Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 31 Aug 2019

Yes, if matter got resolved by the complainant then he can withdraw the same. But if there are some serious allegations mention, then it's a total discretion of the Court and it may take a suo moto action in that scenario.Read More

Posted on 27 Aug 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 04 Sep 2019

As per the law, any labour can file the case after within 3 years from the date cause of action arose. But in labour forums and commissions, presiding officers usually see the grievances and other facts and if they are satisfied with the clauses and the grievances court order to accept the condonation of delay. You can consult a labour lawyer in India to know more.Read More

Posted on 03 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 31 Aug 2019

A motion to dismiss can be filed on a variety of grounds, which are based on legal deficiencies. Some common grounds for filing a motion to dismiss include: Insufficient Service of Process: The complaint and summons weren't served properly. Statute of Limitations Has Expired: Each state has "statutes of limitations," or time limits in which certain lawsuits can be filed. Lack of Subject Matter Jurisdiction: In order for a court to rule on a case, it must have "subject matter jurisdiction," the authority to hear a particular type of case. Lack of Personal Jurisdiction: Similarly, a court must have "personal jurisdiction" over a defendant in order to make a decision involving the defendant. A court has personal jurisdiction over a party when he or she is a resident or has "sufficient minimum contacts" with the jurisdiction where the lawsuit has been filed. Improper Venue: Even when a court may have personal jurisdiction over the parties, it may be the improper "venue," which refers to the specific location of the court (based on state laws). Failure to State a Claim for Which Relief Can Be Granted: There are a variety of requirements with which a plaintiff must comply when filing a complaint, including a valid cause of action. A motion to dismiss may be granted if the plaintiff's complaint fails to adequately allege all of the elements of a claim or if the complaint fails to allege a measurable injury. Therefore, according to the last point mentioned, if the cause of action isn't valid or is false, a person can file a Motion to Dismiss.Read More

Posted on 30 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 30 Aug 2019

A succession certificate is given to the successor of a deceased person who has not prepared a will in order to establish the authenticity of the successor and also to give the certificate holder an authority over the deceased person’s debts and securities. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder even before the legal heir to the property of the deceased is established. A succession certificate is issued by the district judge of the relevant jurisdiction. The relevant jurisdiction would be where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which any property belonging to the deceased may be found. The main purpose of this certificate is to provide protection to all parties paying debts where such payments are made in good faith. The certificate holder is also empowered to receive any interest/dividend on the securities and negotiate or transfer such securities as mentioned in the certificate. Thus all payments made to and by the certificate holder on behalf of the deceased person will be legally valid. However, this does not necessarily mean that the certificate holder is the owner of the securities or the legal heir. The legal heir/heirs are determined by a separate procedure of law.Read More

Posted on 19 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Aug 2019

 As per my knowledge, there are no legal alternatives for pursuing criminal contempt against the opposite party. However, there are defences which you can take for criminal contempt i.e. Innocent publication and distribution of matter. A fair and accurate report of judicial proceedings, fair criticism of the judicial act, bonafide complain against the presiding officer of a subordinate court, no substantial interference with due course of justice, justification by the truth, the statement complained of is open to different interpretations, Defamation of the judge personally.Read More

Posted on 26 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 20 Aug 2019

As per the Consumer Act, there are guidelines for filling the case in the time duration but as per the act, there is nothing mention for delayed judgment in the Act. All you can do is wait for the judgment to be delivered by the court.Read More

Posted on 16 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 10 Aug 2019

You can contest both the cases and try to prove that it’s a plan of father and son so they don’t have to give you share or alimony. You may also file a suit of cancellation of deed with the help of a property lawyer.Read More

Posted on 09 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 09 Aug 2019

When any issue arrives at the cooperative society than you can file the case in Co-operative Societies Appeals Tribunal under the Cooperative Societies Act 2008. You can consult a good lawyer in India.Read More

Posted on 05 Aug 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 05 Aug 2019

Acquittal of a charge under Section 306 doesn't by itself become a ground for acquittal under Section 498A IPC but some cogent evidence is required to bring home the charge of Section 498A as well, without which the charge cannot be said to be maintained. In a challenge to the framing of charge for Section 498A of Indian Penal Code despite finding the offence under Section 306 to be not made out, the High Court made it clear that Sections 498A and Section 306 IPC are independent and constitute different offenses. For further information, you can contact a criminal defense attorney in India.Read More

Posted on 31 Jul 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 03 Aug 2019

This can be considered as uncontested divorce. In such a case, both parties must agree to the division of property, debts, child custody and spousal support. In doing so, the non-filing spouse won't be required to show up to the court hearing. If both parties cannot agree, they are both required to appear in court. Still not sure with the information may be our experienced divorce lawyer in India who can help you.Read More

Posted on 02 Aug 2019 | 1 Answer