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Shahdara, Delhi, India (Postal Code - 110032)

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Office Hours: 09:00AM - 7:00PM

info@legalexecutive.in

Frequently Asked Questions

FAQ

  • Family Law
  • Civil Law
  • Criminal Law
  • Consumer Law

What is the procedure for registering a marriage in India?

What is a mutual consent divorce?

A mutual consent divorce allows both spouses to end their marriage amicably. Under the Hindu Marriage Act and Special Marriage Act, the couple must live separately for one year and mutually agree that the marriage has irretrievably broken down.

Can Wife claim maintenance if she is employed?

Yes, even if the wife is employed, she can claim maintenance based on factors like the disparity in incomes, her living standard, and her ability to support herself independently.

How long does it take to get a divorce in India?

The timeline for a divorce depends on whether it is contested or by mutual consent:
Mutual consent divorce: Typically takes 6 months, but the period can be waived by the court.
Contested divorce: It may take several months, depending on the complexity of the case and court backlog.

Can a foreign marriage be registered in India?

Yes, a marriage solemnized abroad can be registered in India under the Foreign Marriage Act, 1969, provided one of the spouses is an Indian citizen.

How are legal notices used in civil cases?

What are the types of civil cases in India?

Common types of civil cases in India include:

Property disputes: Disputes related to ownership, possession, partition, and inheritance of property.
Contractual disputes: Issues involving breach of contract, non-performance, or enforcement of contracts.
Family law cases: Divorce, child custody, alimony, and maintenance.
Torts (personal injury): Cases involving negligence, defamation, or damages caused to an individual.
Consumer disputes: Complaints related to goods and services under the Consumer Protection Act.

How long do civil cases take to resolve in India?

The time taken to resolve civil cases varies depending on the complexity of the case, court backlog, and procedures followed. Simple cases may take months, while complex disputes can take several years. Efforts like mediation or arbitration can sometimes resolve disputes more quickly.

Can civil cases be settled outside court?

Yes, civil cases can be settled outside court through methods such as:

Mediation: A neutral third party helps both sides reach a mutually acceptable resolution.
Arbitration: An arbitrator hears both sides and makes a binding decision.
Out-of-court settlement: With the involvement of Legal Executive, the parties may agree to settle the matter amicably without proceeding to trial.

Can a civil court order interim relief?

Yes, Courts can grant interim relief to preserve the status quo or prevent further harm while the case is being decided. Common interim reliefs include temporary injunctions, restraining orders, and attachment of property.

What is an ex parte decision in a civil case?

An ex parte decision is made when one of the parties fails to appear or respond to court summons. The court proceeds with the hearing in the absence of the non-appearing party and usually decides in favor of the party that is present. The absent party can later file an application to set aside the ex parte decree under certain conditions.

What is a declaratory suit?

A declaratory suit seeks a legal declaration by the court regarding the rights of the parties involved. These suits are often filed to declare:

Ownership of property - Validity of contracts or documents.
Rights under a will.

It provides clarity without seeking any specific relief like compensation or injunction

What are the remedies if I am falsely accused in a criminal case?

What is a confession, and is it admissible in court?

A confession is a voluntary admission of guilt by the accused. Confessions made to the police are generally not admissible in court unless made in the presence of a magistrate (Section 164 of the CrPC). Confessions made under coercion or duress are not valid.

Can I appeal a criminal court judgment?

Yes, both the prosecution and the accused have the right to appeal a criminal court judgment if they are dissatisfied with the verdict. Appeals can be made to the Sessions Court, High Court, or Supreme Court, depending on the nature of the case and the court that issued the judgment.

Can I file a criminal case if a civil case is already pending?

Yes, If the same set of facts gives rise to both criminal and civil liability, you can file both a civil and a criminal case simultaneously. For example, in cases of fraud, a civil case for recovery of money can be filed alongside a criminal case for cheating.

What is a plea bargain in a criminal case?

A plea bargain is an agreement between the accused and the prosecution where the accused pleads guilty to a lesser offense or accepts a lighter punishment in exchange for a reduced sentence. Plea bargaining is allowed in India for certain offenses.

What is an anticipatory bail?

Anticipatory bail is a pre-arrest legal relief that a person can seek if they fear arrest in connection with a non-bailable offense. It is granted by a Sessions Court or High Court under Section 438 of the CrPC and ensures that the person will not be arrested if named in an FIR or charge sheet.

How much does it cost to file a bail application?

The cost of filing a bail application can vary depending on the lawyer's fees, the court jurisdiction, and the complexity of the case.

What constitutes an unfair trade practice?

Unfair trade practices include misleading advertisements, providing false information about products or services, and exploiting the consumer’s lack of knowledge to their disadvantage.

How can I file a complaint against a seller or service provider?

Consumers can file complaints through:

Consumer Forums at the district, state, or national level.
Online platforms like the National Consumer Helpline.
Directly approaching a lawyer or legal expert for assistance.

What is the time limit for filing a consumer complaint?

Typically, a consumer must file a complaint within two years from the date of the cause of action. However, it can vary based on specific circumstances, so it’s advisable to act promptly.

Can I appeal if I'm dissatisfied with the consumer forum’s decision?

Yes, you can appeal against the decision of a consumer forum. Appeals can be made to the State Consumer Disputes Redressal Commission and then to the National Consumer Disputes Redressal Commission.

What is the role of the Consumer Protection Authority (CPA)?

The CPA is responsible for promoting, protecting, and enforcing the rights of consumers. It also takes action against misleading advertisements and unfair trade practices.

Are online purchases covered under consumer law?

Yes, the Consumer Protection Act extends to online purchases. Consumers can file complaints against e-commerce platforms for defects in goods, poor service, or unfair trade practices.

What is the International Court of Justice?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

Who may submit cases to the Court?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

Are decisions of the Court binding?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

How does one attend hearings of the Court?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

Is it possible to visit the Peace Palace, seat of the Court?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

How does one apply for a job at the Court?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

Is this the best major for me if I want to work in law enforcement?

Only States are eligible to appear before the Court in contentious cases. At present, this isbasically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their sedsw dealings with the authorities of any State whatever. non-governmental organizations, corporations or any other private entity.non-governmental organizations, corporations or any other private entity non-governmental organizations, corporations or any other private entity. .

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter.

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