FAQ

A petition for divorce by mutual consent can be filed any time after one year from the date of solemnisation of marriage if husband and wife mutually agree to dissolution of marriage by the top divorce lawyers in India.

To get an uncontested divorce, 3 conditions required to be fulfilled are: Husband and wife should be living separately for a period of one year or more; During this period of separation, they have not been able to live as husband and wife; They have mutually agreed to obtain divorce. Once these conditions are satisfied, the petition for mutual divorce can be filed by an experienced divorce advocate.

The minimum separation period required before obtaining mutually consented divorce is 1 year.

Maintenance and alimony in divorce by mutual agreement is consented to and agreed by both husband and wife mutually. The amount is decided by a mutual agreement keeping in mind the social status, maintenance of wife, maintenance and education expenses of the child, wife’s income and employment status, income of the husband and ability of wife to maintain herself.

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision. The decree can only be challenged if the consent to mutual divorce was obtained by force, fraud, coercion or undue influence. The same is a very difficult task as the Court provides for a cooling-off period and if no objection was raised then, the validity of such objection after passing off decree requires a heavy degree of proof. Challenging the decree can only be on these grounds with the help of a good divorce attorney.

The minimum time to obtain a decree of divorce is 1 month, if you hire your advocate wisely who can convince the court to set-off the cooling period. Otherwise, it can range from 6 months to 18 months from the date of hearing of the case, provided the petition is not withdrawn by either of the party. It is pertinent to note that such divorce can only be obtained after 1 year from the date of marriage. Court provides both the parties a minimum time period of 6 months and a maximum time period of 18 months to make up their minds, cool off and reach a decision as to if they still want a divorce. This time is also called “cooling off period”. The best divorce attorneys in India can guide you better.

The good part about a divorce with mutual consent is that the child is not dragged into fights as to the right of custody. The question of the custody of child is mutually decided by the husband and wife. Both husband and wife are considered to be competent to obtain custody of the child and decide mutually. The concept of joint custody has been prevalent in recent times where the physical custody of the child is with one parent and the legal custody is with both parents. The custody of the child is decided keeping in mind the child’s age, wishes, interests and health and the competent parent’s ability to raise the child.

Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 months given by the Court as cooling-off period. Withdrawal can be done by filing of application in the Court of law where the petition to obtain divorce was initially filed. In such situations, the Court does not pass any divorce decree as the mutual consent which formed as a basis of the proceeding does not exist anymore between the husband and wife.

Cooling off period is the time given by the Court to the husband and wife after filing of the petition to obtain uncontested divorce to make up their minds and to decide if they want to continue with the divorce proceedings. This period is intentionally given to the parties by the Court to maintain the sanctity of marriages and to prevent any divorce which was initiated on grounds of a heated argument or dispute. This cooling off period can be waived off by the Court if it finds it appropriate in accordance with the scenario of the case in hand.

First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. This is the first step in obtaining divorce by mutual consent. Second motion under the proceedings is when the husband and wife confirm to the intention of divorce after the cooling off period. This is the final conveyance of intention of the parties to put an end to the marital bond.

The fee estimate varies from case to case. However, it can be done at minimal possible rates if you consult a good lawyer in your area. The primary cost that you will incur will be the fees of the lawyer, maintenance (if any) and court fees. Care and caution before hiring a divorce lawyer should be adopted to ensure that the process flows smoothly. It is possible for you to find a good divorce lawyer online.

The divorced persons can remarry only when the decision of the Court is final and binding. A decision becomes final and binding when: If an appeal has not been preferred, then after the lapse of limitation period to file an appeal against the decision; If an appeal has been preferred, after the disposal of appeal. Thus, you can remarry after 90 days from the date of judgment if no appeal has been preferred.

Uncontested divorce or divorce by mutual consent is a form of divorce where both husband and wife agree to dissolve their marriage and there is no disagreement as to the same. It is the simplest, easiest and fastest way to dissolve a marriage. The essentials to move Court to obtain decree of divorce under this kind are: Mutual consent of husband and wife to dissolve marriage; Mutual consent as to the custody of the child; Mutual consent in regards to the amount of maintenance or alimony.

A petition for divorce by mutual consent can be filed at either of the following places: The place where the marriage ceremony was conducted; The place where the husband and wife last resided together; The place where the wife resides currently. The place of filing the petition is important as it determines the jurisdiction of the Court. It is advised to consult experienced divorce lawyers when determining questions of jurisdiction as to where to file a petition.

Divorce with mutual consent is governed by laws in accordance with the religion of the contesting parties: Hindus (includes Sikhs, Jains, Buddhist) are governed by Section 13(b) of Hindu Marriage Act; Divorce under Islam is governed by Shariat (personal laws) and Dissolution of Marriage Act, 1939; Christians are governed by the Indian Christian Marriage Act, 1872; and Special Marriage Act, 1954 is a secular act covering all parties irrespective of their religion.

The procedure for obtaining divorce that is mutually consented is: Petition to be filed under respective act or law (S/13b for Hindu Marriage Act etc.) in the Court of competent jurisdiction. Petition to be filed mutually in the Court with the intention to obtain divorce at any time after one year from the date of marriage. Both the parties need to prove that they have been living separately for a period of one year or more before the presentation of such petition. The three conditions should be satisfied before moving the petition. The petition is filed in the way of an affidavit stating the mutual consent as to dissolution of marriage and other agreed clauses regarding child custody, maintenance and alimony Statements of both the parties are thereafter recorded. A cooling period of minimum 6 months and maximum 18 months is provided to the husband and wife if they wish to change their mind and reconcile. During the cooling period, either of the party has the right to withdraw the petition. If withdrawn, no decree of divorce is passed. If such petition is not withdrawn, the parties are summoned at a fixed date, where they consent and confirm the intention to separate or divorce. Decree of divorce is granted by the Court.

The other party is left helpless when the petition for uncontested divorce is withdrawn by one party. The only remedy available is to file a petition for a normal divorce which can be contested in a Court of law on any of the other grounds (like cruelty, desertion, conversion, renunciation) except mutual consent.

You can claim various maternity benefits in your office. Women employees in India are provided with a special benefit during and after their pregnancy, known as the maternity benefit. Maternity benefit in India is provided in form of 'fully paid' leaves to pregnant and lactating women to take care of themselves and their child. In case you are denied any of these benefits you can consult expert labour lawyers online. The maternity benefits available to you are: Increased duration of leave: The duration has been increased from 12 weeks to 26 weeks and can be availed 8 weeks prior to the delivery of child and 18 weeks after that. Option to Work from home: The new rules give the option to women to work from home, as agreed or negotiated with the employer on the expiry of 26 weeks maternity leave. Paid maternity leaves: Maternity leaves are fully paid, to ensure that you do not face any financial issue at the most crucial time of your life. Benefit to adoptive and commissioning mothers: The benefit has been extended to the adopting mothers as well, who were otherwise kept on a backseat in regards to this benefit. They are now entitled to a 12 weeks maternity leave. Crèche facility to be provided by employer: It is compulsory for an employer having more than 50 employees to provide for a crèche facility in office and to allow the woman to visit her child 4 times a day.

If your employer is not paying you salary, you can get these legal remedies: Approach Labour Commission: In cases of unpaid salary, an employee can approach the labour commissioner with the help of best labour lawyers in India who tries to reconcile the matter. In the event of failure to reconcile, case can be handed over to the Court of competent jurisdiction. Approach Court under Industrial Dispute Act: An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 for recovery of money due from an employer. Either the employee or any person authorized by him or his legal heir (in the event of his death) can claim to recover money on his behalf. The amount of money due or basis of computation of benefit is done according to provisions of the Act. Approach the Authority under Payment of Wages Act: You can file a case with the competent Authority under this Act, in the event of unpaid salaries or insufficient wages with the help of experienced employment lawyers in India.

It applies to the payment of wages to persons employed in any: Factory; Railways employed by a railway administration; Railways, employed through a subcontractor; Industrial establishment; Any other establishment. The list is not exhaustive and Courts have extended the benefit of the Act under any other establishment by cases and more. Further, an appropriate government can after giving notice of its intention of 3 months in the Official Gazette extend the application of Act to any other class of workers. You can consult good employment lawyers in India to know if your case is covered by the Payment of Wages Act.

Yes, you can file a case under Payment of Gratuity Act in the case of non-payment of gratuity in employment sector with the help of best civil litigation lawyers in India. The rule stipulates that in case of death of the employee, the rule of 5 year service is not mandatory and the payment will be made to the nominee. In cases, where no nominee is mentioned, it is made to the legal heir. In case, there existed a clause in the employment agreement, it is advised to look through the same once. Gratuity is a retirement benefit paid as gratitude to the employees who have rendered a continuous service for at least five years to incentivize them so that they continue working efficiently. It is an amount paid to an employee based on the duration of his total service but an employee becomes eligible only after he has completed 5 years of his service. Gratuity is paid to an employee when he either retires or his employment is terminated or he resigns or upon his death. Gratuity is given the force of law by the Payment of Gratuity Act 1972, which is further administered and enforced by the Central Government and the designated establishments under its control. The Payment of Gratuity Act, 1972 is applicable to every factory, mine, oilfield, plantation, port and railway company. An employee who has rendered at least five years of service becomes entitled to the said benefit. The prerequisite of completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement to the extent that the person is literally unable to provide the required services. In the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominee or heir is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

A complaint of sexual harassment needs to be filed within 3 months of the date of incident and in case of a series of incidents, within a period of 3 months from the date of the last incident. However, the ICC or the LCC , as the case may be, may extend the time limit, however, not exceeding 3 months, for reasons to be recorded in writing if it is satisfied that the circumstances were such that the victim was unable to file a complaint within the said period.

If many employees in your office including you, were hastily laid off you can file a suit in a Court of competent jurisdiction with the help of expert labour and service lawyers in India in just a few clicks. Further, your employment should be secure with an employment agreement. If you were compensated or paid in lieu of that notice period, you cannot file a suit in any Court. Reference can be drawn to the time when Snapdeal laid off 80% of its employees on merger with Flipkart, and employees were left to their own with no remedy in hand.

Sexual Harassment in workplace is a punishable offence. You can complaint to the Internal Complaints Committee in your office. However, if they try to subdue you or refuse to take your case forward, you can approach an NGO working in the field of extending protection to women who are victims of sexual harassment or even lodge a criminal case against the person under the provisions of Indian Penal Code with the help of best criminal lawyers in India. You can also file a case against your Company if they do not have an Internal Complaints Committee or refuse to take your case. A penalty will be imposed on them as a consequence. One should never remain silent about any sexual advances which are inappropriate and should immediately report them.

No, a male employee cannot file a case under Prevention of Sexual Harassment Act at workplace. The act provides only for sexual harassment cases against a woman and not a man. An aggrieved woman under the Act includes all women, irrespective of her age or employment status, whether in the organized or unorganized sectors, public or private and covers clients, customers, and domestic workers as well. It is a gender-biased law tilting towards one gender only. However, if you witness incidents of assault at workplace by a woman or a man, irrespective of the gender you can file a case under Section 351 of Indian Penal Code(IPC) with the help of best criminal lawyers in India. Assault is any act or gesture or preparation, intentionally committed to threaten the person or direct criminal force upon such a person.

Yes, you can file a collective suit in cases of unpaid salary under Section 16 of the Payment of Wages Act with the help of expert employment lawyers in India if all the workers or employees: Work in the same establishment; Work under the same employer; Same cause for unpaid wages; Lack means to file individual applications; Wages unpaid for the same wage period.

The employer cannot terminate your job without giving you a proper legal notice period. However, if he decides to do so, he has to either pay him in lieu of that notice period which means that he has to pay the employer the salary equivalent to that he would have received had he served his notice period. If the employer fails to do both, you can file a civil suit against him with the help of best employment and labour advocates in India. If you had signed an employment agreement, your employer cannot terminate your employment without giving you a notice period as per the conditions of the agreement. In case he decides to do it, two situations may arise. First, he may ask for your consent. In such conditions you can reach to a conclusion with him on negotiated terms in regards to the salary, termination and other aspects. Secondly, he may terminate your job without asking for your consent, in such conditions you can file a civil suit with the help of top labour lawyers online. Any other situation may also arise depending upon the nature of your employment agreement. Thus, it is advisable to always get a properly drafted employment agreement. If you did not sign an employment agreement, the employer has to either give you notice or payment in lieu of that notice. This is money equivalent to the salary that the employee would have earned during the required notice period.

Section 4 of the Act specifies that the wage period in India is 1 month. Thus, your employer needs to pay you within a month periodically. In case he defaults, you have a right to approach the Court of appropriate jurisdiction with the help of best employment lawyers in India to claim your unpaid salary.

The law for Prevention of Sexual Harassment at workplace is applicable to every woman who may get harassed at any workplace. It could be a visitor, freelancer, consultant or a customer, literally any woman who is visiting your workplace. It could be your direct employee, or also an employee on a third-party payroll or a visitor or a domestic help at your place. In case you are a victim of sexual harassment, you can now consult good criminal lawyers online. Thus, the law caters to the women at a larger scale and does not restrict the application to the place where a person is employed. Doing that would provide only a semi shield from harassment and make women vulnerable at any other workplace. Thus, the act extends protection on the basis of whether you were in the premises of that workplace and not on your status as an employee, visitor or guest.

As per the provisions of Payment of Wages Act, 1936 wages or salaries needs to be paid- Before the 7th day of expiry of wage period, in case the employees are less than 1000; Before the 10th day of expiry of wage period, in all other cases; Before the expiry of second day in case employment is terminated. In case your employer refuses to pay you the salary, you can consult best employment lawyers online.

Yes, it is compulsory for you to give a legal notice before leaving your job. The notice period is generally of 3 months. However, the notice period can differ from Company to Company dependent upon their employment policies. If you do not serve a notice in regards to leaving your job, there can be Court proceedings against you on the grounds of breach of contract or employment agreement. A notice period gives time to the Company to find another employee in your position so that the work is not hampered. Salaries also differ during a notice period. Thus, you must always serve a notice. If you are stuck in a case where you haven’t served a notice and left your job you can find a good lawyer online to defend your case.

No, your employer cannot terminate your employment on a maternity leave in India. No employer can deny a woman employee’s maternity benefit. You can only be terminated on grounds of gross misconduct only after providing you with a legal notice. If your employer denies your maternity benefit or has dismissed or discharged you from services, you can take the following measures: Contact the HR Department: You can take your grievance to the HP department of your company. Usually, the HR representatives are able to clear up any confusion or grievance that arise between the employee and employer. If no resolution is provided by the HR, you can take the next step. Send a legal notice to the employer: You can consult an employment and labour lawyer in India and send a legal notice to your employer regarding the denial of your maternity benefit. A legal notice speaks volumes. But, if your employer still does not respond, take them to the court. Approach the Labour Court: You can hire an employment and labour lawyer in India to file a case against your employer in a Labour Court. An employer who denies a woman employee’s maternity benefit claim in India can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months.

Yes, you can claim compensation from your employer on different grounds with the help of experienced employment advocates in India. The grounds to claim compensation are not exhaustive and depend on a case-to-case basis. Illegal or wrongful termination; Denial of maternity benefits; Sexual harassment at Workplace; No establishment of Internal Complaints Committee in the workplace; Non-payment of salary in lieu of notice; Non-payment of Provident Fund; Non-payment of Gratuity.

The Vishakha judgment, an offshoot of a rape case involving a social worker in Rajasthan, brought to the attention of the Supreme Court of India that there was an urgent need to formulate effective measures to check the evil of sexual harassment of working women at all workplaces. Vishakha guidelines are the procedural guidelines for sexual harassment at workplace and have now been codified into a separate act and in IPC provisions. The guidelines can be summed up as follows: Definition of sexual harassment to include unwelcomed sexually unacceptable behaviour, physical contact and advances, demand or request for sexual favours, showing pornography and any sexually coloured remark. Every instance of sexual harassment is a violation of Articles 14, 15 and 21 of the Indian Constitution. Any discrimination on personal reasons resulting in hostile working environment is not acceptable. Creation of hostile environment by physical advances or any other act amounts to sexual harassment.

You can defend the case with the help of best criminal defense lawyers in India if you are falsely accused of sexual harassment at workplace with evidences as to your good character, other circumstantial evidence and by disproving the basis of false claims. Beneficial laws are sometimes misused by women to file bogus cases or claims against individuals. Most of the time, human resources solve a harassment claim that is fictitious. Nevertheless, sometimes, a harassment claim that is fictitious can cause damages. For example, the man may lose their job, promotions, as well as wages because of the claim that is bogus. In these instances, it might be essential to take legal action as a way to regain another legal remedy or a damages award for the losses. An individual can confront criminal or legal effects for filing a frivolous or false harassment claim with the help of a good labour lawyer in India who can additionally help determine your choices when it comes to legal remedies and can offer you legal guidance and representation in court.

Yes, you can take a legal action with the help of best employment attorneys in India if you have been illegally terminated only if you had an employment agreement. In absence of any such document, your employment is presumed to be employment at will and you can be fired for any random reason. Thus, it is advised to always sign an employment agreement. You can now get DIY employment agreement online in just a few clicks. The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include: Firing in violation of federal and state anti-discrimination laws; Firing as a form of sexual harassment; Firing in violation of oral and written employment agreements; Firing in violation of labor laws, including collective bargaining laws; and Firing in retaliation for the employee's having filed a complaint or claim against the employer. For, any further information, you can find best lawyers online.

It is advisable that you sign an employment agreement in India before starting your job. A written document that states the provisions relating to employment of a person creates a sense of trust between the hired individual and the company. A carefully worded employment document not only limits the liability of the company but also cements the relationship between the employer and employee. Get your DIY employment agreement in just a click. An employment agreement also acts as an important piece of evidence in case there is any conflict between the company and its employee. The agreement acts as the source of legalities to which both of them are bound and prevents any discrepancy or rebuttal to the decided upon terms in case the company or employee violates the agreement in near future.

All cases with the Labour Court must be decided within the time frame of 3 months. However, if the Labour Commissioner considers it important in the interests of justice or there is a change in circumstances of the case or it is expedient to do so, he may extend the time beyond 3 months with reasonable cause and specified extension of time. The Employment and Labour laws in India are silent as to how long the extension may persist.

Yes, you can get legally fired over a text message in India. However, it is not the most appropriate way to fire an employee. Mere fact that you were fired with just a text message does not give you a right to move to the Court questioning the illegality of the procedure. However, the conditions as to legal notice period in employment cases or payment in lieu of notice period (pay the amount equivalent to what he would have earned had he been served a notice period if notice period is not served.)

It is mandatory to have a POSH policy or prevention of sexual harassment policy even if there exist 2 employees. Not having any female employee is not a justified ground for no such policy. Prior to the passing of Prevention of Sexual Harassment at Workplace Act, there was no mandate for such policy or any such policy recognizing sexual harassment at workplace. However, with numerous judgments of various Courts it became mandatory for companies to have a POSH policy in accordance with the law. The Act mandates the establishment of an Internal Complaints Committee at all branches or offices of organizations where at least 10 or more employees are employed.The constitution of the Committee is as follows: It should be headed by a woman employed at a senior level. Half of the members should be women. It should include a third party NGO/ another body. Two persons amongst employees committed to the cause of women/with experience in social work/legal knowledge should form part of the Committee.

As per the Employment and Labour laws in India, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. However, the exact number of working hours and overtime payment, depends from a company to company and your employment agreement. The rule is in accordance with the International Convention on Human Rights and humane working conditions.

Under Negotiable Instruments Act the limitation period is 30 days from the expiry of the notice period. Limitation period is the time within which you need to file a complaint case, failing which the right to seek that remedy lapses. You can still file a case for cheque bounce after the lapse of 30 days if you can provide with a reasonable justification in regards to the delay. The limitation period to send a notice on receiving information as to dishonour of cheque is 30 days. Thus, to sum up the timeline is: Step 1: Dishonour of Cheque and receipt of information from banker. Step 2: Send a notice within 30 days of receipt of such information. If drawer takes steps and you receive your dues before expiry of notice period, you can escape legal proceedings. Step 3: Lapse of notice period in 15 days. Step 4: If no action is taken by drawer, you can now file a criminal case against him with the help of top cheque bounce lawyers in India. It is pertinent to note that you have a right to represent the cheque to the bank even if it is dishonoured once.

Cheque bounce is an offence under S/138 of Negotiable Instruments Act (N.I. Act). However, there exist a few exceptions to it, namely: If the cheque is forged; (Section 464 Indian Penal Code) If the cheque cannot be traced back to the cheque book number; If the cheque was delivered by force, fraud, undue influence, coercion or misrepresentation; If the cheque was issued by a person of unsound mind or lunatic or idiot; If the drawer becomes insolvent; If the cheque was not issued for discharge of a legally enforceable debt or liability but merely as a security, advance or loan. It is important for you to consult the expert cheque bounce advocates to defend your case to escape the legal consequences.

Yes, there can be a legal action against you if the cheque you issued bounced. It is advisable to issue cheque with the correct date and to ensure that you have sufficient funds in your account on that particular date. If your cheque was dishonoured and you have received a notice or cheque return memo, do not panic and hire the experienced cheque bounce attorneys online with just a click, through our website.

After giving notice to the drawer of cheque, you need to file a complaint case with the help of experienced cheque bounce lawyers in India against the drawer under Section 138 of Negotiable Instruments Act within 30 days from the expiry of notice period. The notice period is of 15 days. Thus, to put it in a simple way, you need to file a complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to a loss of remedy under procedure of Section 138 of N. I. Act. However, there exists an alternate remedy to file a summary suit (civil legal proceeding) for recovery of money and to initiate proceedings under Section 420 of Indian Penal Code within 3 years from the date of issue of cheque. It is advisable to consult the best cheque bounce advocate to know the appropriate remedy available to you in your case.

The bail amount for a cheque bounce case varies from case-to-case basis and can be best advised by the best cheque bounce attorneys in India. However, certain parameters are kept in mind to give you an approximate idea: The amount for which the cheque was issued; The financial status of the drawer; The number of similar cases pending against the drawer in the same transaction or transactions close in time to each other; The expertise of your lawyer to convince the authorities; (Thus, it is important to hire a best lawyer for cheque bounce matters).

The documents required to file a cheque bounce case in India are: Copy of the notice served on drawer; Proof of service of notice, either courier receipt or receipt of registered post A.D. Original cheque on record Cheque return memo issued by the banker to the drawer Proof of existence of legally enforceable debt or liability (not required in case of a summary suit). Other documents depend on a case-to-case basis and you can receive best guidance by good cheque bounce advocates in India.

Yes, you can file a case under Negotiable Instruments Act after the lapse of limitation period i.e. 30 days after the expiry of notice period. You need to justify the delay with a reasonable reason to the satisfaction of the court with the help of best cheque bounce advocates in India.

When a cheque is dishonoured, the banker or the bank issues a memo to the drawer or issuer of the cheque mentioning: Reason for dishonour of cheque Date of cheque bounce Cheque number and date of issue of such cheque Such memo is called a cheque return memo and is a very important document in case a legal action is necessary. It serves as a notice to the drawer of the cheque.

You can send back the cheque to the Bank even if it has bounced one. Dishonour of cheque once or twice does not curtail your right to represent to get it encashed. There is no restriction regarding the number of times a cheque can be presented. Every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. Thus, if you represent the cheque and it is dishonoured again, it turns the tables in your favour giving you additional cause of action to file a complaint under S/138.

Section 138 of Negotiable Instruments Act relates to dishonour of cheque i.e. when is a cheque returned as unpaid on being presented to the banker. Section 138 of the Negotiable Instrument Act, 1881 can be divided into the following elements- Cheque is drawn by a person on account maintained by him; Such cheque is issued for discharge of a legally enforceable debt or liability; Such discharge can be in whole or in part; To any other person to whom such payment is to be made; Such cheque is returned by the bank as unpaid because of any reasons aforementioned; Such person or drawer is deemed to have committed the offence of “dishonour of cheque”. If you receive a notice under Section 138 of Negotiable Instruments Act, do not panic and hire an expert cheque bounce lawyer online.

Yes, there can be both civil and criminal proceedings against you in a cheque bounce case. Civil proceedings can be instituted either under Section 138 of Negotiable Instruments Act or as a summary suit on lapse of the 30 day period. Criminal proceedings can be instituted under S/420 of IPC(Indian Penal Code) within 3 years from the date of issue of cheque. It is advisable that you consult an expert cheque bounce lawyer or a criminal litigation lawyer in India to defend your case.

At present, the validity of cheque in India is 3 months. The validity of a cheque means the time period within which it can be presented to the bank to receive the payment or amount as specified in the cheque. A cheque cannot be encashed after the lapse of the time period of 3 months from the date of issue of cheque.

The definition of cheque is an instrument, most commonly used means of making payments in the commercial and business world. It is defined under Section 6 of Negotiable Instruments Act as a bill of exchange, issued by the drawer to the banker. Cheque is issued with the purpose of guiding the banker to pay a certain sum of money when demanded by the specific person. A cheque is a tripartite transaction involving at least 3 parties one of them always being a bank. A cheque can be crossed, open, post-dated, anti-dated, bearer or order cheque. A cheque needs to be duly signed by the drawer and the drawee must be certain to prevent misuse of such cheque.

A cheque is said to be dishonoured or bounced when it is presented for payment in the bank but is not paid owing to some reason. Dishonour of cheque can be because of many reasons. It is both a criminal and civil offence and proceedings in a cheque bounce case can be initiated with the help of best cheque bounce lawyers in India.

There exists a special rule for dishonour of post-dated cheques. Post dated cheques can be issued for any purpose i.e. to secure a loan, to serve as an advance or security or for discharge of a legally enforceable debt. However, only if the cheque was issued for discharge of a legally enforceable debt, can it be said to be dishonoured or bounced. Thus, it must be proven that the date on which the cheque was issued, there existed a legally enforceable debt or liability due to be paid to the payee by the drawer. If there existed no such debt on the date of issue of cheque, but comes into picture post the date of issue but before the date of payment, there can be no offence of a cheque bounce case. This stands as a very strong defense in any cheque bounce case. To save yourself from the punishment or arrest it is advisable that you consult expert cheque bounce lawyers online who can defend your case.

The penalty for a dishonour of cheque case under Section 138 of N.I. Act is: Imprisonment upto 2 years; or Fine upto twice the amount of cheque value; or Both fine and imprisonment. It is pertinent that you consult the top cheque bounce advocates in India to escape the punishment.

Yes, you can be arrested in a cheque bounce case. The provision ensures that innocent people are not fooled by unscrupulous people in case of payments and that they do not escape or flee away from the country. Arrest can be to ensure presence in a Court of law or others. There is a sigh of relief for you as you can be out on bail if you assure your presence in Court when demanded. Dishonour of cheque is a bailable offence. A good criminal lawyer in India can help you get a bail.

A cheque is the easiest means of payments in the business world. However, often innocent people are fooled by giving them cheques issued on bank accounts which have insufficient funds. In this condition, cheque when sent to the bank, bounces or is dishonoured. The legal remedies available in case of cheque bounce are: Action under Section 138 of Negotiable Instruments Act: In the event of expiry of notice period of 15 days, the payee has the right to file a criminal case within 30 days of such expiry of notice period in a court of competent jurisdiction with the help of experienced cheque bounce lawyers in India. Civil Action as Summary Suit: This remedy is available for a longer duration of time. You can file a summary suit for debt recovery in India for the amount of cheque along with interest and legal expenses. Notice can be issued for filing of the summary suit in regards to recovery of money. Criminal Action under Section 420 IPC: This remedy is in the nature of criminal suit for the offence of cheating under Section 420 of Indian Penal Code (IPC) within 3 years from the date of issue of cheque. The remedy is not directly related to a cheque bounce case. It is only applicable if you can prove that the drawer cheated you and had dishonest intention to cheat. It is but an additional remedy in cases where cheating forms a part of the offence. An expert cheque bounce attorney in India can guide you the best in regards as to the action you must take.

You can escape from a cheque bounce case by hiring the best cheque bounce attorneys in India online to defend your case. If you can prove that the cheque issued by you was forged, or delivered by undue influence, cheating, force or fraud you can easily escape the case. Another ground for defense in cheque bounce case can be that the cheque was not issued for discharge of a legally enforceable debt or liability, but merely as a security or advance or a loan. If you can nullify any of the essentials of Section 138 of Negotiable Instruments Act aforementioned, you can escape the liability. Further, a cheque bounce can be justified on various grounds, best known to your advocate according to the facts of your case.

No, you cannot file a case for cheque bounce on ground of lapse of validity of cheque. It is your fault if you fail to present a cheque to be cashed within 3 months of its validity. Default on your part does not give rise to a cause of action in dishonour of cheque. A cheque that has never been presented to the bank cannot be dishonoured. You may request the drawer to issue a fresh cheque if your failure to present it is reasonable. However, there exists no legal right to demand a fresh cheque.

There common reasons for cheque bounce in India are many. The list is not exhaustive in nature. The reasons can be: Insufficient funds in account Overwriting on cheque Stop payment instructions (by drawer or Court order) Illegible or incomplete signature of drawer Not properly dated Mutilated cheque Mismatch in Account Number No clarity in amount In case your cheque bounces, it is advisable to consult a good cheque bounce lawyer in India.

The limitation period to file a civil suit for recovery of money is 3 years from the date of the last payment made or the acknowledgment of debt by the debtor. A civil suit acts as an effective remedy to recover money. The civil suit is generally in the nature of a summary suit wherein the burden of proof is not to prove the debt thus cutting down the bulk of legal proceedings. It is necessary for a suit for recovery of money to be disposed off expeditiously.

The status of homebuyers under Insolvency and Bankruptcy Code is in the nature of financial creditors. The IBC has been amended so as to change the status of homebuyers and their treatment in bankruptcy cases. The status of financial creditors has been accorded to the homebuyers, with the law being silent about the fact if they are secured or unsecured financial creditors. This amendment has strengthened the position of homebuyers in cases of debt recovery. Prior to the amendment, homebuyers had no remedy available to them to recover money except to approach a Court of law, where their debt was at the bottom of the priority list. Now, they will be treated at par with the banks and financial institutions as financial creditors. Further, whether the homebuyer is a secured or unsecured creditor is left to be decided on a case-to-case basis. The onus to prove the category in which the creditor is qualified lies on the homebuyer in accordance with the agreement signed with the real estate company. It is only the secured creditors who will get precedence in payment from the sale of assets when the company gets liquidated.

Recovery of money in India can be a very difficult task at times, and deciding as to which law will be applicable even more. Thus, it is advisable that you hire an expert debt recovery lawyer in India to recover your money. The laws applicable are: Negotiable Instruments Act: It is applicable in cases of dishonour of cheques under Section 138 of the Act or dishonour of any other bill of exchange or promissory note. Legal notice is issues and thereafter proceedings are initiated in case of non-payment. Code of Civil Procedure: A summary suit for recovery of money can be instituted under Order 37 to ensure speedy disposal of cases. Indian Penal Code: A case can be lodged under S/420 for Cheating or misappropriation of funds. FIR must be lodged in a police station of appropriate jurisdiction. SARFAESI: This Act is only applicable to cases of debt recovery by banks or financial institutions to borrowers.

Yes, you can file a summary suit to recover your money as the most effective and appropriate civil remedy available to your case with the help of top debt recovery attorneys in India. Summary procedure is applicable to recover a debt or liquidated demand in money arising on a written contract. The advantage in filing a summary suit is that the time taken is very less as compared to other procedures. Further, there exists no burden on the part of plaintiff to prove the existence of legally enforceable debt. A burden is placed upon the defendant to disclose the facts sufficient to entitle him to defend in the application for leave to defend.

Any document evidencing the grant of money from you to any other person is enough to prove the debt. Any document, contract, message, telephonic conversation, mail or post can serve as a proper evidence in Court of law to prove your debt. Any witness or any other circumstance arising from the consequence of such debt can also help you prove the debt. Bank account transactions, promissory notes, a contract or other payments so made serve as legal evidences of the lending of such money. A good debt recovery advocate in India can help you better in establishing your case in a Court of law.

The forum where you should file your case depends on the kind of action you wish to take. NCLT: You can file a case under NCLT where the debtor is a corporation undergoing liquidation and your debts are not cleared by them. DRT: Any debt can be recovered by filing a case in the Debt Recovery Tribunal of appropriate jurisdiction Civil Court: A summary suit under Order 37 of Code of Civil Procedure can be filed for recovery of money due to the borrower with the help of best debt recovery lawyers in India. Summary suit is generally disposed off in a very short span of time discharging the debts and claims. Criminal Court: A suit can be filed under S/406 or S/420 of Indian Penal Code, for cheating or misappropriation of money in a Court of competent jurisdiction to ensure that the debts are discharged.

Yes, you need to send a legal notice in India before filing a case for recovery of your money either as a civil suit or under DRT or under Indian Penal Code. Legal notice serves as intimidation and notice as to the intention to initiate criminal proceedings against any person. It provides a reasonable opportunity to the person to pay off your debt to escape legal proceedings.

Order 37 under CPC relates to the procedure in a summary suit and the litigation. It acts as a boon for the plaintiff in a money recovery suit. The real benefit of an Order 37 Suit is that unless the Defendant is able to demonstrate that he has a substantial defence in his case, the Plaintiff is entitled to a judgment immediately. This in layman’s language means that the stages of filing a Written Statement within 30 days and not later than 90 days, a rejoinder thereafter, admission/denial of documents, framing of issues by Court, leading evidence, cross-examination by parties, final arguments and then finally the judgment/decree, in an ordinary Civil Suit gets eliminated. Thus, the idea behind a summary suit is speedy justice.

Debt recovery from individuals can be a herculean task at times, keeping in mind the nature of day-to-day transactions, lending on friendly basis, oral contracts, lack of documentation, force, fraud etc. However, if you want to recover a debt from an individual it is advisable to hire the best debt recovery lawyers in India to guide you. The measures that are generally taken are: Legal Notice: Sending a legal notice is the first step you can take to recover your money, thereby informing him legally that he is bound to pay certain sum of money with interests in the stipulated time failing which the legal consequences may flow. A standard window for complying to a legal notice is 30 days. F.I.R: F.I.R. or First Information Report is a criminal complaint against the breaching party. You can lodge an F.I.R. if you wish to initiate criminal proceedings against the person from whom you need to recover the money. Money Suit: A money suit is an ordinary civil suit before a Court of competent jurisdiction. Here, the aggrieved prays for obtaining the monetary compensation against the loss caused to him. Money suits are generally treated as a summary suit under Order 37 of the Civil Procedure Code so that the matter is disposed off within 3-4 months. Insolvency Petition: Insolvency proceedings are initiated by the official Liquidator when all other remedies fail. An aggrieved has to file a petition under Insolvency and Bankruptcy Code. After the matter is adjudicated upon, an official liquidator is appointed by the said court who manages the assets of the insolvent person and liquidates them so that all debts and monies due from the insolvent can be paid off. Criminal Suit: A criminal suit can be filed under S/406 and Section 420 of Indian Penal Code. A criminal suit can be filed if the amount to be recovered is proportionately high and despite several warnings, the person refuses to pay the amount. A criminal suit is usually the follow-up to an F.I.R. investigation.

Summary suit is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. Its object is to summarise the procedure of suits in case the defendant is not having any defence. A summary suit can be instituted in High Courts, City Civil Courts, Courts of Small Causes and any other court notified by the High Court. High Courts can restrict, enlarge or vary the categories of suits to be brought under this order. A summary suit is instituted by presenting a plaint in an appropriate civil court. Summary procedure is applicable to recover a debt or liquidated demand in money arising on a written contract, an enactment or on a guarantee. Under summary procedures, the defendant has to get the leave to defend from the court. A burden is placed upon the defendant to disclose the facts sufficient to entitle him to defend in the application for leave to defend.

Recovery of money by banks from the borrower can be done under SARFAESI Act. It involves a two-step process. Firstly, securitisation and reconstruction of financial assets; secondly, enforcement of security interest. Whenever, a bank gives financial assistance to a person, the assistance is termed as a loan to the borrow against any security. In case of default of payment by the borrower, a legal notice is served because of existence of security interest for repayment of debt. If the default persists, the security is sold off to Securitisation and Reconstruction Companies (SCOs and RCOs). The bank in turn receives money and its Non-Performing assets or NPAs are converted into liquid money. The borrower now becomes the borrower of SCOs and RCOs. Further, in a different scenario, banks can even opt for enforcement of security interest in a debt recovery tribunal (DRT). A civil action for recovery of money is taken, wherein after the failure to comply with the legal notice, the Court is entitled to sell the security to recover money and to take other measures for the enforcement of this security interest.

Yes, you can file a criminal case against the person who has not repaid your loan under Section 420 of the Indian Penal Code i.e. the offence of cheating. The first step in filing of the criminal case is lodging of FIR in the police station of your jurisdiction. Once the investigation is concluded a case can be instituted in a Court of appropriate jurisdiction preceded by a legal notice to the accused. A criminal case acts as an efficient remedy owing to the retributive nature of the punishments and penalty.

Section 5(7) of Insolvency and Bankruptcy Code defines financial creditors as any person to whom financial debt is owed. A creditor is any person to whom a debt is owed. A debt is a liability or obligation in respect of a claim, due from any person. An essential part of the term claim is a right to payment, or a right to remedy for breach of contract, which gives rise to a right to payment. To be considered a creditor of the corporate debtor, therefore, a right to payment is essential. A secured creditor is generally a bank or other asset-based lender that holds a fixed or floating charge over a business asset or assets. When a business becomes insolvent, sale of the specific asset over which security is held provides repayment for this category of creditor. Unsecured creditors can include suppliers, customers, HMRC and contractors. They rank after secured and preferential creditors in an insolvency situation.

You can take both civil and criminal action to recover your money with the help of expert debt recovery advocates. You can also opt for outside Court settlements. Civil remedies: It includes sending notice to the debtor and filing a complaint to initiate civil proceedings under Negotiable Instruments Act, Civil Procedure Code or Insolvency and Bankruptcy Code. Criminal remedies: The first step to obtain a criminal remedy is to lodge a F.I.R. in a police station of appropriate jurisdiction.Once sufficient evidence has been gathered on record, a criminal suit can be initiated under Indian Penal Code for quick disposal of matter. Outside Court Settlements: For high monetary value contracts, the best way is to settle differences and cut off loses through alternative dispute mechanisms such as Arbitration or Mediation. This is a method which is most effective against corporates as the matter can be resolved very expeditiously without furthering the loses they’d normally have to bear without having to resort to the tedious court process.

Recovering a debt from a Company is facilitated easily if there exists a legal document. However, the other measures that you can take with the help of good debt recovery lawyers in India are: Legal Notice: Sending a legal notice is generally the first step in initiation of any proceedings. A legal notice is the first step you can take to recover your money, thereby informing him legally that he is bound to pay certain sum of money with interests in the stipulated time failing

There are numerous reasons for which a legal notice can be served on a person or an entity. The most common cases as to who can send a legal notice and when are: Disputes relating to property: It includes disputes relating to mortgage, delayed delivery of possession by the builder, eviction of the tenant, the partition of family property, registration of sale-deed, execution of will etc. Disputes relating to employment: It includes notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, sexual harassment at workplace etc. Consumer Protection disputes: Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, or any other grievance of the consumer. Cheque Bounce Cases: Notice is to be sent as per the provisions of Section 138 of Negotiable Instruments Act, to the defaulter whose cheque has been dishonoured. A legal notice has to be sent within 15 days of dishonour of cheque by registered post and must be drafted by a good cheque bounce lawyer in India and contain facts of the case including the nature of transaction, amount of loan or other legally enforceable debt for which the cheque was issued, date of deposit in bank etc. Personal Conflicts: Notice is to be sent in case of personal conflicts such as divorce, maintenance, child custody, alimony, cruelty etc.

A legal notice is, a formal communication to a person or an entity, informing them of the intention to undertake legal proceedings against them. It simply means intimation, information, knowledge, attention etc. It serves as information to the other party to ensure that they are aware and cannot plead ignorance at any future date in a Court of law. It also adheres to the basic principle of natural justice and a legal right to information. It is advisable not to panic on receiving such notice and to consult top civil lawyers in India.

It is not mandatory to send a reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law. You can hire best lawyers in India to send a reply to a legal notice. The reply must be given within the stipulated time. In case if you have received a legal notice do not panic, simply follow the following procedures- Step 1: Read the content of the notice carefully in the context of the agreement, executed between the parties. If you think that the notice is not accurate or can be contested and needs legal help, approach a qualified lawyer. Step 2: Check the limitation period within which the reply is to be filed and adhere to the same. Step 3: Keep a record of the time of notice within which you received the notice. A good record keeping will be an advantage even if the opposite party files a suit against you. Step 4: Check the contractual obligations which the sender of the notice needs to fulfil and which it lacks. Breach of contractual obligations will be a good defence for the receiver. Counterclaim for damage due to breach and compliance of obligation can be done.

Show cause notice is a notice sent to any person by any authority i.e. government, employer, government employee’s, passport authority etc, in order to get a reply back with a reasonable cause as to why a particular action shouldn’t be taken against him in regard to the defaulting act done by him. Generally, it is used in order to provide the defaulter with a chance to present himself with a reasonable cause because of which he committed the wrongful act. The best civil advocates in India can be hired to deal with show cause notice.

A legal notice can be sent by a landlord to eviction on termination of the tenancy period. Tenancy is the passing of rights of enjoyment and possession for a specific time period by the landlord to the tenant. The time period is specified in the rent agreement or lease deed or is determined by local customs in that area. If the tenant refuses to leave the premises, the landlord can send a legal notice in regards to the same. If, the tenant refuses to leave the premises despite the legal notice, the landlord can send another legal notice with the intention of initiating legal proceedings in a Court of law. To ensure that the landlord has these rights, there must be all important clauses in a rent agreement and it should be drafted carefully.

The contents of legal notice in India are: The details of both the parties, like name, address, contact information. The problem faced or loss suffered by the sender of legal notice. The remedy sought from the other person to resolve the problem or cover the loss. The action or inaction of the receiver upon intimation of problem. Further remedy sought by the sender of legal notice. The legal action that will be taken in case the remedy is not provided by the receiver.

It is not mandatory to reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law. Thus, to ensure that no reply to a notice should not become a ground proving your fault, it is always preferable to reply to such notice. You can hire best attorneys in India to send a reply to a legal notice.

A legal notice, must adhere to the laws and regulations laid down by statutes. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation advocates carefully.

A legal notice in employment cases can be sent under following cases: Unpaid salary to employee; Sexual harassment at workplace; Non-adherence to company’s policies and employment contract; Disclosure of confidential information of company to outsiders; Leaving job without resignation letter; False claims of sexual harassment.

The basic object of the serving legal notice is to display the intention of initiating legal proceedings. The purpose of the notice is to give opposite party an opportunity to reconsider his legal position and to make amends or afford restitution without recourse to a court of law. The Supreme Court, in the landmark case, stated that “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.” The notice is deemed to be served only when it is received or refused by the addressee and not simply by posting the notice. This stands as an evidence as to the receipt of notice. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation lawyers.

A complaint may be made under Consumer Protection Act can be made by the consumer under following conditions with the help of good consumer protection lawyers in India: Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider; the article purchased by a consumer is defective; the services availed of by a consumer suffer from any deficiency; a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price; Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.

In the age of RERA, a legal notice can be sent by the buyer to a builder if he refuses to give possession, abandons project site, delays possession, refuses to give possession certificate or adhere to provisions of RERA. The changes that have been envisaged under RERA are massive for putting accountability on the timelines of builders and thus buyers can send legal notice as well. A legal notice can be sent primarily for delay in possession under RERA through best RERA lawyers in India.

The limitation period to file a reply to a legal notice varies from case to case basis, ranging from 15 days in some to 30 days in case of dishonour of cheque or consumer complaint to 45 days or any number of days as stipulated in the notice or the statute under which the notice is filed. The reply to the notice should be filed with the help of good civil attorney in India.

SARFAESI Act provides a remedy to banks in case of non-performing assets. A bank can issue notice to the consumer at two stages. Firstly, when the loan is due the bank can issue notices for payment of the debt and express its intention to declare the financial asset as NPA in case of default to pay. Secondly, the notice can be sent when the bank decides to convert NPAs into liquid money by selling the same to Asset Reconstruction Company declaring that the person is now a borrower of that Company and not the bank. To reply to such notices and to know what remedies you have, it is advisable to consult experienced debt recovery lawyers in India.