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Frequently Asked Questions
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Frequently Asked Questions
- Criminal Law FAQ
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Please consult a lawyer at the earliest. They will advise you on the next steps to be taken if you are not in police custody/ have been arrested.
Yes, however there are various factors which are taken into consideration before the grant of bail/anticipatory bail. Some of the factors are witness tampering, previous criminal cases/record, flight risk, evidence on record, etc.
Bail can be applied before the magistrate. There is also an appeal provision before the sessions court, high court & the supreme court.
Before the jurisdictional sessions court or directly before the high court.
You will have to adhere to the bail conditions passed by the Hon’ble Court such as executing sureties, co-operating with the investigation, etc
Yes, it can be modified. However, this is simply the judges discretion whether they want to modify the conditions of bail.
Yes. It can be relaxed If you have been complying with the bail conditions originally imposed.
Yes. Given the appropriate facts and circumstances of the case, an extension of 2-4 weeks can be granted by the court to comply with the bail conditions imposed.
The bail granted shall automatically stand cancelled and the police will have powers to take you into judicial custody.
Yes. However, there needs to be change in circumstances in order to obtain a positive order from the Hon’ble court.
In short, when there is no “prima facie” case made out against the accused. The FIR/charge sheet will most certainly be quashed.
No. An application to dispense with your presence can be presented. However, you need to be present during three stages such as 207, 313 & judgement day.
Yes. Opting against the same could lead to severe ramifications such as a conviction and jail time.
In short, based on the facts, circumstances and evidence placed on record. The defense evidence, witnesses, cross examination also play a key part on the courts decision. In all cases, the prosecution has to prove “beyond reasonable doubt” that the accused is guilty of the offenses as alleged by the prosecution.
Yes, you are completely protected by attorney-client privilege.
Depends on the offense committed, the gravity of the offence & the work involved.
Yes , it is mandatory for both husband & wife to be present at all hearings.
Yes, you can be represented by a registered power of attorney after seeking permission from the court.
In most cases, 45- 60 days.
Depends on the facts, evidence, number of witnesses, co-operation of the litigants & their counsels. If there is co-operation between the parties, a heavy documented divorce case can be concluded within 8-12 months from the date of filing your petition.
It can be filed based on the facts and circumstances of each case i.e: Where the couple last resided together , Where the marriage was solemnized, where the marriage was registered & where the spouse currently resides. A divorce case can be filed in courts having jurisdiction after taking into account the abovementioned facts.
This is decided depending on various facts such as cost/ standard of living, annual income & liabilities of the husband.
Yes. If there are grounds to refuse maintenance to your spouse and disputes question of facts/evidence, the court would refer the case for trial.
Courts award maintenance from the date of presenting/filing the petition. i.e; your spouse has to pay you retrospective maintenance from the date of filing your petition
Depends on a case to case basis. Senior/experienced lawyers charge anything between 1,00,000/- - 5,00,000/- depending on the facts & work involved.
Yes, they are recognised in India subject to fulfilling certain requirements as per Indian Law.
This depends on the facts and circumstances of every case. However, if a spouse does not submit to the jurisdiction of the foreign court, the decree will not be recognised as a valid decree in India.
No, valid foreign decrees of divorce are considered as “final”.
This would depend on the complexity of the case. However, it is very important that you higher an expert divorce lawyer to expedite the process.
No, as per section 13 of the family court act, lawyers can be engaged to assist the courts. However, your personal presence can be dispensed with by the court in exigent circumstances.
No. it is valid and final. Unless obtained under co-ercion or fraud.
Yes, if one spouse fails to carry out his obligations as agreed upon in the mutual consent agreement. The aggrieved spouse can approach the court seeking appropriate remedy to execute the breach of contract.
- FORM M complaint are before TN-RERA which adjudicates disputes such as completing of construction, registration of projects, etc between builder and allotees.
- FORM N complaints are before the Single member bench or the Adjudicating officer for claims of compensation due to delay or refund of money paid to promoters.
Anything between 3-4 months from the date of filing the complaint.
Anything between 12-18 months from the date of filing the complaint.
They usually take anything between 2-6 months to pronounce orders. However, this is completely the courts discretion.
Yes. If you are aggrieved by the actions of the builder, you can file a complaint.
Yes. If he aggrieved by any act committed by the allottee which is in contravention to the RERA Act,2016.
Yes, there is an option to file an “EXECUTION PETITION” to execute TN-RERA’s order if the builder/allotee fails to comply with the order.
Yes, as per section 79 of the RERA act and the latest supreme court judgement. RERA has exclusive jurisdiction to try all disputes that fall within the scope and ambit of the RERA ACT,2016.
Yes, TN-RERA has powers to impose costs and fine as against individuals who do not comply with the orders of the authority.