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Showing posts from May, 2023

What Is The Process Of Recovery Suit In India For NRI Person?

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The article below explains about the provisions laid down by the legislature related to the suit for recovery of money as has been mentioned in Order 37 of the CPC. Also, summary suits are another option for the process of recovery suit in addition to the procedure which has been provided under Order IV. The procedure mentioned under order 37 of the CPC could be initiated mostly for financial matters. Basic objective behind the introduction of such provision is the speedy disposition of business disputes. Suits for money recovery under CPC-  A lawsuit for money recovery is the kind of legal remedy so as to collect money from a defaulter. The aggrieved party can file a lawsuit under Order IV of the CPC, 1908. The suit filed under this provision is similar to the summary suit which has been provided under Section 37 of the CPC, allowing for a speedy resolution as the other party to the suit will not be allowed to defend as a subject of rights, that too after it has rec...

What Is The Purpose Of Sections Of Hindu Marriage Act?

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On the 18th of May, 1955 the Hindu Marriage Act came into being as part of the Hindu Code Bills, other Acts which were introduced are the Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956. The objective behind the introduction of the act of 1955 was to codify and amend the laws relating to marriage among Hindus and others. The Act brought a uniformity of law for different sections of the Hindu community. Also, there are religion specific civil laws in India, which separately govern the adherents of certain other religions. For further information on the subject you are advised to seek legal guidance from experienced lawyers in Kolkata . Some important Sections of the Act of the 1955 have been explained below- Section 3 of the Hindu Marriage Act- Section 3 explains the definitions of some of the terms which have been mentioned in the Act, some of these are explained below- Customs and Usages- could...

Want To Hire A Lawyer In India For Court Marriage?

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It would be a huge task if you are planning to hire an advocate. A court marriage lawyer will be able to assist you with documentation as well as procedure for the court marriage, before you hire one you can ask for recommendation from your friends, relatives, colleagues etc. or you can search online for a lawyer for the procedure of court marriage in Patna For legal advice or assistance regarding the procedure of court marriage in Visakhapatnam or your own city you can contact us at Lead India as we have a team of experienced advocates, who have been successfully handling court marriage cases for years now and are able to deal with any surprising situation.  Before you hire a lawyer, you must check a number of things, such from professional experience of the lawyer in handling cases related to your matter to the success rate and fee, mentioned below are some points to be considered which can help while hiring a lawyer for court marriage in Guwahati or your city- Ma...

What If There Is No Charge sheet After Fir?

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When an FIR (First Information Report) is filed, it serves as the initial step in criminal proceedings. It informs the authorities about the alleged crime and initiates the investigation process. Typically, after the FIR is filed, the investigating authorities gather evidence, interview witnesses, and collect relevant information to determine whether charges should be filed. The charge sheet is a crucial document in the criminal justice system that follows the filing of an FIR (First Information Report). Importance of Charge sheet Formal Accusation- The charge sheet is a formal document that outlines the specific charges brought against the accused. It provides clarity on the alleged offenses and serves as a basis for further legal proceedings. It establishes the legal framework for the case and ensures that the accused is aware of the charges against them. Evidence Presentation- The charge sheet includes the evidence gathered during the investigation, such as witness...

Can We Fight Criminal Case In A Court Without A Lawyer Present?

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There is a difference between a criminal case and a civil case, when found guilty in a criminal case, you could face jail time, therefore it will be favorable for you to let a professional handle what he is experienced at. In the article herein we are going to explain some of the points as to why it may not be good for you to represent yourself in your own criminal case.  As per Section 32 of the Advocate’s Act, the Court may allow a person to represent himself/herself before the court even if he/she is not an advocate. There are statutory rights provided by the legislature to represent himself in his case as per the Advocate Act in India. You may be allowed to represent yourself in the court of law, but even if you are ready to risk your life and reputation, it is advised that you contact an experienced criminal lawyer in Ludhiana who can explain to you the gravity of the criminal charges faced by you so that you could act calmly. Fighting your ow...

What Is The Significance Of Section 6 Of Hindu Marriage Act?

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Hindu marriage regulations were established and put into practise in 1955. The Hindu Marriage Act, 1955, enacted by the legislature, covers Hindu marriage, restitution of conjugal rights, and judicial separation, and divorce, annulment of marriage, maintenance, and guardianship. In Sections 5 and 7 of the Hindu Marriage Act of 1955, the prerequisites for a Hindu marriage are outlined. The Hindu Marriage Act was passed on May 18, 1955, by the Indian Parliament. The Hindu Code Bills were passed at this time, and among these were the Hindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the Hindu Adoptions and Maintenance Act of 1956. Hindu brides and grooms who are united by the sacred tie of marriage are legally protected according to the Hindu Marriage Act of 1955. There are several ways a man and woman might be married in line with Hindu tradition, so the type of ceremony that must take place has not been prescribed by law. The Hindu Marriage ...

What Is Called Court Marriage?

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A court marriage is, as the name implies, performed in front of a marriage officer and three witnesses. The legalization of judicial marriages is governed by both the Special Marriage Act of 1954 and the Hindu Marriage Act of 1955. Furthermore, regardless of caste, religion, or creed, two Indians can have a court marriage. In reality, a court can perform a marriage between an Indian and a foreigner. To perform a court marriage, you will need the following documents: Application for marriage Evidence of birth date Application form and fee receipts together Evidence of a home address 2 photos in passport size The marriage officer will issue a marriage certificate following the union. The certificate must be signed by the witnesses. Additionally, the application fee for a court marriage is Rs. 100* for Hindu marriages and Rs. 150* for Special Marriage Act marriages. Court marriages, as the name implies, differ from regular marriages in that they take pla...

What Is The Process To Hire A Lawyer Online For Any Case?

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There are a lot of solicitors that represent clients in court every day. It is more crucial than ever that you select the best lawyer for you because there are so many of them available. But how can you determine which option is the best fit for you or how can you be certain that the one you have chosen is the best option? Making the wrong choice in an advocate can have severe results; therefore you must conduct thorough study before selecting one. An advocate is a lawyer who fights for you while upholding moral principles and employing realistic, cost-effective strategies. He is an attorney with legal schooling and a license to practice. The Advocates Act, 1961's section 2(1)(a) stipulates "advocate" as the correct term, despite the fact that "lawyer" is widely used in India instead of "advocate." Various Advocates According to Section 16 of The Advocates Act of 1961, there are two classifications of advocates: senior advocates an...

What Documents Are Required For A Quick Mutual Divorce ?

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The legal procedure related to the separation of a couple after their marriage is called divorce and where both parties to the marriage wish to separate by their own will after marriage, the procedure would be called as divorce with mutual consent. Both the partners could apply for the divorce mutually. Divorce shall be called a contested divorce or divorce without mutual consent if it is filed without the approval of the spouse of the applicant. In most of these cases, the reason behind filing for such divorce shall be cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world by the defendant. The procedure for divorce with mutual consent in India will be less expensive, traumatic and less time consuming in comparison to the contested divorce procedure. When can one file a mutually contested divorce case?  Both husband and wife must be willing to get separated is the most important...

How Do I Get Court Marriage Done In Metro City Of India?

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 Court marriages, which differ from conventional marriages in India, take place in front of a marriage official in a courthouse without adhering to the customs of a regular marriage.  No of their caste, religion, or faith, a man and woman who are legally allowed to marry do so in front of a judge, a marriage official, and three witnesses. This is referred to as a court wedding. If you get married in court in India, you are not required to hold a traditional ceremony to properly wed. The Special Marriage Act of 1954's requirements must only be met. Either party of Indian nationality may enter into a legal marriage. People of two different genders and of the same or a different faith can wed through a court marriage. To obtain a court marriage certificate, you must first submit an application to the marriage officer (or the sub-registrar). To register for marriage, the application must be filed to the marriage officer's local office in the jurisdiction where the couple ...

Process To Change Spouse Name In Passport After Marriage

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In India, the majority of newlywed women change their names. Even males these days change their names for numerological or other reasons. And these name changes must be included in all official documents that serve as a legal record of the person's new name. There are specific steps to take in order to do this. Documents Needed to Change the Name on the Passport after Marriage After getting married, ladies who want to alter their name or last name should bring the following paperwork to their appointment along with their passport application. Documents needed for a woman requesting a name change upon marriage are as follows- If applicable, a photocopy of the husband or wife's passport,  A marriage invitation or an attested copy of the marriage license granted by the Registrar of Marriage is required.  If the couple has an older passport, the first two and last two pages must be self-attested photocopies. Residence Proof: You may produce any two of...