In India, it is possible for someone to file a First Information Report (FIR) with the police based solely on their statement, without presenting any immediate proof or evidence. The purpose of an FIR is to report a cognizable offense (an offense for which a police officer has the authority to arrest without a warrant […]
Tag: #LegalProcess
What is the role of high court enforcement officers?
In India, High Court Enforcement Officers do not exist as a distinct role like in the UK. However, there are various officials and mechanisms involved in enforcing High Court orders. These include court-appointed officers, police assistance, and specific legal processes. Here are some key points about enforcement in India: Key Roles and Processes for Enforcement […]
Can I sell my house while DV case pending against me?
Yes, you can sell your house while a domestic violence (DV) case is pending against you, but there are several important factors to consider: 1. Court Orders 2. Legal Advice 3. Buyer Notification 4. Financial Implications 5. Court’s Permission
What court see at framing of charge?
At the stage of framing charges in a criminal case, the court examines several key aspects to determine whether there is sufficient evidence to proceed with the trial. Here’s what the court typically considers: Overall, the framing of charges is a critical stage in a criminal trial where the court ensures that the accused’s rights […]
Modification of Maintenance under 25(2) DV ACT
Modification of Maintenance under Section 25(2) of the Domestic Violence Act: Understanding the Legal Process In the realm of family law, the issue of maintenance often arises following divorce or separation, especially when one party requires financial support from the other. Under the Domestic Violence Act (DV Act) in many jurisdictions, Section 25(2) provides a […]
How does a court send a summons to a defendant?
A court sends a summons to a defendant by following specific legal procedures designed to ensure that the defendant is properly notified of the legal proceedings against them. The exact process may vary depending on the jurisdiction and the type of case, but generally, it involves the following steps: 1. Preparation of Summons: 2. Service […]
WHAT IS LETTER OF ADMINISTRATION AND HOW TO APPLY FOR IT ?
A letter of administration is a document that appoints a personal representative to manage the affairs of a deceased person. It includes instructions on collecting and paying debts, managing property, and contacting creditors. When a person dies without a will, their property is distributed according to intestacy laws. The appointed executor or administrator ensures that […]
WHAT IS SUCCESSION CERTIFICATE ?
A succession certificate is a legal document issued by a competent court in India, which certifies the rightful heirs of a deceased person who died intestate (without leaving a will). The primary purpose of the succession certificate is to facilitate the collection of debts and securities owed to the deceased. Certificate Under the Indian Succession […]