods which will be hazardous to life and safety when used are being offered for sale to the public-
« in contravention of any standards relating to safety of such goods as required to be complied with , by or under any law for the time being in force;
« if the trader could have known with due diligence that the goods so offered are unsafe to the public.
« services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety; with a view to obtain any relief under the Act.
Answer – The deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance n rendering any service required to be maintained under any law, contract or otherwise.
Answer – An appeal against the orders of district forum can be filed before its respective State Consumer Dispute Redressal commission.
Answer – An appeal against the orders of District forum can be filed before the State commission within the period of thirty days from the date of such order.
However, the state commission may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period.
Further, the appellant has to deposit fifty per cent of the decree amount or twenty-thousand rupees,which ever less.
Answer – If the interim order of a Forum is not complied with the relevant forum may order for attachment of the property of the person concerned, which shall remain force for three months,and if the non-compliance continues, the property so attached may be sold and out of the proceeds thereof the damages may be awarded to the complainant and the balance amount paid to the parties entitled thereto.
Further, if any amount becomes due to any person under the orders of a Forum, he can make an application to such forum for issuance of a recovery certificate to the collector of the district to recover the same as arrears of land revenue.
Property Law
Answer – Property implies a bundle of rights over a thing. The scope of such rights is variable and can extend to excluding everyone else from interfering with his enjoyment of that thing.
Answer – Transfer of property takes place when a living person conveys some property to some other person or even to himself immediately or at some time in the future. Such living person may also be companies or any kind of association of individuals.
It is to be noted that any conveyance of property as a result of family arrangement or partition is not transfer of property
Answer – The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.
Answer – “Sale” refers to the transfer of ownership in exchange for a price paid or promised to be paid at a future date, or a part of the price is paid immediately with the remaining promised to be paid by a particular date in the future.
defects in the property which is the subject of sale, to the buyer. He also has to produce the title deeds in order to execute conveyance in favor of the buyer.
Once the sale has been completed, the seller is bound to give the possession of the property and also to deliver the title deeds on receipt of the price
Answer – The buyer is duty bound to disclose all material facts to the seller, which he has reason to believe the seller might be unaware of and which materially increases the seller’s interest in the property.
Also, once the sale has been concluded, the buyer is to pay the purchase-money to the seller or any other person as directed by the seller.
Answer – The seller is entitled to the rents and profits of the property till the time that the ownership of the property is with him, and has not passed on to the buyer.
Also, the seller is entitled to exercise a charge (which is a term used to describe certain rights) on the property in the ownership of the buyer till the time the whole of the purchase-money has been paid to him.
Question – What are the rights of the buyer?
Answer – Once the sale has been concluded, the buyer is entitled to any subsequent improvement or increase in the value of the property as well as the rents and profits that might accrue to him in his capacity as the owner of the property.
Also, the buyer is entitled to a charge on the property as against the seller or anyone claiming under him to the extent of the seller’s share in the property for the amount of purchase money paid by him to the seller and includes any interest due on such amount.
Answer – A mortgage is a transfer of an interest in immovable property as a security for a loan or an existing or future debt or for performance of any engagement, which might give rise to a pecuniary liability.
If money is lent by a lender to a borrower backed by a security, the lender will be protected as even if the borrower becomes insolvent the security is given precedence over the other creditors.
The person who transfers the interest is called the “mortgagor”.
The person to whom the interest is transferred is the “mortgagee”.
Answer – A “mortgage” is a conveyance of property, subject to a right of redemption, whereas a charge only gives a right to payment out of a particular immovable property without transferring it.
A “mortgage” can be enforced against a bonafide purchaser for value whether with or without notice but a charge cannot.
( Engaging an advocate only increases the chances of winning the case ).
Answer – A complaint can be filed by :-
- A consumer; or
- Any voluntary consumer association registered under the companies act,1956 or under any other law for the time being in force; or
- The central Govt. or any state Govt.; or
- One or more consumers, when there are numerous consumers having same interest; or
- In case of death of a consumer, the legal heir or representative.
Answer – A lease is the transfer of the right to enjoy the property. Such transfer might be for certain duration or in perpetuity and usually is in consideration of the payment of rent
Answer – Though a license is similar to a lease in the sense that it allows a right to enjoy the immovable property of the grantor yet it does not create any interest in the property.
In order to determine whether a transaction is a lease or a license, the substance of the document should be preferred to the form and importance should also be given to the intention of the parties.
It is a lease only if it creates an interest in the property. If it merely permits another to make use of the property, it is a license
Answer – A “gift” is the transfer of certain movable or immovable property made voluntarily and without any consideration from the person receiving the gift. The person who makes the gift is known as the donor and the one who receives the gift is known as the donee.
The gift may be accepted either by the donee or someone on his behalf.
Answer – The difference between a leasehold property and a freehold property lies in its ownership. In a leasehold property, the ownership remains with the concerned local authority or the government (as the case may be). The lease period varies typically between 30 to 99 years. But, this does not prevent the individual owner from selling or perform other transactions with the property, provided the lease deed is registered.
In case of a freehold property, the owner of the property is the legal owner and can sell/lease/rent the property as per his/her wish.
Answer – Yes, you can execute Special Power Of Attorney to get your property registered by someone else.
Answer – Attorney is a person appointed by another to represent or look after their interests, normally by the grant of a power of attorney.
Answer – Power of Attorney allows a person to authorize another person the right to make decisions regarding the person’s assets, finances and real estate properties.
There are two types of power of attorney. First, the ‘General Power of Attorney’ where a property owner confers ‘general’ rights. The rights include but are not limited to sell, lease, sub-lease etc. The second one is the ‘Special Power of Attorney’ where only a specific right is given by the owner to the chosen person.
Answer – Registration of a property includes necessary stamping and paying of registration charges for a sale deed and getting it recorded at the sub-registrar’s office of the concerned jurisdictional area.
Answer – It refers to the registering of documents relating to transfer, sale, lease or any other form of disposal of an immovable property. Registration is compulsory by law for all properties under Section 17 of Indian Registrations Act, 1908. Once a property is registered lawfully, it means that the person in whose favor the property is registered, is the lawful owner of the premises and is fully responsible for it in all respects.
Answer – Clear and marketable Title, Sale Deed, Encumbrance Certificate, latest tax receipts, Occupancy Certificate, Building Plan Approvals and Possession Certificate.
Answer – Sale Deed, Title Deeds, Mutation Entries, Sanctioned Plans/Approved Building plans, Completion Certificate (Newly Constructed), Commencement Certificate (Under-construction property), N.A. Order, Encumbrance Certificate, Latest Tax Receipts, Occupancy Certificate.
Answer – In easy words, built-up area is the carpet area plus the area covered by walls. The built-up area includes balconies, terraces (with or without roof), mezzanine floors and other detachable habitable areas such as servant room, etc. You should also know that walls which are shared with other units are factored in at 50 per cent while other walls are computed fully.
Answer – Super built-up area is the built-up area in addition to the proportionate share of entrance lobby, corridors, stair cases, lift shafts, lift lobby, generator rooms, club house, security room and any other common areas in the complex. However, underground sump, water tanks, walk ways, swimming pool, open sports facilities, weather sheds, inaccessible flower beds, lofts shall not include in super built-up area.
Answer – Only the buyer pays the Stamp Duty.
Answer – Yes. You can get it done at the sub-registrar’s office of the concerned district.
Answer – FSI stands for ‘Floor Space Index’ also known as Floor Area Ratio (FAR).
FSI means the ratio between the area of a covered floor (Built up Area) to the area of that plot (land) on which a building stands.
Answer – TDR means ‘Transferable Development Rights’ which are obtained in the form of certificates which the owner can subsequently use for himself or can trade it in the market for cash.
CIVIL LAW
Answer – The case seeking remedy with reference to the property and other civil rights given under any civil law is said to be civil case.
Answer – This is an order of the court requiring a person to refrain from (preventive) or to do (compulsive) a particular thing. An injection may be granted as an interim measure or be perpetual but failure to comply constitutes contempt of court.
Answer – The breaking of an obligation under a contract which there by confers a right of action upon the injured party. He may be entitled to treat the contract as that an end of alternatively seek its proper performance and in event claimed damage.
Answer – You have to file execution petition in court for getting possession of property.
Answer – You may seek guidance of District or taluka Legal Services Authority to attempt for settlement of dispute. You may keep your case in Lok Adalat.
Answer – Its a popular forum for getting your dispute duly settled amicably. Lok Nyalaya is organized in each court periodically. The disputes are placed before panel Judges for negotiation with parties. An attempt to get the same amicably settled is made through it.
FAMILY LAW
Answer -Yes. Since 2014, it is mandatory to register your marriage under Hindu Marriage Act or Special Marriage Act as per govt. of India.
Answer – Void Marriages Voidable Marriages Where it contravenes any one of the following conditions:
a) Either party has a spouse living at the time of marriage,
b) Parties are within prohibited relationship, c) Parties are sapindas of each other.
Answer – Bride-18 years, Bride-groom-21 years.
Answer – Divorce.
Answer – A petition for divorce may be filed after one year of the marriage. In case of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, a petition may be allowed to be presented before one year.
Marriage may be dissolve by a decree of divorce on the following grounds:
- Respondent had voluntary sexual intercourse with any person other than the spouse after the marriage.
- Respondent has treated the petitioner with cruelty.
- Respondent has deserted the petitioner for a continuous period of not less than two years.
- Respondent ceased to be a Hindu.
- Respondent has been incurably of unsound mind.
- Respondent has been suffering from virulent and incurable form of leprosy.
- Respondent has been suffering from venereal disease in a communicable form.
- Respondent has renounced the world by entering any religious order.
- Respondent not heard of as being alive for a period of seven years or more. Either party may obtain divorce:
- On the ground that there was no resumption of cohabitation for period of one year or more after decree of judicial separation.
- There has been no restitution of conjugal rights for a period of one year or more after decree for restitution of conjugal rights.
Wife may also seek divorce on the following ground:
- In case of marriage before 1955 act, the husband had married again before such commencement or that any other wife of the husband was alive at the time of solemnization of marriage of petitioner.
- The husband, after marriage, has been guilty of rape, sodomy or bestiality.
- Co-habitation not resumed for one year or more since passing of decree/order for maintenance against husband under Section 125 Cr.P.C or under Hindu Adoptions & Maintenance Act, 1956.
- Marriage was solemnized when petitioner was below 15 years of age and she has repudiated the marriage, after attaining the age of 15 years, and before attaining the age of 18 years. Divorce under customary law is recognized under Section 29 of Hindu Marriage Act. Such custom and usage should have been continuously observed for a long time, having obtained the force of law among Hindus in any local area, Tribe, Community, groups or family. Rule should be certain and not opposed to public policy.
Answer – Where it appears to Court that the wife or the husband, as the case may be, has no independent income sufficient for his/her support and the necessary expenses of the proceedings, it may grant interim maintenance to the applicant.
Answer – After solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to restore Conjugal Rights.
Answer – Adultery is defined as voluntary sexual intercourse by a married person with a partner other than his/her spouse.
Grounds:
- Adultery
- Cruelty
- Either of the parties has ceased to be a Hindu
- Either of the parties is of unsound mind or is suffering from continuous and intermittent mental disorder of such a kind and to such an extent that petitioner cannot reasonably be expected to live with the respondent.
- Suffering from virulent and incurable form of leprosy,
- Suffering from venereal disease of incurable form,
- Either of the parties has renounced the world,
- Either of the parties is legally dead that is he/ she has not been heard or seen for last seven years.
The special grounds for a wife under section 13 (2) under HMA also available for judicial separation are:
(i) Husband Marries Again: In case of marriage solemnized before the commencement of this act, if the husband marries again, before the commencement of this act, and: in case whether the marriage was solemnized before or after the commencement of this Act, if the other wife of the husband was living at the time of solemnization of marriage as well as at the time of the presentation of the petition.
(ii) The offense of Rape, Sodomy, and Bestiality after the solemnization of marriage.
(iii) In case if a decree has been passed for a suit under section 18 of Hindu Adoption and Maintenance Act, 1956 or in proceeding under section 125 of code of criminal procedure, 1973 or under corresponding section 488 of code of criminal procedure, 1898, has been passed against the husband awarding maintenance to the wife, and since the passing of such decree, notwithstanding whether the wife was living separately or not, the couples have not been able to resume cohabitation, for a period of one year or upward;
(iv) If the marriage of the wife was solemnized before she attained the age of fifteen years, notwithstanding of the fact whether the marriage was consummated or not, if on attaining the age of fifteen years she repudiated the marriage but before the attainment of the age of eighteen years. This clause is applicable for marriages solemnized before as well after the commencement of the act.
Divorce and judicial separation are two different concepts, based exactly on same grounds. Whereas in divorce the matrimonial relations completely come to an end, parties come back to the status of single, and both the parties can now remarry. But such is not the case in judicial separation. Though granted on same grounds, it only put a break on the matrimonial relations of the party and it does give any effect of divorce.
However, the purpose for which the decree for judicial separation is granted is that during the period of separation, parties make an attempt to get reunited. If parties want to make an attempt to resolve their dispute, they can make an application for rescinding the decree. But if within one year they are not able to cohabitate again, either of the parties can file a petition for divorce under Section 13 (1A) (i).
Answer – A petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
The essential requirements are:
- parties must be living separately for one year,
- that they have not been able to live together and
- that they mutually agree to get separated.
Answer – When either party to a marriage, whether solemnized before or after the commencement of the Hindu Marriage Act, 1955 may present a petition praying for a decree of judicial separation on any of the divorce grounds specified in section 13(1), and in case of a wife also on any of the grounds specified in section 13(2) of the Hindu Marriage Act, 1955 (HMA).
Grounds:
- Adultery
- Cruelty
- Either of the parties has ceased to be a Hindu
- Either of the parties is of unsound mind or is suffering from continuous and intermittent mental disorder of such a kind and to such an extent that petitioner cannot reasonably be expected to live with the respondent.
- Suffering from virulent and incurable form of leprosy,
- Suffering from venereal disease of incurable form,
- Either of the parties has renounced the world,
- Either of the parties is legally dead that is he/ she has not been heard or seen for last seven years.
The special grounds for a wife under section 13 (2) under HMA also available for judicial separation are:
(i) Husband Marries Again: In case of marriage solemnized before the commencement of this act, if the husband marries again, before the commencement of this act, and: in case whether the marriage was solemnized before or after the commencement of this Act, if the other wife of the husband was living at the time of solemnization of marriage as well as at the time of the presentation of the petition.
(ii) The offense of Rape, Sodomy, and Bestiality after the solemnization of marriage.
(iii) In case if a decree has been passed for a suit under section 18 of Hindu Adoption and Maintenance Act, 1956 or in proceeding under section 125 of code of criminal procedure, 1973 or under corresponding section 488 of code of criminal procedure, 1898, has been passed against the husband awarding maintenance to the wife, and since the passing of such decree, notwithstanding whether the wife was living separately or not, the couples have not been able to resume cohabitation, for a period of one year or upward;
(iv) If the marriage of the wife was solemnized before she attained the age of fifteen years, notwithstanding of the fact whether the marriage was consummated or not, if on attaining the age of fifteen years she repudiated the marriage but before the attainment of the age of eighteen years. This clause is applicable for marriages solemnized before as well after the commencement of the act.
Divorce and judicial separation are two different concepts, based exactly on same grounds. Whereas in divorce the matrimonial relations completely come to an end, parties come back to the status of single, and both the parties can now remarry. But such is not the case in judicial separation. Though granted on same grounds, it only put a break on the matrimonial relations of the party and it does give any effect of divorce.
However, the purpose for which the decree for judicial separation is granted is that during the period of separation, parties make an attempt to get reunited. If parties want to make an attempt to resolve their dispute, they can make an application for rescinding the decree. But if within one year they are not able to cohabitate again, either of the parties can file a petition for divorce under Section 13 (1A) (i).