All posts by Legalhelplineindia

e-Filing in Supreme Court of India

By Team Legal Helpline India, April 17, 2020

E-filing in Supreme Court of India explained in brief. Efiling in Supreme Court of India is the much awaited process for the legal fraternity.

ATTENTION: For urgent e-filing in Supreme Court of India, send us the details on mail. We will make an assessment and get back immediately.

It is a very good news for the litigant, Indian lawyers and all persons concerned with the legal system of India. The Supreme Court has started the e-filing in Supreme Court of India. Efiling in Supreme Courtwill go a long way in facilitating easy and smooth reach of the people to Supreme Court of India.

As we know, Supreme Court of India is the apex court of country. Supreme Court of India has original, appellate jurisdiction wherein thousands of cases are filed under various categories. Most of the cases as filed before Supreme Court of India are on the appellate side. These are mostly against the orders of High Courts or appellate tribunals or some statutory appeals. Since Supreme Court of India is the final court. It is essential that the access of common man for filing his petition before the Supreme Court of India is given through e filing. This is a step towards online legal services which is a new horizon.

There was no e-Filing in Supreme Court of India earlier. All cases were being filed in hard copies in the Registry of court in the fixed formats. After filing the cases were scrutinised and then listed before the court after removing all defects. This was mainly manual. As a result of this, lot of time was being wasted before listing the matter before the court very often. After the introduction of e-Filing in Supreme Court of India, during the lock down period it is simplified. The hearing of the cases is also being done through video conferencing after the e-Filing in Supreme Court of India.

The earlier system of filing hard copies filing was however being followed in a rigorous manner. It was to prevent any mischief or manipulation in the process. Now with the growing implementation of the e court project and keeping in view the requirements of the time, the court has slowly allowed e-Filing in Supreme Court of India.

In view of the ongoing sudden lock down due to Corona Virus since March, 23, 2020, e-Filing in Supreme Court of India has been allowed. Standards are prescribed through standard operating process . As per the notification issued by the Supreme Court of India, only very urgent cases can be filed through the e-Filing in Supreme Court of India and can be listed and heard through video conferencing only by the judges. This crisis has thus initiated the much awaited e-Filing in Supreme Court of India which is expected to be followed even during the normal times as well. The introduction of e-Filing in Supreme Court of India is bound to advance the reach of the Supreme Court more and more. The efiling in Supreme Court will also make the access to Supreme Court more easy for a common man.

THE STANDARD OPERATING PROCEDURE OF E-FILING IN SUPREME COURT OF INDIA:

e-Filing in Supreme Court of India at present has been allowed for only matters involving extreme urgency, to be decided by the Presiding Judge designated for the purposes. The person filing the petition has to send the matter in brief and the Presiding Judge considers it on the basis of prayer made by Advocate-on-Record/Party-in-person by way of a signed and verified mentioning-application containing a synopsis of extreme urgency not exceeding one page. This is the first step of efiling in Supreme Court.

In all matters involving extreme urgency for e-Filing in Supreme Court of India, the Advocate-on Record/Party-in-person is first required to file the petition/miscellaneous application, preferably through the e-filing mode available on the Supreme Court website, as per procedure elaborated at the link https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf.

MENTIONING APPLICATION FOR E-FILING IN SUPREME COURT OF INDIA:

After the e-Filing in Supreme Court of India, and upon completion of all the formalities, as per rules governing such petition/ miscellaneous application, and upon its due registration the Advocate-on-Record/Party-in-person is permitted to send separately the signed and verified mentioning-application containing a synopsis of extreme urgency not exceeding one page for the purposes of e-Filing in Supreme Court of India.

The mentioning-application for e-Filing in Supreme Court of India shall be submitted only by e-mail at the email address mention.sc@sci.nic.in. Mentioning application received by 5 PM, two days’ preceding the date of hearing shall be processed for such date. The mentioning-applications received thereafter would be processed for the next date of hearing.

The mentioning-application for the e-Filing in Supreme Court of India must inter-alia clearly contain the entire case-details as well as the contact-details of the Advocate-on-Record/Party in-person viz. e-mail ID, mobile number with alternate number etc. address stating Pin Code and Police Station with all other important and relevant particulars;

The mentioning-application for e-Filing in Supreme Court of India shall include a separate paragraph with a prayer for exemption from filing duly attested affidavit in the prevailing circumstances, together with an undertaking to the effect that physical copies of documents relied upon in the petition, deficit court fees or other charges, if any, shall be filed at the earliest. It is very important to note that the parties are not permitted to rely upon any document other than the documents filed;

For e-Filing in Supreme Court of India the mentioning-application must also contain a separate paragraph giving consent that the matter may be taken up through the video-conferencing mode.

In the mentioning-application, the Advocate-on-Record/Party-in-Person must specify as to whether he would link to the Bench by video-conferencing through own desktop/laptop/ mobile phone or would prefer to appear at the video-conference facility in the Supreme Court premises.

After the e-Filing in Supreme Court of India and upon the approval of the urgency by the Competent Authority, the case would be listed before the Bench in due course. The case will be reflected in the cause list of the court and all particulars can be verified from the website of Supreme Court.

In case the application praying for listing on grounds of extreme urgency is declined, the AOR/Party-in-Person would be intimated through e-mail. Re-mentioning of case through landline phone at the residence of the judges or otherwise will not be permitted;

In a matter, where a Senior Advocate/ Arguing Counsel is required to appear appear and conduct the hearing, the Advocate-on-Record is required to additionally indicate the contact details of the Senior Advocate/Arguing Counsel, in the mentioning application for the e-Filing in Supreme Court of India;

In a matter where the litigant seeks to view the proceedings, the Advocate-on record may additionally indicate the contact details of the litigant, in the mentioning-application for e-Filing in Supreme Court of India;

Only two appearance-links will be provided per party, together with one viewing-link that may be provided for the litigant separately; hence, it is expected that request of such links, if any, should be clearly made in the mentioning-application to enable the Registry to provide the links in time at each point, at the time of the hearing.

CONDUCT OF CASE THROUGH VIDEO CONFERENCING

After the e-Filing in Supreme Court of India, the cases are to be heard only through web-based video-conferencing system on the VIDYO platform hosted on the servers of National Data Centre of National Informatics Centre, Govt. of India. The smooth functioning of the video-conference is purely dependent upon the signal at the end of the user. It is therefore advised that parties may verify the signal strength to avoid any disruption during the hearing.

The user at the other end joining the court hearing through video conferencing has to ensure robust connectivity and bandwidth are available at their end. It is advisable to use broadband connection of minimum 2 mbps/dedicated 4G data connection, and may also ensure that no other device or application is connected to or using the bandwidth when the hearing by video-conferencing is progressing on their Vidyo-enabled computer (preferable) or mobile.

THE PROCESS OF HEARING THROUGH VIDEO CONFERENCING IN SUPREME COURT OF INDIA

Parties are required to download VIDYO DESKTOP application from the site http://ecourtvc.nic.in on their laptop or desktop on any compatible operating system. This platform is to be used for the video conferencing.

All other parties may join the video conferencing on VIDYO platform by downloading the VIDYO MOBILE application in a compatible mobile device (phone or tablet) either from https://play.google.com/store/apps/details? id=com.vidyo. VidyoClient Google Play Store (Android device) or from https://apps.apple.com/us/app/vidyomobile/id444062464 Apple APP Store(iOS device), on the same mobile number as mentioned in their contact-details in mentioning-application;

The Invitation Link for appearance and viewing, as the case may be, will be sent by the Registry to the given mobile through SMS/e-mail/WhatsApp around half-an-hour before the scheduled hearing, and parties may kindly note that each of the link so sent to any device is required to be unique and hence, parties may not share or forward such link(s) to any other device nor shall they enable others to join the hearing through video conference.

Party concerned will be advised to click on the link provided, as received on their computer or mobile device, upon which a window as depicted below in PIC 2 shall open; thereafter, the party is required to click on the “Join Conference” button.

Upon clicking the “Join Conference” button, a ‘VIDYO’ display window as depicted in PIC 3 below shall open, prompting the party to enter the display name before clicking.

“Join” button; the party is required to write his/her name with designation by prefixing item no.(of the cause list) in the space given thereafter the party is required to click on the ‘JOIN” button; PIC 2 PIC 3.

After having clicked on the ‘JOIN’ button, as in PIC 3 above, the party would join other parties in a virtual waiting room, and parties would be required to wait patiently for being joined to the virtual Court room and wait for their turn like the real court room hearing.

Upon being joined to the virtual Court room, arguing counsel shall introduce himself to the Hon’ble Bench and thereafter, shall wait for the instructions from Hon’ble Bench – on being asked, party may make submissions and on completion of the submissions, shall at once ‘mute’ the MIC of the respective device, if the Hon’ble Bench requires the party to make further submission(s), the party may then ‘unmute’ the MIC of the device and again, on completion of the submission, put the MIC on ‘mute’ mode.

Important dos and don’ts:

It is important for parties to remember to keep their MIC on ‘mute’ at all times, except when the Bench requires them to make submission(s); thus, when one party is making submissions, it is imperative that all other participants shall keep their respective MIC muted failing which the possibility of MIC catching audio feed from the speakers and creating `echo/noise disturbance’ would become very high and may disturb the video conference.

It may be noted that simultaneous submissions by more than one party at any given time should be avoided and each party may indicate requirement to speak/submit by asking for permission from Bench, by raising a hand. Once permitted by the Bench, the party shall first ‘un mute’ the MIC and thereafter make submissions.

During hearing through video-conferencing, the parties may kindly keep in mind that it is a virtual court room proceeding visible to all hence it is expected that they would not resort to any indecorous conduct or dress or comment. The party has to ensure that the proceedings by video conference are neither recorded/stored nor broadcast, in any manner whatsoever, as recording/copying/storing and/or broadcasting, by any means, of the hearings and proceedings before the Supreme Court of India are expressly prohibited.

Parties are required to stay online till the Bench concludes the hearing of their matter, thereafter the parties may disconnect from video-conference.

After the publication of the cause-list, the Registry may call any party and require to test the device or its connectivity. It is essential for the hearing of the case by video conference may be smoothly conducted;

After the publication of cause list, a WhatsApp group may be created by the Registry. The participants may raise any query related to video conferencing.

The parties may contact the mentioning Helpline Telephone Numbers 011-23381463 and 011-23111428, as per procedure mentioned through the Circular dated 07.04.2020 available on the website of Supreme Court of India.

ATTENTION: We have team of highly expert Supreme Court lawyers for all online legal services of e-filing in Supreme Court of India. Send us the details on mail for quick assessment.

Whether e filing in Supreme Court of India possible?

Yes, e-filing in Supreme Court of India is very much possible now and allowed.

How can I file a petition in Supreme Court of India?

The detailed process of e-filing in Supreme Court of India is described on the website of Supreme Court of India at the link at https://main.sci.gov.in/php/FAQ/5_6246991526434439183.pdf.

Whether hearing of case through Video Conferencing is possible now in Supreme Court of India?

Yes, after the e-filing of petition, the court can have the hearing of the court through video conferencing now.

Infamous Rape Cases in India 2020

By Team Legal Helpline India, March 23, 2020

The law related to rape cases in India 2020 explained in brief by an expert criminal lawyer for the understanding of a common man supported by some infamous rape cases in India.

Rape is an unlawful sexual activity typically involving sexual intercourse done forcibly or under threat of injury against a person’s will. Rape is a worldwide problem.

In India, Rape has been defined in Section 375 of IPC which contemplates various acts which can be termed as rape. This definition has gone several amendments and is now wider to cover various acts of rape.

Section 375 in the Indian Penal Code:

375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:

(First) — Against her will.

(Secondly) —Without her consent.

(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape .

The punishment for rape is given under Section 376 of IPC which has undergone several changes through time.

Section 376 Punishment for rape:

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever,—

(a) being a police officer commits rape—

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
Explanation 2.—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or by any other name, which is established and maintained for the reception and care of woman or children.
Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

For the understanding of a common man, Rape is when a person intentionally penetrates female’s vagina, anus or mouth with a penis, without her consent penetrates her vagina or anus with any part of the body other than a penis, or by using an object, without the person’s consent.

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without her consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.

Not all cases of sexual assault involve violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress, emotional harm and injuries which can’t be seen – all of which can take a long time to recover from. This is why we use the term ‘assault’, and treat reports just as seriously as those of violent, physical attacks.

In India, 1,27,800 rape cases are pending until 2017 and the conviction rate of rape is around 27%.

Rape is a social crime hence much hue and cry are made by society when any such case is reported. Following are some of the infamous rape cases in India which lead to serious thoughts on the rape law and many protests in the society.

SOME INFAMOUS RAPE CASES IN INDIA 2020:

November 1973: Aruna Shanbaug, a 26-year-old nurse in a Mumbai hospital, was attacked and raped by a ward attendant during her night shift by one Sohanlal Bhartha Walmiki, who sodomized and strangled her brutally leaving her in a coma. He was arrested and convicted but the victim Aruna Shanbaug remained in a vegetative state for more than 40 years and died in 2015.

1990: Hetal Parekh, a 14-year-old schoolgirl, was raped and murdered by one Dhananjoy Chatterjee in Kolkata. He was sentenced to death and hung in 2004. The case raised a lot of protests in society and remains in the minds of the people to date.

1995: Bhanwari Devi, who worked with the Women’s Development Project in Rajasthan, in 1992 was raped but the accused persons were freed by the court. This matter raised hue and cry and subsequently, a petition is filed in the Supreme Court, which leads to the Vishaka Guidelines being put into place, to protect women against sexual harassment at the workplace.

1996: Priyadarshini Mattoo was found raped and strangled in her Delhi flat. Santosh Kumar Singh, a fellow law student, and son of a former senior police officer were sentenced to death, after being initially acquitted due to a lack of evidence and then re-tried following a public outcry.

Dec. 2012: Nirbhaya, a 23-year-old student is beaten and gang-raped on a moving bus in the capital New Delhi and later dies of her injuries. Five men and a juvenile are arrested – four of the men have been sentenced to death and one hanged himself during the trial. The juvenile was freed after completing three years in a reform home. All the convicts were hanged on 20/3/2020 at Tihar jail. This rape crime sparked large-scale protests in India and serious discussions on rape laws as a result of which rape law was amended and fast track cases were established.

Jan. 2018: An 8-year-old Muslim girl is drugged, held captive in a temple and sexually assaulted for a week before being strangled and battered to death with a stone in Kathua in Jammu and Kashmir raising serious political, religious and social issues. Six men, including a Hindu priest and three police officers, were convicted of the crime. Three were given life sentences.

Jul. 2018: Eighteen men are charged in Chennai with repeatedly raping a 12-year-old girl over a seven-month period, sedating her with drugs and then taking her to vacant apartments in the block to assault her.

Oct. 2018: Catholic bishop Franco Mulakkal is arrested in Kerala after a nun accuses him of raping her repeatedly over two years. He has denied the charges.

July 2019: A young woman who accused Uttar Pradesh Legislator Kuldeep Singh Sengar of raping her in 2017 subsequently she and her lawyer were critically injured in a highway collision when a truck hit the car in which they were traveling. Sengar was subsequently convicted by the court.

Nov. 28, 2019: The charred remains of the veterinarian are found under a flyover near Hyderabad. Four men are arrested on suspicion of gang-rape and murder and were subsequently killed in an encounter when they were trying to escape from police custody.

Dec 5, 2019: A 23-year-old rape victim is set ablaze by a gang of men, including the alleged rapist, as she made her way to court to attend a hearing in the case, in Unnao district of Uttar Pradesh, police said.

Discussion on Rape laws in India 2020

The official data related to rape is compiled by the National Crime Records Bureau by the Indian Government. As most of the rape cases go unreported, the actual number of rape cases happening can not be determined but the records of the reported cases of rape show an increase in rape cases in recent times.

This can be due to the reason that the cases are reported to the police now with the strengthening of the law and order and social awareness.

A notable step by the law government is the creation of the National Database on Sexual Offenders (NDSO). It was launched on September 20, 2018, launched the National Database on Sexual Offenders (NDSO). The database contains entries of offenders convicted under charges of rape, gang rape, POCSO, and eve-teasing.

The portal as of now contains 440,000 entries of cases that have been reported since 2008. It’s managed by the National Crime Records Bureau. The database is accessible only to law enforcement agencies for investigation and monitoring purposes.

The rape laws in India 2020 are thus now stringent and effective keeping in view the various cultural and social communities but the paradox is its prosecution which has gone down since last several years thus indicating that more cases are registered but fewer cases being prosecuted. The policymakers need special attention to this aspect as it is indicative of some trend that needs to be deciphered.

Read Our Latest Blog Posts –

Transfer of cases in supremecourtMarch 5, 2022
Supreme Court Transfer CaseNovember 3, 2021
Registration of FIROctober 22, 2021
Online Mutual Divorce Lawyer IndiaJune 9, 2021
Online Mutual Divorce – Complete GuideJune 3, 2021
Online Divorce Process Lawyer in IndiaJune 1, 2021

Consumer Courts Delhi

By Team Legal Helpline India, January 19, 2020

A detailed write up about consumer courts Delhi with details of their jurisdiction and are covered under the consumer courts Delhi.

ATTENTION: We provide all legal services for consumer courts Delhi cases. Online legal services by expert consumer courts Delhi lawyers with quick and easy solution to all complex consumer problems.
Please mail the facts and documents for a quick assessment.

Brief on Consumer Courts Delhi

Consumer Courts Delhi has been created under The Consumer Protection Act for redressing consumer’s grievances and protecting their rights and for creating consumer awareness and also for developing a strong consumer protection movement in Delhi.

The Consumer Protection Act, 1986 (68 of 1986) has been enacted to protect consumer’s interest.

The provisions of the Act are compensatory in nature. The Act intends to provide simple, speedy and inexpensive redressal of consumer’s grievances by establishing a three-tier forum, popularly known as Consumer Court’s:

Ist Tier of Consumer Courts Delhi:
District Forum – for claims upto Rs.20 lakhs.
II Tier of Consumer Courts Delhi:

State Commission for Redressal of Consumer Grievances – for claims above Rs.20 lakhs and up to 1 Crore and appeals against orders of district fora.

III Tier of Consumer Courts Delhi:

NationalCommission for Redressal of Consumer Grievances – for claims above 1Crore and appeals against orders of State Commission.

The complaints relating to following consumer grievances can be made before the Consumer Courts Delhi related to the following subjects which can be unfair business practice or unfair trade practice or deficiency of goods or services to a consumer.

The types of cases can be on any of the following subjects:

Any unfair trade practice or restrictive trade practice adopted by the trader.
Defective goods.
Deficiency in service.
The excess price charged by the trader.
Sale of unsafe goods, which are hazardous to life and safety when used.

Consumer Courts Delhi is located in several parts of the city and can grant the following reliefs based on the nature of the complaint and the terms and conditions contained therein. The subject matter on which the consumer courts Delhi can deal with and pass orders are broadly categorized as under:

Repair of defective goods.
Replacement of defective goods.
Refund of the price paid for the defective goods or services.
Removal of deficiency in service.
Refund of extra money charged.
Withdrawal of goods hazardous to life and safety.
Compensation for the loss or injury suffered by a consumer due to negligence of the opposite party.
Adequate cost of filing and pursuing the complaint.

The jurisdiction of the consumer courts Delhi

The jurisdiction of the consumer courts Delhi is mainly territorial and based on the division of the Delhi into various land revenue and police districts.

The concerned police station where the complainant resides or has purchased the goods and services determines the jurisdiction of the consumer courts Delhi.

A list of the police stations covered under the jurisdiction of the respective consumer court is given hereunder for ready reference and for determination of the jurisdiction of the consumer courts Delhi.

Locate the Consumer Courts Delhi:

SN	CONSUMER COURT ADDRESS	JURISDICTION – POLICE STATIONS WISE
1.	NORTH TIS HAZARI, DELHI ROOM NOS. – 2 & 3, OLD CIVIL SUPPLIES BLDG.	KAMLA MARKET, DARYA GANJ, CIVIL LINES, TIMARPUR, ROOP NAGAR, MAURICE NAGAR, SUBZI MANDI, GULABI BAGH, PRATAP NAGAR, SARAI ROHILLA, BARA HINDU RAO, SADAR BAZAR, KASHMERE GATE, KOTWALI, LAHORE GATE, TOWN HALL (CHANDNI CHOWK), AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
2.	SOUTH C-22 & 23, UDYOG SADAN, QUTUB INSTITUTIONAL AREA, BEHIND QUTUB HOTEL, MEHRAULI, DELHI.	PARLIAMENT STREET, MANDIR MARG, TILAK MARG, CHANAKYA PURI, TUGLAK ROAD, HAUZ KHAS, MALVIYA NAGAR, MAHRAULI, DEFENCE COLONY, LODHI COLONY, KOTLA MUBARAKPUR, LAJPAT NAGAR, SRINIWASPURI, HAZARAT NIZAMUDDIN, GREATER KAILASH, CHITTARANJAN PARK, AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
3.	WEST C-BLOCK, COMMUNITY CENTRE, PANKHA ROAD, JANAK PURI, NEW DELHI.	PATEL NAGAR, ANAND PARBAT, MOTI NAGAR, TILAK NAGAR, JANAK PURI, VIKAS PURI, PUNJABI BAGH, PASCHIM VIHAR, NANGLOI, RAJOURI GARDEN, HARI NAGAR, KIRTI NAGAR, AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
4.	NORTH-EAST BUNKER VIHAR COMPLEX (WEAVERS COMPLEX), NAND NAGRI, DELHI.	SEELAMPUR, GOKALPURI, BHAJANPURA, WELCOME COLONY, NEW USMANPUR, KHAJURI KHAS, DILSHAD GARDEN, MAANSAROVER PARK, SEEMAPURI, NAND NAGARI, AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
5.	NORTH-WEST CONVENIENT SHOPPING CENTRE, BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI.	SULTANPURI, MANGOLPURI KANJAHANWALA, ASHOK VIHAR, SARASWATI VIHAR, KESHAV PURAM SHALIMAR BAGH, JAHANGIR PURI, ROHINI, NARELA, SAMALPUR BADLI, ALIPUR, MUKHERJEE NAGAR, ADARSH NAGAR, MODEL TOWN, BAWANA, PARSHANT VIHAR, AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
6.	NEW DELHI IST FLOOR ‘M’ BLOCK VIKASH BHAWAN I.T.O NEW DELHI-110002	CONNAUGHT PLACE AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
7.	SOUTH-WEST FIRST FLOOR PANDIT DEEP CHAND SHARMA SAHKAAR BHAWAN, SEC-20 PHASE -1 DWARIKA-NEW DELHI 110077	VASANT VIHAR, VASANT KUNJ, R.K.PURAM, SAROJNI NAGAR, VINAY NAGAR, DELHI CANTT., DABRI, NARAINA, MAYAPURI, INDERPURI, NAJAFGARH, JAFFARPUR KALAN, DWARKA, KAPASHERA, AMBEDKAR NAGAR, GREATER KAILASH, SARITA VIHAR & OKHLA AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE
8.	CENTRAL MEZZANINE FLOOR, ISBT, KASHMERE GATE, DELHI	CHANDNI MAHAL, JAMA MASJID, HAUZ QUASI, I.P. ESTATE, PAHAR GANJ, D.B.G. ROAD, NABI KARIM, KAROL BAGH, PRASAD NAGAR, RAJINDER NAGAR. AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.
9.	EAST CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE, DELHI.	KALYANPURI, MANDWALI PARSH BAZAR, ASHOK NAGAR, MAYUR VIHAR, TRILOKPURI, VIVEK VIHAR, ANAND VIHAR, PREET VIHAR, SHAKARPUR, GANDHI NAGAR, KRISHNA NAGAR, GEETA COLONY AND ANY OTHER POLICE STATION WHICH MAY BE CREATING IN FUTURE
10.	SOUTH- II C-22 & 23, UDYOG SADAN, QUTUB INSTITUTIONAL AREA, BEHIND QUTUB HOTEL, EHRAULI, DELHI.	CHITRANJAN PARK, AMBEDKAR NAGAR, KALKAJI, BADARPUR, NEW FRIENDS COLONY, SANJOM VIHAR, AND ANY OTHER POLICE STATION WHICH MAY BE CREATED IN FUTURE.

NOTE: We have experts for online legal services who can provide you quick, easy and valuable online legal services at nominal costs. Please forward a statement of facts and the supporting documents for a quick response.

Transfer of cases in supremecourtMarch 5, 2022
Supreme Court Transfer CaseNovember 3, 2021
Registration of FIROctober 22, 2021
Online Mutual Divorce Lawyer IndiaJune 9, 2021
Online Mutual Divorce – Complete GuideJune 3, 2021
Online Divorce Process Lawyer in IndiaJune 1, 2021

Consumer Case against defective goods

By Team Legal Helpline India, January 12, 2020

ATTENTION: Online legal services for consumer cases and consumer complaints by expert lawyers. Send all documents with brief facts to us, we will evaluate and get back.

Consumer Case against defective goods

Consumer cases or a consumer complaint can be filed against defective goods or services by a consumer. The law related to Consumer cases has been defined under the Consumer Protection Act.

The Consumer Protection Act has been amended in 2019 thereby incorporating several important aspects.

The Consumer Disputes Act is now more specific, powerful incorporating all the important aspects of consumer interest in a more comprehensive manner.

Any consumer case or consumer complaint can only be filed in accordance with the mandate provided therein.

Consumer Protection Act provides for the determination and adjudication of the consumer case or the consumer complaint at three lawyers depending upon the value of the goods or services under dispute.

The District Consumer Redressal Commission being at the first layer is created and constituted under Section 28 ( 1) of the Consumer Protection Act which reads as under:

Consumer Dispute Redressal Commission at District Level

28. (1) The State Government shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State:

Provided that the State Government may, if it deems fit, establish more than one District Commission in a district.

(2) Each District Commission shall consist of

(a) a President; and

(b) not less than two and not more than a such number of members as may be prescribed, in consultation with the Central Government.

Section 34 of the Consumer Protection Act defines the jurisdiction, power and authority of the District Consumer Commission which mainly determines the value of the goods and services for which the Consumer Complaint can be filed as one Crore.

The Consumer Protection Act further determines the jurisdiction of the consumer courts and other related aspects of the matter.

The process and provision of filing the consumer complaint are thus prescribed under this section. Section 34 can be read for ready reference as under:

34. (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:

Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.

(2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(d) the complainant resides or personally works for gain.

(3) The District Commission shall ordinarily function in the district headquarters and may perform its functions at such other places in the district, as the State Government may, in consultation with the State Commission, notify in the Official Gazette from time to time.

35. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by

(a) the consumer,

(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or

(ii) who alleges unfair trade practice in respect of such goods or service;

(b) any recognized consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;

(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested; or

(d) the Central Government, the Central Authority or the State Government, as the case may be:

Provided that the complaint under this subsection may be filed electronically in such a manner as may be prescribed.

Explanation. For the purposes of this sub-section, “recognized consumer association” means any voluntary consumer association registered under any law for the time being in force.

(2) Every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed.

36. (1) Every proceeding before the District Commission shall be conducted by the

President of that Commission and at least one member thereof, sitting together:

Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.

(2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint about being proceeded with or reject the same:

Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:

Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed.

(3) Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted.

Provisions for settlement by way of mediation has also been made in the Consumer Protection Act if a consumer case or consumer complaint is filed by a consumer. This is intended to reduce the long drawn litigation on various issues. The entire mechanism for handing the consumer case or the consumer complaint before mediation has been described in Section 37 which reads as under:

37. (1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exist elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.

(2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply.

Comprehensive provision for determination and adjudication of the consumer case has been given thereafter in Section 38 of the Consumer Protection Act.

The process is similar to other courts like the determination of any dispute, however, the Consumer case being a specific matter related to the dispute of quality of services or deficiency of services or defective goods, etc needs a specialized manner of dealing hence the same is prescribed in this section. Section 38 of the Consumer Protection Act reads as under:

38. (1) The District Commission shall, on the admission of a complaint, or in respect of cases referred for mediation on the failure of settlement by mediation, proceed with such complaint.

(2) Where the complaint relates to any goods, the District Commission shall,

(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it;

(b) if the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);

(c) if the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it;

(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), require the complainant to deposit to the credit of the Commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;

(e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along with such remarks as it may feel appropriate to the opposite party;

(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory;

(g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 39.

(3) The District Commission shall, if the complaint admitted by it under sub-section (2) of section 36 relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,

(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission;

(b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute

(i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or

(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission;

(4) For the purposes of sub-sections (2) and (3), the District Commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order.

(5) No proceedings complying with the procedure laid down in sub-sections (1) and

(2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with.

(6) Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record:

Provided that where an application is made for hearing or for the examination of parties in person or through video conferencing, the District Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same.

(7) Every complaint shall be disposed of as expeditiously as possible and endeavor shall be made to decide the complaint within a period of three months from the date of receipt of notice by an opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:

Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficient cause is shown and the reasons for the grant of adjournment have been recorded in writing by the Commission:

Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations:

Provided also that in the event of a complaint being disposed of after the period so specified, the District Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint.

(8) Where during the pendency of any proceeding before the District Commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.

(9) For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:

(a) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(b) requiring the discovery and production of any document or another material object as evidence;

(d) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

(e) issuing of commissions for the examination of any witness, or document; and

(f) any other matter which may be prescribed by the Central Government.

(10) Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

(11) Where the complainant is a consumer referred to in sub-clause (v) of clause (5) of section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure,

1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Commission thereon.

(12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.

Further, the Consumer Commission has been specifically empowered to pass orders if the consumer case or the consumer complaint is decided in favor of the consumer and the allegations as made by him are found to be correct.

The outcome of the consumer case or the consumer complaint thus can be in the manner prescribed under the provisions contained in the Consumer Protection Act.

This is all contained in Section 39 of the Consumer Protection Act. Section 39 of the Consumer Disputes Act is given hereunder for ready reference as under:

39. (1) Where the District Commission is satisfied that the goods complained against suffering from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing him to do one or more of the following, namely:—

(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;

(b) to replace the goods with new goods of similar description which shall be free from any defect;

(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided;

(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party:

Provided that the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit;

(e) to pay such amount as may be awarded by it as compensation in a product liability action under Chapter VI;

(f) to remove the defects in goods or deficiencies in the services in question;

(g) to discontinue the unfair trade practice or restrictive trade practice and not to repeat them;

(h) not to offer hazardous or unsafe goods for sale;

(i) to withdraw the hazardous goods from being offered for sale;

(j) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

(k) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:

Provided that the minimum amount of sum so payable shall not be less than twenty-five percent. of the value of such defective goods sold or service provided, as the case may be, to such consumers;

(l) to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;

(m) to provide for adequate costs to parties; and

(n) to cease and desist from issuing any misleading advertisement.

(2) Any amount obtained under sub-section (1) shall be credited to such fund and utilized in such manner as may be prescribed.

(3) In any proceeding conducted by the President and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission:

Provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference.

(4) Every order made by the District Commission under sub-section (1) shall be signed by the President and the member who conducted the proceeding:

Provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member.

40. The District Commission shall have the power to review any of the orders passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.

Looking at all the aspects of the Consumer case, we find that the interest of the consumer has been protected under this legislation and the entire process has been simplified and made easy so that any person can approach the consumer court and file a consumer case at his own level. The process has been simplified by the legislature for filing a consumer complaint in the interest of a consumer looking at the social aspect of the legislation.

IMPORTANT:

We provide all services of legal advice, drafting, and filing of the consumer complaint or consumer case. Please email all the relevant documents along with the facts.

We also provide online legal services by a team of expert legal brains.

Transfer of cases in supremecourtMarch 5, 2022
Supreme Court Transfer CaseNovember 3, 2021
Registration of FIROctober 22, 2021
Online Mutual Divorce Lawyer IndiaJune 9, 2021
Online Mutual Divorce – Complete GuideJune 3, 2021
Online Divorce Process Lawyer in IndiaJune 1, 2021

How to get Indian Citizenship? Explained

By Team Legal Helpline India, December 27, 2019

How to get Indian Citizenship explained in brief by our legal expert? The process of how to get Indian citizenship is described under the Indian Citizenship Act 1955 as amended update and the rules framed thereunder.

Online legal advice on nominal charges on how to get Indian Citizenship.
Legal HelpLine India

How to get Indian Citizenship?

They have been duly published and mandated by the Foreigners Division of Ministry of External Affairs for the convenience of the people to know how to get Indian Citizenship.

Before knowing more details about how to get Indian Citizenship, it is very important to know who is Indian Citizen and what are the benefits of being an Indian Citizen.

As per the Indian Citizenship Act, 1955 the following categories of persons are Indian Citizen:

1. By Birth ( Section 3 of the Indian Citizenship Act, 1955):

i. All persons residing in India and born in India on or before 26 November 1949 were treated as Indian citizens at the time of commencement of the Indian Constitution and the migrants from Pakistan after the partition of the country in 1947 were also given the same status.

ii. Every person born in India on or after the 26.01.1950 but before 01.07.1987 is a citizen of India by birth irrespective of the nationality of his/her parents.

iii. Every person born in India between 01.07.1987 to 02.12.2004 is a citizen of India provided either of his/her parents is a citizen of India at the time of his/ her birth.

iv. Every person born in India on or after 03.12.2004, shall be a citizen of India provided both of his/her parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his/ her birth

2. By Registration (section 5):

i. Citizenship of India by registration can be acquired by any person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; or

ii. A person of Indian origin who is ordinarily resident in any country or place outside undivided India; or

iii. A person who is married to a citizen of India and is ordinarily resident of India for seven years before making an application for registration;

iv. Minor children of persons who are citizens of India; or

v. A person of full age and capacity whose parents are registered as citizens of India section 5(1) (a) of this subsection or subsection (1) of section 6; or

vi. A person of full age and capacity who, or either of his/ her parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration; or

vii. A person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration

3. By Naturalization (section 6):

Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfills other qualifications as specified in third schedule to the Act, 1955.

Steps to get Indian Citizenship

Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident.

The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms.

The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days.

The State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.

Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956.

If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration.

Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration.

Each applicant whose case is found to be eligible after scrutiny of the application is informed about the acceptance of his application through the State Government.

The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V.

Finally, a certificate of Indian citizenship is issued to the applicant through the State Government and he acquires the citizenship of India.

How to get Indian Citizenship by Naturalization?

Citizenship of India by naturalization can be acquired by a foreigner who is not an illegal migrant and who is ordinarily resident in India for twelve years. The application can be made only after the said person has resided in Indian for twelve months.

The details of the qualifications are specified in the Third Schedule to the Act. The application shall be made in Form-XII as prescribed under the Indian Citizenship Act, 1955.

New Citizenship Law 2020 Explained

By Team Legal Helpline India, December 16, 2019

A brief write up on the New Citizenship Law and the New Citizenship Bill 2019 by our legal experts.

Before knowing the New Citizenship Law and the New Citizenship Bill 2019, we should know that The Citizenship Act, 1955 (57 of 1955) was enacted to provide for the acquisition and determination of Indian citizenship.

This Act determines as well as regulates the status of a person coming to India to seek citizenship under any circumstances.

This Act has been amended several times to accommodate the then prevailing problems related to the acquisition of Indian Citizenship. The New Citizenship Law is a dynamic step towards the improvement of the same in the present context.

The New Citizenship Bill 2019 has been passed to incorporate all such requirements of the country.

ISSUE OF MIGRATION: New Citizenship Law

It is a historically established fact that trans-border migration of the population has been happening continuously between the territories of India and the areas presently comprised in Pakistan, Afghanistan and Bangladesh.

Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947.

The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific State religion as the religion of their country. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries.

Some of the non-Islamic religions also have fears about such persecution in their day-to-day life in those countries were the right to practice, profess and propagate their religion has been obstructed and restricted.

Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents.

The New Citizenship Law is an attempt to address this problem and to handle the situation.

Under the existing provisions of the Act, migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered into India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian citizenship under section 5 or section 6 of the Act.

The said persons can be even prosecuted or ousted from India on legal grounds which may compound their sufferings. The new citizenship bill 2019 aims to reduce their sufferings and uncertainties.

The Benefits of New Citizenship Law 2019

Earlier taking into consideration the aforesaid facts, the Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder vide notifications, dated 07.09.2015 and dated 18.07.2016.

Subsequently, the Central Government also made them eligible for long term visa to stay in India, vide, orders dated 08.01.2016 and 14.09.2016. Now, it is proposed to make the said migrants eligible for Indian Citizenship under the New Citizenship Law.

Under the New Citizenship Law, the illegal migrants who have entered into India up to the cut of date of 31.12.2014 need a special regime to govern their citizenship matters.

For this purpose, the Central Government or an authority specified by it shall grant the certificate of registration or certificate of naturalization subject to such conditions, restrictions and manner as may be prescribed. Since many of them have entered into India long back, they may be given the citizenship of India from the date of their entry in India if they fulfill conditions for Indian citizenship specified in section 5 or the qualifications for the naturalization under the provisions of the Third Schedule to the Act.

The New Citizenship Law further seeks to grant immunity to the migrant of the aforesaid Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities so that any proceedings against them regarding in respect of their status of migration or citizenship does not bar them from applying for Indian citizenship.

The competent authority, to be prescribed under the Act, shall not take into account any proceedings initiated against such persons regarding their status as illegal migrant or their citizenship matter while considering their application under section 5 or section 6 of the Act, if they fulfill all the conditions for grant of citizenship.

Several persons of Indian origin including persons belonging to the said minority communities from the aforesaid countries have been applying for citizenship under section 5 of the Citizenship Act, 1955 but they are unable to produce proof of their Indian origin.

Hence, they are forced to apply for citizenship by naturalization under section 6 of the said Act, which, inter alia, prescribe twelve years residency as a qualification for naturalization in terms of the Third Schedule to the Act.

This denies them many opportunities and advantages that may accrue only to the citizens of India, even though they are likely to stay in India permanently.

Therefore, it is proposed to amend the Third Schedule to the Act to make applicants belonging to the said communities from the aforesaid countries eligible for citizenship by naturalization if they can establish their residency in India for five years instead of the existing eleven years.

The New Citizenship Law is a positive and progressive step towards this direction which will provide valuable rights to such persons.

About Overseas Citizens –

At present, there is no specific provision in section 7D of the Act to cancel the registration of Overseas Citizen of India Cardholder who violates any provisions of the Act or any other law for the time being in force. It is also proposed to amend the said section 7D under the New Citizenship Law so as to empower the Central Government to cancel registration as Overseas Citizen of India Cardholder in case of violation of any provisions of the Act or any other law for the time being in force.

Since there is no specific provision in the Act at present to provide an opportunity of being heard to the Overseas Citizen of India Cardholder before cancellation of the Overseas Citizen of India Card under section 7D, it is proposed to provide the opportunity of being heard to the Overseas Citizen of India Cardholder before the cancellation of the Overseas Citizen of India Card under the New Citizenship Law.

The New Citizenship Law of 2019 further seeks to protect the constitutional guarantee given to indigenous populations of North Eastern States covered under the Sixth Schedule to the Constitution and the statutory protection given to areas covered under “The Inner Line” system of the Bengal Eastern Frontier Regulation, 1873.

The New Citizenship Law also being a dynamic step by the Government of India to deal with the influx of the prosecuted people from neighboring countries on the grounds of their religion is a bold and effective step towards safeguarding and regulating the religious refugees by way of better legislation.

Pro Bono Lawyer Supreme Court India

By Team Legal Helpline India, December 1, 2019

Pro Bono lawyer Supreme Court of India is a lawyer who takes up cases before the Supreme Court of India “not for profit”. It can be due to his commitment to help the poor or marginalized people or to affect social change through his pro bono actions.

A brief write up explaining the pro bono lawyer services in the Supreme Court of India.

ATTENTION: We have a strong team of Lawyer for PIL in Supreme Court. Please send the documents alongwith a brief note on our mail.

Pro Bono lawyer Supreme Court of India

As we know, the Supreme Court of India is the apex court of the country. All the cases decided by the Supreme Court of India attain finality by all means and there is no scope for any change in the legal position after the decision of the case by the Supreme Court of India. It is thus very important to put up the matters before the Supreme Court of India in the best possible manner to seek the desired results in the process.

The people who do not have enough resources often approach a Probono lawyer supreme court India for taking up their cases and do the needful in the matter on their behalf. The duties of the Pro Bono lawyer supreme court India are to take the case pro bono and to draft and file the same before the Supreme Court of India either in form of a PIL or any other form in accordance with the law.

Pro Bono lawyer supreme court India generally refers to legal practices or legal actions undertaken to help poor or marginalized people or to effect change in social policies in the public interest, on ‘not for profit’ terms (pro bono public).

In general terms, it means a legal action initiated in the court of law for the protection of Public Interest. Pro Bono lawyer supreme court India chooses to serve the poor people Instead of serving powerful economic interests, it stands for the advocacy of otherwise under-represented or vulnerable individuals, especially those living in poverty.

It has grown to encompass a broader range of activities, typically the field of non-lawyers like civil rights, civil liberties, women’s rights, consumer rights, environmental protection, and so on. Nevertheless, a common interest for public-interest lawyers in a growing number of countries remains “fighting for the little guy”. Pro Bono lawyer supreme court India thus renders a valuable service to the society through his commitments.

The concept of PIL and services of pro bono lawyer supreme court of India:

“Public Interest Litigation” or PIL since its inception in the Indian judicial system, has shown some good examples of safeguarding the rights of the people of India and has strengthened the position of the Supreme Court of India as guardian of Fundamental Rights enumerated in the Indian Constitution.

PIL has also enabled the Supreme Court to be the real watchdog of the Indian democracy, upholding the Constitutional mandate and remodifying the wrongs. PIL in Supreme Court of India was introduced in India around 1979-80 by the Supreme Court judges, Justice V. R. Krishna Iyer along with Justice P. N. Bhagwati. Since then there had been instances when the Courts are keen to decide the matters of public importance without delay, as the case in Shyam Sundar where the court accepted the matter even when the application was made by a letter sent through the post.

The concept of Public Interest Litigation (PIL) is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. A Pro Bono lawyer supreme court India

Utilizes this provision of the Constitution of India to take up the matter in public interest for the person who is not represented before the court in any other manner.

Earlier, only the aggrieved party could approach the courts for justice. After the emergency era, the high court reached out to the people, devising a means for any person of the public (or an NGO) to approach the court seeking legal remedy in cases where the public interest is at stake.

Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court filed by Probono lawyer supreme court India.

Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.

Some of the important parameters for the PIL before Supreme Court of India is that the person who is filing the petition must not have any personal interest in the litigation, PIL is accepted by the court only if there is the interest of large public involved. Generally, this petition is filed by a public-spirited person or organization, through a Pro Bono lawyer supreme court India.

The grounds of PIL before the Supreme Court of India are mainly constitutional if it was felt that certain interests are undermined by the government; in such a situation, the court directly accepts the public interest litigation. It is a new legal horizon in which a court can initiate and enforce action to serve and secure significant Public Interest Litigation.

Importance of PIL and Probono lawyer supreme court India

Public interest litigation gives a wider description to the right to equality, life and personality which is guaranteed under Part III of the Constitution of India.

It also functions as an effective instrument for changes in society or social welfare. Through public interest litigation, any public or person can seek remedy on behalf of the oppressed class by introducing a PIL.

The ambit and scope of PIL widen as the same can be also filed against any of the arbitrary or unconstitutional orders of the state or against inaction by the State on any important issue affecting the public at large. Pro Bono lawyer supreme court India is the person who becomes a catalyst for the change to bring equality to the persons who deserve it.

Pro Bono lawyer supreme court India has to be very diligent and effective in presenting the case before the Supreme Court of India which relates to safeguarding the interests of the marginalized and poor people.

IMPORTANT:

We have in house strong team of Probono lawyer supreme court India for genuine services to deserving people. Please forward all the supportive documents along with a brief note so that we can depute our team to work on it.

Transfer of cases in supremecourtMarch 5, 2022
Supreme Court Transfer CaseNovember 3, 2021
Registration of FIROctober 22, 2021
Online Mutual Divorce Lawyer IndiaJune 9, 2021
Online Mutual Divorce – Complete GuideJune 3, 2021
Online Divorce Process Lawyer in IndiaJune 1, 2021

What is pro bono legal service?

Pro bono legal service is a legal service rendered by an advocate without professional charges in the interest of justice.

Who can take pro bono legal services?

Any citizen, who has raised a question of public importance or without his personal interest can avail pro bono legal services.

How to get Pro Bono Lawyer Supreme Court India

You can mail the brief facts and the legal grounds raised by you, we will scrutinize it and depute a pro bono lawyer if found to be valid cause.

Any charges to be paid for the case?

Generally the filing and stationary charges are claimed for pro bono legal services by us.

Fundamental rights under the Constitution by Expert Indian lawyers

By Team Legal Helpline India, October 31, 2019

A brief write up on fundamental rights under the Indian Constitution by our expert Indian lawyers. We have in house team of expert Indian lawyers to advise on all Constitutional matters related to enforcement of fundamental rights under the Indian Constitution. Advice on writ remedies and related subjects.

Online legal Services by expert Indian lawyers

Fundamental rights under the Indian Constitution are the most important and valuable rights guaranteed to the Indian citizen which are considered the basic rights of a democracy. One of the most important fundamental rights under the Indian Constitution is enshrined under Article 19 which grants various freedoms to the citizen of the country. The article includes the following rights:

Freedom of speech and expression.
Freedom to assemble peacefully without arms.
The Freedom to form associations or unions.
Freedom to move freely throughout the territory of India.
Freedom to reside and settle in any part of the territory of India.
The Freedom to practice any profession or to carry on any occupation, trade or business.

Article 19 doesn’t confer an absolute or unlimited right, the clauses 2 to 6 of Article 19 empowers the State to impose “reasonable restrictions on the exercise of this right by enacting proper legislation” in the interest of the sovereignty and integrity of India.

It is necessary that the restrictions imposed by law must be reasonable and not arbitrary or of excessive nature and the onus of proving them is to the satisfaction of the court lies with the State. The restriction must strike a proper balance between the freedoms guaranteed under Article 19(1) and the social control permitted by clause (2) to (6) of Article 19.

We can however safely say that Article 19 is the most important fundamental rights under the Indian Constitution as it relates to the life and liberty of the citizen.

Freedom of Speech and Expression as Fundamental rights under the Indian Constitution

Article 19 (1) (a) guarantees freedom of speech and expression. This means every citizen is free to express his views, doubts, beliefs, convictions and opinions freely without inhibition through any mode of writing, printing, visualizing or through any mode of communication or speech.

This expression also comprises publicity, publication and right to information. Therefore freedom of press & media is also included in it. The freedom of speech end expression not only includes liberty to propagate one’s views, ideas, opinions and thoughts but also includes the right to propagate and circulate their views in front of public. The article also includes respecting dignity & integrity by including the “right to keep silence for the honor & homage given to the nation.

Reasonable limits or restriction can be imposed on the exercise of the right to freedom of speech under Article 19(2) in the interest or on the grounds of

Security of the State
Friendly relations with Foreign Countries
Public Order
Decency and morality
Contempt of Court
Defamation
Incitement to Offence
Sovereignty and Integrity of India.

FREEDOM TO ASSEMBLE AS FUNDAMENTAL RIGHTS UNDER INDIAN CONSTITUTION:

Article 19(1) (b) guarantees to all citizens of India, the right to assemble peacefully and without arms. This consequentially leads to the conferment of the Right to hold public meetings and demonstrations and take out processions peacefully. This right is, however, subject to the following restrictions.

(i) The assembly must be peaceful

(ii) It must be unarmed

(iii) Reasonable restrictions can be imposed under Article 19(3) on the right by the State in the interest of the sovereignty and integrity of India or public order.

FREEDOM OF ASSOCIATION by Expert Indian Lawyers

Article 19(1) (c) secures to all citizens to form associations and unions for pursuing lawful purposes. The associations formed would include political parties societies, clubs, companies, organizations, trade unions, etc.

The right to form association can be restricted only in the interest of public order or public morality. No association or union can be formed for any illegal or conspiratory purposes.

FREEDOM OF MOVEMENT AND RESIDENCE UNDER THE INDIAN CONSTITUTION:

The right for every citizen of India to move freely throughout the territory of India and to reside and settle in any part of the territory guaranteed under Article 19 (1) (d) and 19 (1) (e) which are really inter-linked.

Article 19 (5) provides reasonable restrictions “in the interest of the general public or for the protection of interests of any scheduled tribe’’. The objective of the clause is to remove “internal barriers within India or any of its parts”.

FREEDOM OF PROFESSION, OCCUPATION, TRADE OR BUSINESS

Article 19 (1) (g) provides that every citizen of India has the right to practice any profession, occupation. The right to carry any trade or business also includes the “freedom of closure” of such business or trade at any given point of time but for reasonable causes. No citizen can be compelled to carry it against his own wish and will under Article 19(6).

However, it can be restricted and regulated by the authority at law, therefore, State has the liberty to put reasonable restrictions on the exercise of this right for the interest of the general public and also prescribe necessary qualifications either professional or technical for practicing any particular profession. The state has the power to create a monopoly in its favor in any trade or business. But such action must be reasonable and not discriminatory.

The violation of any of the above fundamental rights under the Indian Constitution is considered as a violation of the fundamental rights of a citizen. The remedy for the enforcement of the fundamental rights under the Indian Constitution is Writ as enshrined under Article 32 of the Constitution of India to be enforced by the Supreme Court and Article 226 of the Constitution of India to be enforced by High Court.

A brief understanding of the issuance of writs for the enforcement of fundamental rights under the Indian Constitution is as under:

Mandamus: It is a writ of direction or commands to be issued by the court when any public authority is not acting. It is a writ against the inactivity of any wing of the State

Certiorari: When any administrative, judicial or quashi judicial authority has acted in contravention of law or perversely then such writ is issued for the enforcement of the fundamental rights under the Indian Constitution.

Prohibition: When any public authority is acting beyond its legal authority or powers then the affected person can approach the High Court or Supreme Court for enforcement of his fundamental rights under the Indian Constitution and seek a Prohibition from the court.

Quo Waranto: When any public authority is not appointed properly or has been appointed in violation of the rules, any person affected from the same can approach the Supreme Court or the High Court for enforcement of his fundamental rights under Indian Constitution and seek a writ of Quo Waranto directing the said public authority to show his legal authority.

Habeas Corpus: Any person for the enforcement of his fundamental rights under the Indian Constitution can approach the High Court or Supreme Court seeking the writ of Habeas Corpus when someone has been taken in illegal custody or kidnapped or vanished.

The court will issue a writ of Habeas Corpus asking the police or the person concerned to produce the body before the court which means to present the person before the court.

Divorce Settlement Agreement Explained

By Team Legal Helpline India, October 20, 2019

IMPORTANT: Drafting of Divorce Settlement Agreement by a team of expert divorce lawyers on nominal charges. Contact us with details of the dispute and partners through our contact us page

Online services for drafting of Agreements by super experts.

The divorce settlement agreement is a very important and crucial document to regulate and settle the marital discord between the couples drafted to end their relationships with clarity on all issues.

Divorce settlement agreement

The divorce settlement agreement is to be drafted at the behest of both the partners who intend to end their marriage on the basis of mutual settlement.

The divorce settlement agreement should contain all the possible points of settlement on various issued between both the spouse so that their process of parting off is completed smoothly and the remaining issues are determined very clearly for the smooth running of their respective lives after the enforcement of the Divorce settlement agreement.

It is always better to avail of the services of an expert divorce lawyer for drafting a the legal documents as the lawyer is well versed with all the existing laws on the matter.

A divorce settlement agreement is often prepared before the parties proceed for mutual divorce by consent and sit across the table to sort out all the issues of disputes between them and part with or live together under the said settlement.

It is always better to avail the services of an expert divorce lawyer who can discuss all the points and sort out the same. The role of an expert divorce lawyer is to discuss all the points in detail and to foresee the same for the future and to ascertain the role of the said points between the partners and reduce it in writing.

Important heads in a divorce settlement agreement

It is always better to discuss all the points of dispute between the parties to a mutual divorce and clarify them pointwise under various possible heads so as to rule out any dispute in the future on the issues.

The following important heads should be included in the Divorce settlement agreement broadly depending upon the facts of the case which both the parties may mutually agree:

1. All terms and conditions of mutual divorce between the parties:

All the issues of disputes need to be mentioned specifically and clarification w.r.t. those issues are given by both the parties in the divorce settlement agreement to finally extinguish all the points of dispute and related issues.

2. Child custody and visitation right:

If there are children born out of the wedlock of the couples, it should specifically deal with the issue of their custody, their maintenance and all related issues.

Although the law stipulates that the welfare of the child is of most importance hence any arrangement made in the agreement between the parents in welfare of the child should specifically deal with the issue of custody of the child keeping in view the mandate of law and the wishes of the parents. This aspect should be taken care of properly by specifically dealing on the issue.

3. Child support after divorce to be included in the Divorce Settlement Agreement:

Besides the custody of the child, other issues which are of most importance is the support of the children after divorce. All expenses of rearing the children should be specifically mentioned alongwith the responsibility of the parents.

It should be specifically mentioned that who will bear which cost and when. The issues regarding school fees, flooding, clothing, travelling, medical etc needs to be specifically mentioned in the divorce settlement agreement so as to rule out any dispute on the issue of the children.

4. Division and retention of properties/estate:

The most important aspect of any divorce agreement is settling the issues of the division of retention of properties of the partners. The tasks become more complicated if the property of the married couple is in a joint name and under bank loan.

Such a situation specifically needs a clear arrangement of paying off the EMI and transfer of the title after completion of the same.

5. Splitting of assets and other household and all other valuables:

The parting partners on the basis of mutual divorce mostly try to sort out the various issues including the assets created by them during their matrimonial life and the distribution of the same mutually between them so that no dispute on the same ever erupts or remain. Therefore Divorce Settlement Agreement is an important legal document to be drafted by an expert legal brain.

One has to avail the services of an expert divorce lawyer for drafting the Agreement and to reduce all aspects in detail so as to rule out any future dispute between the parties.

6. Streedhan to be dealt in the Divorce Settlement Agreement:

Streedhan has been specifically defined under the Indian laws and it determines that the assets of the female gifted by both sides during her marriage or during her marital life are the streedhan which solely belongs to the female and the same can not be bifurcated.

It is, therefore, most essential to determine the Streedhan and make a list or make mention of the same in the mutual divorce settlement.

7. Permanent Alimony:

This is another important aspect of matrimonial life as the earning partner mostly the husband has to make the payment of the permanent alimony to the wife which may be according to the financial status, financial capacity and customs of the parties.

A specific mention of the same needs to be mentioned in the mutual divorce settlement agreement by the parties as it regulates the entire life of both the partners and rules out any dispute in the future.

8. Clearance or repayment of debt :

The issue of clearance as well as repayment of the debt by the parting couples is a major issue now with the advancement of the society as women also own assets from their earning.

In the divorce settlement agreement, the aspect of the liability of the repayment of debt is a crucial issue and it needs to be specified in very clear terms as to who will repay the debts which is mostly by way of bank loan against some property or educational loans.

It should be clearly spelled in the divorce settlement agreement that who owns the property and who has undertaken to repay the loan or the debt and who will remain the owner of the property even after the divorce.

The services of expert divorce lawyers for the said work can be availed to rule out any controversy in the future.

9. Insurance and passport/visa subjects:

The issue of insurance and its benefits with the liability of payment of the premium on insurance is another important aspect of the divorce settlement agreement which needs to be specified in the divorce settlement.

A clear mention of all the points in this regard needs to be mentioned for a better and clear parting of the partners.

It is always advisable to avail of the services of an expert divorce lawyer for the drafting of the divorce settlement agreement who can visualize all the eventualities through his wisdom and experience.

India laws related to a mutual divorce

Section 13 B of the Hindu Marriage Act, 1955 which is applicable on Hindus, Jains, Sikhs mandates a period of separation of 1 year,
Section 28 of the Special Marriage Act, 1954 ( applicable to all marriages between parties belonging to different religions, castes, NRI’s etc) mandates a period of separation of more than one year,
Section 10 A of the Indian Divorce Act for Christian Couples mandates a period of separation of two years.

NOTE: For availing services of expert divorce lawyers online on very nominal costs, please send a mail with brief facts and supportive documents.

Transfer of cases in supremecourtMarch 5, 2022
Supreme Court Transfer CaseNovember 3, 2021
Registration of FIROctober 22, 2021
Online Mutual Divorce Lawyer IndiaJune 9, 2021
Online Mutual Divorce – Complete GuideJune 3, 2021
Online Divorce Process Lawyer in IndiaJune 1, 2021

What is a Divorce Settlement Agreement?

A Divorce Settlement Agreement is a legal document prepared before mutual divorce proceedings between husband and wife with the help of a divorce lawyer to mention all the terms and conditions of their separation.

Is the Divorce Settlement Agreement binding?

Yes, the Divorce Settlement Agreement is binding, if it has been executed in legal manner.

Who prepares the Divorce Settlement Agreement?

A divorce or a civil lawyer can prepare the Divorce Settlement Agreement.

Pro Bono lawyer for PIL in Supreme Court India

By Team Legal Helpline India, October 5, 2019

ATTENTION:

For availing the services of Pro Bono lawyer for PIL in Supreme Court India, forward us the facts, legal grounds and relevant documents on our mail, the same would be evaluated by the Pro Bono lawyer for PIL in Supreme Court India and our team will get back to you.
For online legal advice please furnish all details on mail, we will depute the expert lawyer instantly to interact on nominal professional charges.

Pro Bono lawyer for PIL in Supreme Court India

Pro Bono lawyer for PIL in Supreme Court India is the lawyer who provides the legal services at the Supreme Court of India. He provides all services of filing Public Interest Litigation or PIL as we call it before the Supreme Court of India. As the name suggests, he first of all, examines the legal grounds being raised by the petitioner in the PIL before the Supreme Court of India.

The examination and scrutiny include considering all the legal grounds, the statutory provisions and the legal provisions for the challenge of the particular provision of law for the violations being done by the government. The lawyer for PIL in Supreme Court India has a great role to determine the nature of statutory or legal violation being done and to establish the same through the constitutional provisions thereafter seek a remedy of either quashing the same or seeking a modification of the impugned action being done by the authorities of the state.

Pro Bono lawyer for PIL in Supreme Court India has the greater responsibility of first determining the maintainability of the public interest litigation or the PIL in Supreme Court of India as the same is filed invoking Article 32 of the Constitution of India. As we know that Article 32 of the Constitution of India postulates 5 types of writ petitions before the court which are considered extraordinary constitutional remedies. He has to determine what kind of remedy the petitioners should seek for invoking Article 32 of the Constitution of India in favour of the petitioner.

Pro Bono lawyer for PIL in Supreme Court India has to first draft the representation to be made before the authorities or the communication to be issued to the authority concerned. The Lawyer for the Supreme Court India has to specifically point out the specific violations and to assert the fundamental or legal rights of the Petitioner before the Court. Once the representation is made and the time frame as described in the representation elapses he has to draft the PIL in very specific and clear terms and to determine the violations being done by the authorities. The facts are to be stated very clearly and openly in the PIL before the Supreme Court of India and nothing relevant material should be concealed.

As we all know that for filing a PIL one has to first show his locus standi for filing the PIL. He has to first establish as to how he has the locus standi to file the PIL in Supreme Court of India and in what manner he is connected to the subject and the relief being claim. In this regard, a comprehensive study of the rules for PIL in Supreme Court of India should be first read by the petitioner. If the petitioner is not in a position to explain the same, the supreme court will dismiss the PIL in the Supreme Court of India instantly on the ground that the petitioner has no locus. The petitioner has to also explain why he is filing the petition before the Supreme Court of India instead of the High Court if the matter relates to some violation. This is a very important and crucial work to be undertaken by the Pro Bono lawyer for PIL in Supreme Court India.

ROLE OF PRO BONO LAWYER FOR PIL IN SUPREME COURT OF INDIA:

Another very important aspect which is undertaken by Pro Bono lawyer for PIL in Supreme Court India is to prepare the entire paper book of the PIL for filing the same before the Registry of the court for scrutiny. As per the practice the Registry of the Supreme Court of India scrutinizes the PIL in Supreme Court of India as per the rules and the parameters laid down for filing of PIL in Supreme Court of India and then fixes a date for a listing of the said petition before the Supreme Court of India. Once a date is fixed for hearing of the PIL in Supreme Court of India the role of Pro Bono lawyer for PIL in Supreme Court India starts and he has to prepare the PIL for arguments pointing out all the statutory violations and the judgements and law in his support to establish the factual metrics stated in the PIL in Supreme Court of India.

This is a very important adjunct for a Pro Bono lawyer for PIL in Supreme Court India to establish the entire facts before the court and to convince the court to consider the petition and issue notice to the respondents and pass any interim orders or related orders for at the time of admission of the PIL in Supreme Court of India.

As the court admits and issues a notice to the other party on the PIL in Supreme Court of India, the lawyer for PIL in Supreme Court India has to ensure the service of notices on the respondents as per the directions of the court. After the service of the notice is completed on the respondents, the petition is placed before the court for hearing and the role of Pro Bono lawyer for PIL in Supreme Court India becomes very important as he has to finally argue and convince the court on the subject matter of the PIL in Supreme Court of India. The matter is thereafter decided by the Honorable Supreme Court in the PIL and directions if required are issued for consideration for compliance by the authorities concerned.

Since the aforesaid process involves a lot of involvement of a Pro Bono lawyer for PIL in Supreme Court India he has to be very diligent and particular in taking up the matter before the Supreme Court of India and to vigorously follow the same to its logical conclusion. This also involves a substantial cost of preparing and filing the PIL before the Supreme Court of India and taking the services of an Advocate on Record for getting the same listed before the Supreme Court of India.

It is observed that most of the people rush to Supreme Court of India for filing of PIL on various issues which are not worth consideration by the court and the entire subject matter is just destroyed due to adverse orders by the Supreme Court. One has to be very cautious in taking up the subject and proceeding in the matter of filing any PIL before Supreme Court of India unless it is well established that the same is valid on various legal parameters of PIL before the Supreme Court of India.

We have in house team of Pro Bono lawyer for PIL in Supreme Court India who can take up the drafting and filing of PIL in Supreme Court of India with confidence and excellent results on nominal charges.

IMPORTANT:

For seeking evaluation of the subject matter of the PIL in Supreme Court of India, please submit in brief the facts, legal grounds and the related provisions. Our experts will provide online advice on the matter. We also provide services of expert lawyer for all the services on nominal charges depending upon the involvement and filing cost.