Q1.  How long does it take to decide a civil case in India ?

Q2. How long does a decision take in a criminal proceeding in India ?

Q3.  How can I find a good lawyer in India ?

Q4.  Is or are there any different types of Proceedings ?

A4.  There are many different proceedings in the courts of law, which are called as Petitions, Suits, Applications, Execution Applications [Darkhasts],        Miscellaneous Applications, Minor Applications [Kirkol applications] etc., however generally every proceeding is conducted in the same manner, by        giving the other side full opportunity of being heard in the matter, and in the adversary pattern (i. e. - one party versus another, even if the parties        are truly not at loggerheads).

Q5. I wish to engage your services, I also agree on the fees, how do I make payment to you ?

Q7.  What kind of services do you / does your firm provide ?

Q8.  How can I change my name ?

A8.  Contact us for further details.

Q9.  How can I get married legally & properly ?

A9.  Contact us for further details.

Q10.  How do I have my name included in place of my deceased ancestor in the property records ?

A10.  Contact us for further details.

Q11. A cheque given to me by somebody has bounced. What do I do ?

Q12. I wish to obtain my Birth Certificate. What do I do ?

A12.  Contact us for further details.

Q13. Once a First Information Report (F. I. R.) is lodged for economic offences for what period does the complaint remain valid and when is the case          closed down ?

A13.  An FIR is lodged, only after the officer concerned comes to a conclusion that, the complaint being made by the complainant (orally or in writing) is          of a cognizable nature. Generally for economic offences below Rs. 25 lakhs, it the local police station in Mumbai which registers the offence beyond          which it the Economic Offences Cell in the Police Commissioner's Office in Mumbai which registers the offence.

       After the registration of the offence, which process begins by lodging of the First Information Report of that offence by the complainant in that         case, the police are supposed to begin their investigation of the offence, and arrest the persons found guilty, whether their names appear in the          FIR or otherwise, if and when they can get hold of the guilty offenders, they may also conclude that :

         a) there has not been any offence committed, or
       b) the person/persons accused of having committed the offences, are not guilty, and if no person can be found to be guilty of the offence or if           they come to a conclusion that there has not been any offence, they may close the case. Though there is no strict time limit for this, yet               normally the police close their files in about 6 calendar months.

Q14. In what situations are F. I. R. rejected ?

A14.  Legally an FIR may be rejected only when the concerned officer comes to an absolute conclusion that the complaint being made to him, orally or in          writing is not of a cognizable nature, and therefore does not merit an investigation by the officer of the police department.

A15. There are two types of possessions in law, the de jure possession or the possession of law and the de facto possession or the factual possession.         The example of the first as against the second is the possession of a joint holder of the property, where the factual possession may be of only one joint holder, but is legally deemed to be of every joint holder of the same.

Q16. Isn't the installation of mobile deactivator (like in Parliament) it the violation of the right of mobile holder to use his mobile wherever he want ?

A16. This right is not absolute, and this right can not override the rights of others for peace and serenity, nor can your rights disturb the rights and         activities of others. You will agree that, many times a mobile ring disturbs the surroundings like a theatre or movie hall.

        In case of a public building, where people gather or go to, like railway station, it would be the government which could decide about deactivating        mobile phones in the general interest of the visiting public, (may be one day it may be installed in the High Court Building also) but in a private        place, like a building or office fully owned by an individual (a legal individual includes a firm or company) the owner may deem it fit to install a         mobile deactivator [if available to him or it]. This is a possibility with many leading large clubs, where ringing of another's mobile is considered as a          break in the serenity of the surroundings and an intrusion in the peaceful existence of the fellow members.

Q17. What is the difference between a Lease and a License ?

A17. Following are the basic differences between the two, though a close scrutiny of the document creating the same by an expert lawyer shall be          required for better appraisal :

         A] License is governed by the Easements Act, 1882, while the lease is governed by the Transfer of Property Act, 1882.
         B] If an interest is created in a property it is lease, but where only a permission for user is granted, it is license.
         C] Generally if an exclusive possession is granted it is lease else license.
         D] It will basically have to be construed from the document creating it.
         E] normally a lease is for a longer period and license for a pretty short period.

Q18. I am a software professional in service. My employers have made me sign a bond for *** years, I wish to leave the job in-between, and join a          better prospect elsewhere. What can I do ?

A18.  There have been numerous cases in courts, where these bonds have been declared as illegal and ultra virus, being forcing something termed as          personal volition. Moreover it has also been held that, the amount spent by the company for training its staff was for its own betterment, since           the company continued to generally pay the same wages for higher quality and output.              

         You may leave your present job any time, subject to any employment contract (this is different          from the bond) laying down the terms of work in the office. No law can force you to stay in any         particular employment, and you may leave the job any time, subject to your terms of                     employment.
        
         However, in case there is only the bond, the company may threaten you with suing under the         same, it may also withhold your other benefits and  dues, under some pretext. For claiming         every such due, you shall have to claim the same before the court of law. On the other side,        your company  may also sue you for breach of contract and under the bond. No doubt you          should eventually win every such case, and stand to reclaim all your dues with interest and            nominal costs, however do not forget that, litigation is highly time, energy and money       consuming, and good lawyers seldom come cheap. Moreover note that, your company may         afford hundreds of litigations, since they may again employ somebody to look after the matters, keeping the management generally free for all          other tasks, you have to fight a lone battle, many times leaving aside other things, a few of them may be more urgent. Therefore our suggestion is          to fully weigh all the options before deciding onto something, and unless it becomes absolutely impossible to stick around, do not leave the                    present job, and continue till the end of your consented term.

Q19. Does power of attorney is required to be mandatorily notarised and registered ?

A19.  In case it is executed by more than four persons, it has to be only executed in front of a Notary Public of the area, else the same can be also          executed before the local oath giving magistrate or the local notary. Executing it before the Notary Public is generally termed as being notarised.

         Not all Powers of Attorneys are required to be Registered, and only very few categories of the same are compulsorily registrable for being valid.

Q20.  My father died without making a will. My name was not there as the joint holder in bank accounts. I am the only son. what is procedure for          getting accounts transferred to my name ? I was told succession certificate is necessary. what is procedure to get it ?

A20.  Though sometimes banks do it simply with heirship records and filling necessary forms and bonds, yet legally speaking, Succession Certificate is the         only means by which the bank should transfer the funds into your name, and therefore we can not insist with the bank for using other methods;          and therefore your information is correct to that extent.

Q23. My wife could Misuse IPC 498A against me and my parents.

A23.  Since one can not prevent anybody from moving the legal machinery (irrespective of whether the complaint is true or false) and it is only after          investigation the truth comes out; it becomes quite important that we subtly create some evidence in our favour.

         This could be in terms of getting (meaning tricking of sorts and not forcing or imposing upon) her to write to any of her friends or relatives that she        was quite well treated by yourself and your family and that, no dowry, prior to, during or after the marriage was ever sought from your side.       Another thing that could be done by you is to lodge a few complaints in writing to the local police station against her behaviour and most          important the threats she has been giving regarding involving you persons in some false offence including the one under S. 498A.


Q24. What is 'Caveat' and how this system will work ?