Professional Documents
Culture Documents
ON
LAW!
BY
THE LEGAL SERVICES CLINIC
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE,
KARNATAKA, INDIA.
FOREWORD
18th April, 2014.
TO WHOMSOEVER IT MAY CONCERN.
Over the years the Legal Services Clinic has grown by leaps and
bounds and this academic year has certainly been one of the most
successful years for the clinic in terms of projects delivery and
reaching the target group audience. The clinic has now ventured into
bringing out exclusive modules and publications on various laws
made simple for common man. This module 'Frequently Asked
Questions on Law' is one such endeavor by the clinic in reaching out
to the common man.
We congratulate the Legal Services Clinic for this F.A.Q. booklet and
wish them all the success in the coming days.
Faculty Advisor
Advisor
Basavanagouda Patil
Vansh Gupta
Convenor
Joint Convenor
CONTENTS
1.
2.
3.
4.
What happens in the cases of child marriages? Can the bride and
groom later avoid it?
If a child below the legal age is married off by her parents, upon
becoming an adult. The child must file a petition before the court to
declare the marriage null and void, within two years of reaching the
legal age of consent the girl can file a petition till she becomes 20
years of age and a boy till he turns 23 years of age.
5.
6.
HINDU MARRIAGES
7.
8.
Can people of different castes (but both Hindus) marry under this
Act?
Yes, they can. No specific requirements are required to be fulfilled if
the marriage is an inter-caste marriage.
9.
ii)
Both parties need to be people who are able to valid consent and
hence their consent can be invalidated if they are proven to be of
unsound mind, suffering from mental disease which render them
unfit for marriage or procreation of children, subject to frequent
attacks of insanity or epilepsy.
iii)
iv)
v)
The parties are not sapindas of each other- unless the customs
permits it.
10. What
the courts presume that a marriage had taken place. However, one
needs to prove that the essential ceremonies of a marriage took place.
The performance of essential ceremonies is a necessary component to
proving the validity of a marriage. Hence, every party to a marriage
should keep photos or videos recording such essential ceremonies.
Documentary evidence like wedding cards, bookings of weddings halls
also help. The presence of witnesses who would be willing to attest to
being an onlooker of the wedding ceremony would also be admitted in
a court.
11.
MUSLIM MARRIAGES
12. What
sound mind who has attained puberty, may enter into a contract of
marriage. A person is presumed to have attained the age of puberty on
the completion of 15 years.
b) There
14. When
CHRISTIAN MARRIAGES
15. Who
16. What
18.
The bride and groom belong to two different religions. How should
they get married legally?
The bride and the groom can solemnise their marriage under the
Special Marriages Act. People of same religion may also wish to marry
under Special Marriage Act.
19. Who
12
22. What
14
First Schedule and a woman and any of the persons mentioned in Part
II of the said Schedule are within the degrees of prohibited relationship.
23. My
1. Mother
2. Father's widow (step-mother)
3. Mother's mother
4. Mother's father's widow (step grand-mother)
5. Mother's mother's mother
6. Mother's mother's father's widow (step-great-grandmother)
7. Mother's father's mother
8. Mother's father's father's widow (step-great-grandmother)
9. Father's mother
10. Father's father's widow (step-grandmother)
11. Father's mother's mother
12. Father's mother's father's widow (step-great-grandmother)
13. Father's father's mother
14. Father's father's father's widow (step-great-grandmother)
15. Daughter
15
PART II
16
1. Father
2. Mother's husband (step-father)
3. Father's father
4. Father's mother's husband (step-grandmother)
5. Father's father's father
6. Father's father's mother's husband (step-great-grandfather)
7. Father's mother's father
8. Father's mother's mother's husband (step-great-grandfather)
9. Mother's father
10. Mother's mother's husband (step-grandfather)
11. Mother's father's father
12. Mother's father's mother's husband (step-great-grandfather)
13. Mother's mother's father
14. Mother's mother's mother's husband(step-great-grandfather)
15. Son
16. Daughter's husband
17. Son's son
18. Son's daughter's husband
19. Daughter's son
20. Daughter's daughter's husband
21. Son's son's son
22. Son's son's daughter's husband
23. Son's daughter's son
24. Son's daughter's daughter's husband
25. Daughter's son's son
26. Daughter's son's daughter's husband
27. Daughter's daughter's son
17
25. What
(b) If the other party after marriage has treated the complainant with
cruelty.
(c) If the other party has deserted the complainant for a continuous
period of not less than two years.
(d) If the other party has seized to be Hindu by converting to another
religion.
(e) If the other party has been in curably of unsound mind or has been
suffering from mental disorder of such a nature that the complainant
cannot be reasonably expected to live with her/him.
(f) If the other party has been suffering from an incurable form of
leprosy.
(g) If the other party has been suffering from venereal disease in a
communicable form.
(h) If the other party has renounced the world.
(i) If the other party has not been heard of being alive for a period of
over 7 years.
Divorce can also be obtained by mutual consent by Husband and Wife
in accordance with Section 13 B of the Hindu Marriage Act, 1956.
A wife may also present a petition for the dissolution of her marriage
by a decree of divorce on the groundi) If the husband has indulged in rape, bestiality and sodomy.
ii)If the marriage is solemnized before the Hindu Marriage Act and the
husband has again married another woman in spite of the first wife
being alive, the first wife can seek for a divorce.
iii)
before she attained the age of fifteen years and she has repudiated the
marriage before attaining the age of eighteen years but after the age of
fifteen.
26. How
27. What
(d) if the wife was pregnant with another mans child at the time of the
marriage.
28. What
29. What
30. What
MUSLIM LAW
33. What
34. What
is iddat?
Iddat is the period during which it is incumbent upon a woman, whose
marriage has been dissolved by divorce or death of her husband to
remain in seclusion and to abstain from marrying another husband. The
purpose behind that is to ascertain whether she is pregnant by earlier
husband, so as to avoid confusion of the parentage of the child. The
period of Iddat is prescribed as under:
In case termination marriage by divorce- three lunar months or three
menstrual courses
ii) In case of widow- 4 months and 10 days
iii) In case the woman is pregnant - till the delivery.
Under Sunni Law a marriage with a woman undergoing Iddat is
i)
irregular and not void. Under Shia law a marriage with a woman who
is undergoing Iddat is void.
36. What
iv)
vi)
The following are the grounds of divorce mentioned under the Indian
Divorce Act, 1869.
i)
Adultery
ii)
iii)
iv)
Not been seen or heard alive for a period of seven or more years.
v)
vi)
Wife can also file a divorce based on the grounds of rape, sodomy
and bestiality.
vii)
ADOPTION
39. Who
1. An Indian citizen
2. Non-resident Indian
3. Foreign citizen
4. A single female
5. A married couple
6. A single male is permitted to only adopt a male child. He cannot
adopt a girl child.
40. What
27
age group of 0-3 years and 50 years for adopting children above 3
years.
5. PAPs should have adequate financial resources to provide a good
upbringing to the child;
6. PAPs should have good health and should not be suffering from any
contagious or terminal disease or any such mental or physical
condition which may prevent them from taking care of the child;
7. A second adoption is permissible only when the legal adoption of the
first child has been finalised;
8. Single male is not permitted to adopt a girl child.
41. Who
is eligible to be adopted?
The child must be legally free for adoption.
Siblings/twins/triplets cannot be separated except in exceptional
cases.
Two unrelated children cannot be proposed to a foreign family at a
time.
A child may as far as possible be placed in adoption before it reaches
the age of 12.
The consent of the child above 6 years should be taken for the
adoption.
Age difference of the adoptive parents and child should be 21 years
or more.
42. Who
is eligible to adopt?
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are
allowed to formally adopt a child. The adoption is under the
28
- The waiting period begins once the agencys social worker draws
up the home study report.
- When the agency identifies a suitable child, they call the
prospective parents to meet the child.
- If the parents approve, some agencies may hand over the child once
a foster care agreement is signed.
- Meanwhile, the agencys lawyer files a petition to adopt on behalf
of the couple with the Court or Juvenile Justice Board, depending on
the law under which the adoption will take place. An Order for
execution of the adoption deed is granted.
For the most part, the agency representative and the parents register
the adoption deed at the Registrars as proof of the completion of the
adoption, and then apply for the birth certificate.
44. Can
30
51. Can I adopt a child from a state other than the one I am residing
in?
Yes, one can do so.
Yes, one is eligible to adopt a relatives child, so long as the other criteria
for adoptive parents are fulfilled.
54. What procedures should I follow for adopting a relatives child?
Firstly you need to obtain the consent of the biological parents for
adopting the child, then enter into an adoption deed, you can take a
lawyers assistance for this. This Adoption Deed has to be registered.
55. Do I need a court order even if I adopt my relatives child?
It is not mandatory to obtain a court order if you adopt a relatives child,
however you will need a Court Order in order to obtain a Passport or a
Visa for the child. Therefore it is always advisable that you have a Court
Order.
56. Can a parent ask for a specific child?
An adoptive parent is allowed to ask for a child, as per her preferences.
For example a parent may ask for a child of a certain age, gender (if it is
the first child in the family), skin colour, religion, special features, health
condition, etc. However, greater the specifications, the more difficult it is
to find a child who conforms to them. This restricts the pool of children
available for adoption.
Depending on the adoptive parent's desired details, children are scrutinised
to find a suitable match. When a child with the desired characteristics is
found, she is shown to the prospective parents. In case the parents are
unhappy with the selection, about two more children with the same
characteristics may be presented to the parents.
33
57. Does the law forbid me from putting up my child for adoption due
to my inability to maintain?
A parent can surrender his/her child due to physical, emotional and social
factors beyond their control.
58. What if I want to adopt a child from other country and bring
him/her to India to stay along with me, what procedures apply? The
same procedures as before?
The relevant procedure varies, and it depends on the requirements of the
country that you are adopting from.
----x----
34
35
the Supreme Court has time and again held that relationships even
women in the nature of marriage will also be entitled to protection
under the PWDVA. In the case of Indra Sharma1, The Supreme
Court also laid down guidelines to determine whether a relationship
is in the nature of marriage. These include:
i.
1 2013(14)SCALE448
36
ii.
iii.
iv.
v.
Having children
vi.
Socialisation in public
vii.
2.
3.
4.
an
order
to
secure
the
same
level
of
alternative
In
40
10.
reside in a household?
The purpose of the PWDVA is to provide secure housing to the
woman and not create any substantive rights in a household. In the
Supreme Court case of S.R. Batra, the court held that the wife is
41
42
Yes, under Section 23, the Magistrate has been granted the power to
grant interim orders with respect to reliefs in the nature of protection,
residence and custody orders and monetary relief and compensation
against the respondent.
13.
2.
14.
15.
18.
Upon receipt of information the duties of the protection officer are the
following:
1. make a domestic incident report to the Magistrate and forward
copies to the police officer of the relevant police station.
2. To apprise the aggrieved person of the right to make an
application for relief under the act as well as under Section 498A,
IPC, the availability of service providers and free legal aid.
3. To make available a safe shelter home for the aggrieved person so
requires
4. To get the aggrieved person medically examined if she has
sustained bodily injuries and forward such report to the police
officer and Magistrate.
5.
24.
order?
No, a protection officer can only conduct a home visit upon a court
order
28.
47
48
before the Supreme Court. It is hoped that the Supreme Court would
settle this position shortly.
But, is the nature of reliefs available to a married woman and
30.
The act does not create in differentiation on the basis of the religion of
the aggrieved persons. However, this point has generated some
controversy on certain aspects. For instance, it has been contended that
a divorced muslim can only claim maintenance under the Muslim
Women (Protection of Rights on Divorce) Act, 1986 or under Section
125 CrPC and not the PWDVA. However, rejecting this contention, the
Bombay High Court in Khushi Mohammed v. Smt Aneesha did not
accept this argument. Instead the Court referred to Section 36, PWDVA
that clearly makes it an Act to have additional field for the benefit of
aggrieved person, therefore, even if some benefit could be envisaged or
allowed to the wife under the provisions of Muslim Women (Protection
of Rights on Divorce) Act, 1986, that cannot come in the way of the
wife to secure the relief under the provisions of Domestic Violence Act,
2005. However, any binding decision by the Supreme Court on this
point is still awaited.
32.
under
the
PWDVA
act
would
continue
simultaneously.
2. Alternatively, in the same legal proceeding before a family court,
civil court or criminal court an application under the PWDVA
also be made. For instance a miscellaneous petition may have
been filed for dissolution of marriage in the family court wherein
ancillary reliefs such as maintenance and custody would be
prayed for. In this petition, a miscellaneous application under
50
But does this mean that the aggrieved person will effectively get
twice the relief from the magistrate and civil court?
No, Section 26 obligates the aggrieved person to inform the magistrate
in case any relief is obtained in any proceeding in another court such
that the magistrate can factor the same in his decision. In the same
manner, Under Section 12, any compensation received by an aggrieved
person in a separate suit for compensation would be set off against the
order of the magistrate.
35.
36.
relief under the PWDVA. The Court can also, whenever appropriate,
appoint a guardian or next of friend to represent the child.
52
53
The main feature of this act is that this act protects consumer rights
by providing the consumers with compensatory, preventive and
punitive provisions.
The Act also requires establishment of Consumer Protection
Councils at central, state and district levels and specifies that the
main objectives of these councils are to promote and guard the rights
of all consumers.
The Consumer Protection Act, 1986 also aims at providing
consumers with their basic consumer rights such asa. the right to be protected against promotion of goods which are
hazardous to life and property;
b. the right to be informed about the quality, quantity, effectiveness,
purity, standard and price of goods to protect the consumer against
unfair trade practices;
c. the right to be assured, wherever possible, access to an authority
of goods at competitive prices;
d. the right to be heard and to be assured that consumers interests
will receive due consideration at appropriate forums;
e. the right to seek redressal against unfair trade practices or
unscrupulous exploitation of consumers and;
f. right to consumer education.
3.
54
11.
filed?
Section 24A of the Act provides that a consumer dispute can be filed
within two years from the date on which the cause of action arises.
This provision was inserted in the Act in 1993, before that the
Consumer Forums were following the Limitation Act, 1963, which
58
says that a suit can be filed within three years after the cause of
action arises.
The point of time when cause of action arises is an important factor
in determining the time period available to file a complaint. There
are no set rules to decide such time. It depends on the facts and
circumstances of each case.
Examples :
1. A got his eye operated by B in 1989. He got a certificate of
blindness on 18th December, 1989. He was still in hope of gaining
his sight and went from second operation in 1992 and was
discharged on 21-1-1992. He filed a complaint against B on 11-11994. B opposed on the ground that more than 2 years were over
after 18-12-1989, thus the complaint is not maintainable. The
Commission held that here the cause of action for filing the
complaint would arose after the second operation when A lost entire
hope of recovery. Thus the suit is maintainable - Mukund Lal
Ganguly v. Dr. Abhijit Ghosh III 1995 CPJ 64.
2. A house was allotted on 1-1-1999. Defects appeared in the
house on 10-1-1999. Here the cause of action will arise on 10-11999. It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient
cause for not filing the complaint within the prescribed period, it can
entertain a complaint beyond limitation time. However the Forum
must record the reasons for condonation of delay.
Example : A deposited some jewellery with a bank. Bank lost it.
Bank kept giving her false sense of hope to retrieve the jewellery,
59
and thus A was put in a state of inaction. Later on when A filed a suit
on the Bank, it claimed that the suit was not maintainable as the
limitation time after the cause of action arose has lapsed. The
Commission reprimanded the bank and admitted the case - Agnes
DMello v. Canara Bank [1992] I CPJ 335 (NCDRC).
13.
Consumer Forum?
No. A person can represent himself in Consumer Courts. This is one
reason why Consumer cases are not as expensive as other civil cases.
14.
15.
from the District forums or other lower courts within that particular
state. Any person who is not contented with the orders of the District
forum may appeal to the next appellate level of authority: the State
Commission, within 30 days from the date when the order is
communicated to the person. This 30-day period may be relaxed if
sufficient cause for delay is provided. The commission also has
revisional jurisdiction to call upon a matter, its records and decrees,
if it feels that the district forum has failed to exercise its jurisdiction,
or has exercised jurisdiction that it is not entitled to do. (Sec. 17).
The following checklist is important while filing an appeal:
a. Three sets of the brief (for the commission) and one
copy for each of the opposite parties.
b. District forum order copy in original.
c. Case Summary.
d. Within 30 days from date of receipt of District Forum.
e. Condonation of delay petition (if 30 days are exceeded).
f. Memo of parties with address.
g. If advocate, Vakalatnama.
h. Pagination 1 to last.
i. Attach FDR Photocopy to appeal: In favor of Registrar,
State Commission/ State Consumer Disputes Redressal
Commission and should be drawn on a Nationalized
Bank and should be for a Minimum period of 1 year.
62
j. Index containing
i. Memo of parties
ii. Appeal
iii. District Forum order original
iv. Condonation of delay with affidavit (after expiry
of 30 days)
v. Annexures
vi. Vakalatnama
In any of the consumer courts, if an opposite party does not appear
before the court for several continuous hearings, the court can order
for the matter to be proceeded ex-parte (that is, with respect to or in
interests of one side only) where, the opposite party loses its right to
defend its case. But before this order is passed, the complainant is
supposed to re-serve the notice by dasti, i.e. in person, to the
opposite party.
16.
63
64
18.
Demand
Draft
drawn
on
Nationalised Bank)
District Forum:
Upto Rs.1,00,000
For complaints who are under the
Nil
For others
Rs.100.00
Above
Rs.1,00,000
and
upto Rs.200.00
and
upto Rs.400.00
and
upto Rs.500.00
Rs.5,00,000.
Above
Rs.5,00,000
Rs.10,00,000.
Above
Rs.10,00,000
Rs.20,00,000.
State Commission:
Rs.2000.00
65
Above
Rs.20,00,000
and
upto
and
upto Rs.4000.00
Rs.50, 00,000
Above
Rs.50,00,000
Rs.100,00,000
National Commission:
Rs.5000.00
Above Rs.100,00,000
Once the level of the forum where the complaint has to be filed at
has been decided, the place (which district, city etc.) where the
complaint is to be filed has to be decided. The complaint is filed in
that district forum where the cause of action arises. Cause of action
refers to the facts which have caused one to file a complaint against
the other party. One can also file the complaint at a place where the
opposite partys branch office is located.
For Example, Ramesh buys a bottle of cold drink in Udupi and finds
a snail in it. The company also has a branch office at Bangalore.
According to his convenience, Ramesh can file a complaint in either
the Udupi or the Bangalore District Forum.
Similarly if a consumer is filing a complaint directly at the State
Commission then he/she can do so at the respective State
Commission. For filing a complaint at the National Commission, a
consumer can do so either at the main office located in New Delhi or
choose among the 11 circuit benches at various places according to
consumers convenience.
66
19.
complaint?
The Complaint is to be filed within two years from the date on
which the cause of action has arisen. A complaint should contain the
following information:a. The name, description and address of the complainant and the
opposite parties.
b. The facts relating to complaint and when and where it arose.
c. Documents, if there are any, in support of the complaint.
d. The relief which the complainant is seeking.
The complaint should be signed by the complainant or his authorized
agent and the complaint affidavit must be notarized.
One needs to make 4 copies for the court, and 1 copy for each
opposite party. It is necessary to keep a copy of ones complaint and
all furnished documents for their own record.
The complaint copies are then to be submitted along with the court
fee to the clerk in the Consumer Court. A date will then be assigned
by the clerk, along with a reference number.
On that given date, the court will decide whether or not the
aggrieved will be permitted to continue with the case (admission). If
admitted, the consumer will be given another date, and the other
party will be asked by the court to reply to the consumers complaint
in 30 days.
67
20.
1986?
Section 2(1)(o) in the act defines service, the section includes
services made available to potential users and mentions providing
facilities in connection with banking, financing, insurance, transport,
68
a.
b.
69
c.
The term hire used in the act in this respect is generally understood
to mean procuring the use of a service. An example could be a
doctor prescribing medicines.
Not only this it includes beneficiaries of a service, i.e. to say people
who might not have directly hired the service in question but are the
ones using it/ benefiting from it given that they are doing so with the
consent of the original hirer of service. There can be cases where the
person might hire/ avail services for someone else. For example
when a parent books air tickets for his kid, in case of a deficiency
with regard to the service, the kid will be treated as a consumer.
22.
70
Not all kinds of medical services come under the scope of the act
and there have been conditions laid down by the court with respect
to this.
Firstly the service should not be free of charge for everyone. The
moment a service is made free of charge for everyone it is
excluded. The only difficulty that arises here is when a medical
service, for example treatment in a hospital is made free for some
while others are charged for the very same. This has been resolved
by the court and it has held that where even few people who can
afford to pay are charged for the services rendered such medical
services would come under the act, notwithstanding that fact that
71
the Act?
Misleading advertisements violate certain consumer rights like Right
to safety, Right to information and Right to choice.
This is the reason that misleading advertisements are generally
included under unfair practices in the Consumer Protection Act. The
section speaks broadly of four categories:
a. False representation of facts about the product
b. False representation of warranty
c. False representation of price and
d. False or misleading facts about goods of another person
As already explained through its characteristics, a misleading ad
would squarely fall within the scope of the act.
30.
74
75
etc.?
Some consumer forums like the Karnataka State Consumer Disputes
Redressal Commission have a good online website which provides a
whole lot of information about the rules, daily list of the court along
with a provision to track the status of the case very easily. The only
information required is the case number and the year of filing.
Also it provides a detailed list of the various District Forum with
addresses and hence making the website a beneficial tool for
consumers.
(Full Name)
(Description)
(Complete Address)
Complainant
-Vs.-
(Full Name)
(Description)
(Complete Address)
.Opposite party/parties
Respectfully showeth:
1.
2.
3.
4.
6.
7.
out
the
pecuniary
jurisdiction
of
the
Forum/state
9.
Forum/Commission
may
kindly
be
pleased
to
(Details of reliefs which you want court to grant)
Place .
Date
Complainant
(Signature)
Verification
I, .., the complainant above named , do hereby
solemnly verify that the contents of my above complaint are true and
correct to my knowledge . No part of it is false and nothing material has
been
concealed
therein.
80
Complainant (Signature)
----x----
81
1.
2.
3.
4.
83
What are the general transactions that maybe entered into between
banks and customers?
The main transactions can be broadly divided into three types
deposits, loans, and other services.
Deposits are where the public uses banks as a repository,
or a way to store their excess/surplus funds and savings.
Commercially, this is known as Personal (P) Segment or
otherwise Savings Bank Accounts. Other than personal
savings, there are also Fixed or Term Deposits and current
accounts. Here, the bank is the debtor and the customer is the
creditor.
Loans are also provided by banks for a variety of
purposes such as housing, education, automobiles, business,
etc. on fixed or fluctuating interests depending on the rates as
set by the RBI, reserve situations, cash flow, etc. Here the
customer is the debtor and the bank is the creditor.
Other miscellaneous services include collecting cheques
and bills, both domestic and international, transferring of
money or funds from one place to another both within the
country and abroad, facilitating investments, stocks, trading,
insurance facilities, credit & debit card facilities, locker
facilities, etc.
6.
7.
85
9.
10.
11.
What is a passbook?
It is a book issued by a bank to an account holder which shows the
records of money deposited as well as withdrawn from the account
along with the dates.
12.
What are Pre-2005 currency notes? Why has the RBI decided to
withdraw these notes?
The RBI issued currency notes in 2005 of different denominations
which contain additional security features. All currency notes which
were issued before 2005 are known as Pre-2005 notes. The RBI has
decided to withdraw these notes from circulation in order to reduce
86
14.
15.
17.
18.
What is a cheque?
A cheque is a document which provides for the payment of money from
a bank account. The person writing the cheque, the drawer, has an
account where the money is kept. The drawer writes the amount to be
paid, the person to be paid, date and signs the cheque and orders his
bank to pay the person named in the cheque.
19.
called Speed Clearing. Till recently, once they were deposited by the
customer to the local branch called the presenting branch these cheques
had to be sent back to the city where the cheque is payable called the
collecting branch after which the amount would be authorised and
remitted to the presenting branch and credited to the customers
account. This used to take up a lot of time, which is why the RBI came
up with the process of speed clearing. Through this method, banks have
implemented the CBS Core Banking Solutions System which allows
for easy payment of cheques at any location without having to be
physically moved back and forth different branches.
20.
21.
22.
used at an ATM, including Debit Cards, Prepaid Cards and Credit Cards
(in certain cases where they are permitted). The basic function of any
ATM is to make cash readily available to the customer. Other services
include providing account information including balance statement,
payment of bills, loan enquiries, etc.
23.
24.
90
25.
26.
27.
91
or
delay
in
payment
of
inward
remittances ;
failure to issue or delay in issue of drafts, pay orders or
bankers cheques;
non-adherence to prescribed working hours ;
failure to provide or delay in providing a banking facility
(other than loans and advances) promised in writing by a bank
or its direct selling agents;
delays, non-credit of proceeds to parties accounts, nonpayment of deposit or non-observance of the Reserve Bank
directives, if any, applicable to rate of interest on deposits in
any savings, current or other accounts maintained with a
bank ;
complaints from Non-Resident Indians having accounts
in India in relation to their remittances from abroad, deposits
and other bank-related matters;
92
of
Reserve
Bank
guidelines
on
30.
What can you claim from the ombudsman? Is the decision of the
Ombudsman final?
You can claim compensation for your grievances. But there is a limit on
the amount, which must not exceed Rs. 10 lakhs or the amount directly
arising out of the act or omission of the bank whichever is lower.
Compensation up to Rs. 1 Lakh may be claimed for mental agony and
harassment as well.
Generally the ombudsman uses out of court settlement including
mediation and negotiation to arrive at an agreement between the parties.
But if agreement is not achieved the ombudsman may pass a further
award. It is up to the customer to accept this award or to reject it. If not
satisfied, you can approach the appellate authority against the Banking
Ombudsmens decision, who is the Deputy Governor of the RBI. This
appeal must be filed within 30 days of receiving the award. If this
period is extended, sufficient reasons must be provided to the
ombudsman explaining this delay. You can also explore any other
recourse available to you as per the law such as the Consumer Courts,
civil suits, etc.
31.
32.
In order to get an education loan you must show proof of the admission
confirmation as well as the fee structure of the course. Further, you can
only get an education loan from your place of domicile. Up to an
amount of rupees four lakhs no collateral is required, however if the
education loan amount is above rupees four lakhs, a collateral is
required.
33.
ORDER TO GET A HOUSE LOAN, YOU NEED TO SHOW A COPY OF THE LAND
RECORDS, YOUR INCOME TAX RETURNS FOR THE PAST THREE YEARS AND YOUR
SALARY CERTIFICATE FOR THE PAST SIX MONTHS.
FURTHER,
IF YOU ARE A
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97
98
1.
2.
3.
4.
99
5.
6.
7.
8.
9.
11.
12.
14.
16.
What are the duties of the seller from the date of contract for
sale and before the delivery of property?
The seller must between the date of the contract of sale and the
delivery of the property, take as much care of the property and all
documents of title relating thereto which are in his possession as an
owner of ordinary prudence would take of such property and
documents. The seller is also bound to pay all the rent and other
charges of any kind like encumbrances on such property up to the
date of the sale. However, if the property is sold subject to
encumbrances then the seller is bound to discharge the same.
102
17.
18.
103
20.
21.
22.
23.
25.
26.
27.
28.
30.
31.
32.
THE
HAVE
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107
EVEN
AS
THE
1.
2.
When did the Act come into effect and how will it be implemented
in
States?
The Act has come into effect from 1st of April, 2010 across India
except in the state of Jammu & Kashmir. All states and Union
Territories have notified their RTE Rules.
3.
4.
5.
What are the four types of schools that the RTE is applicable to?
The RTE is applicable to four types of schools, namely a government
school that is established, owned or controlled by appropriate
government or a local authority, a school aided by the appropriate
government or local authority to meet whole or part of its expenses, a
school belonging to a specified category and a private unaided school
that receives no aid whatsoever to meet its expenses from the
appropriate government or local authority.
9.
11.
112
12.
How does the RTE mandate for free and compulsory elementary
education for all children between the age of 6-14 years of age in a
completely aided government school?
The RTE provides that all completely aided government schools are to
provide free and compulsory education to all children between the ages
of 6-14 years of age.
13.
How does the RTE mandate for free and compulsory elementary
education for all children between the age of 6-14 years of age in a
partially aided government school?
The RTE provides that all partially aided government schools are
responsible provide free and compulsory education to the proportion of
students admitted that is equivalent to the proportion of the annual aid
or grants form a part of its annual expenses with a minimum of 25%.
14.
How does the RTE mandate for free and compulsory elementary
education for all children between the age of 6-14 years of age in a
specified category school and in a private unaided school?
The RTE provides that all specified category schools and all private
unaided schools are to provide free and compulsory elementary
education to a minimum of 25% of students belonging to the weaker
section or the disadvantaged group in the neighbourhood in each class
admitted at the entry level, and to continue to extend this education
until its completion.
15.
Which children are eligible to apply for the 25% reservation seats?
A student belonging to a weaker section or a disadvantaged group can
apply for the 25 reservation in seats. A child belonging to disadvantaged
group refers to a child belonging to the Scheduled caste, the Scheduled
Tribe, the socially and educationally backward class or such other
113
17.
Would special schools that are run by NGOs qualify as legal schools
under the Act?
Yes, provided that they attain the norms and standards as defined in the
Act, within three years of notification of the Act.
18.
Does the Act imply that private schools cannot charge fees?
No. Private schools and schools in the specified category can continue
to charge fees as before. However, they are required to admit in their
incoming class, at least 25% children from disadvantaged and weaker
sections of the society, without charging any fees.
20.
21.
22.
23.
How will a child, who was previously out of school, but now
enrolled in one, cope up with the studies?
It is the responsibility of the school to provide the child with special
remedial classes after enrolling her in an age-appropriate class. The
remedial classes could continue from 3 months to 2 years.
24.
25.
If the village school goes only upto the primary level, what happens
to education beyond that?
According to the Act, a child has the right to seek transfer to any school
(apart from private unaided schools and the special category schools
mentioned in the Act) for completing elementary education. It is the
responsibility of the local authority to ensure that the child (and in fact
all children of the primary school) is seamlessly transferred to the
nearest upper primary school in time. Alternatively, the primary school
can upgrade its facilities to the upper primary level.
26.
Section 24(2) provides for disciplinary action that can be taken against
the teacher. Before taking any such action the opportunity to a hearing
must be provided to the teacher. Moreover, section 18 (2) of the Model
Rules provides for the accountability of teachers to the School
Management Committees.
27.
28.
29.
30.
31.
32.
34.
disadvantaged groups (as under Sec. 2(d) of the Act) where they must
comprise of the 25% of the class when given admission at the entry
level i.e. Class 1. The proviso to Sec. 12(1)(4) stipulates that the
aforementioned arrangement has to be implemented for pre-primary
education where the school ordinarily provides the same. It is
contended that free and compulsory education provided at the preprimary level by private unaided educational institutions are not to be
reimbursed under the Act. However, under Sec. 12(2), it can be said
that the Act does intend to reimburse schools at the pre-primary level as
well. Sec. 12(2) stipulates that any private unaided the school that
provides for free and compulsory elementary education as specified in
clause c) of sub-section (1) shall be reimbursed. Any private unaided
institution that begins at the pre-elementary stage is mandated to impart
free and compulsory education under the Act under the proviso to Sec.
12(1)(c) at the pre-elementary level as well. This provision of education
at the pre-primary stage constitutes the provision of free and
compulsory elementary education as provided for in Sec. 12(1)(c) thus,
satisfying the criteria for reimbursement under Sec. 12(2). This leads to
the conclusion that private unaided institutions that provide for free and
compulsory education at the pre-primary stage must be reimbursed for
the same as well.
However, a 2013 judgment of the Delhi High Court, Social Jurist &
Anr. v. Government of NCT, Delhi & Anr., has pronounced that the
provisions of the Act are not applicable to education imparted at the
pre-primary level by private unaided institutions as under Sec. 2(n)(iv)
except for the proviso to Sec. 12(1)(4). The Court held that the Act was
120
36.
37.
39.
40.
What if there are not enough teachers to meet the norms of the
pupil-teacher ratio?
The number of vacancies in a school cannot exceed 10% of the
sanctioned strength following the pupil teacher norms. If the requisite
number of qualified teachers cannot be found in a particular area, the
123
qualification norms may be modified to suit the purpose, but only for a
period not exceeding 5 years.
41.
124
ii.
125
iii.
vi.
unconscionable gains.
126
viii.
natural calamity;
5. Who is a juvenile in conflict with law?
A person, under 18 years, who is alleged to have committed an offence.
6. What happens to juvenile conflict with law?
When a complaint is filed against a juvenile, he is apprehended by the
police. His parents/guardians are informed. The child is placed under
special juvenile police unit. The matter is immediately reported to the
Juvenile Justice Board, which later inquiry and passes appropriate
order.
7.
8. What about the parents being informed about the childs actions?
Under Section 13, the parents are to be informed as soon as or after the
arrest is made. So it is the duty of the police officer of the police station
to ensure that the information reaches the parents.
9. What if the child has no parents or guardians?
In cases where the child does not have parents or guardians under
Section 8 of the JJ Act, he is sent to an observation home.
127
10.
proceedings?
No, the proceedings under the JJ Act are before the Juvenile Justice
Board. The board is constituted as per provisions laid down in Section 4
of the JJ Act, it consists of a Magistrate and two social workers. The
core idea behind juvenile justice proceedings is not punish the child
rather reform him.
11.Can a juvenile in conflict with law be granted bail?
Under Section 12 of the JJ Act, while the proceedings are underway, a
bail application can be made and it would be then considered by the
Juvenile board.
12.
128
As per Section 9 of the JJ Act, 2000, special homes are established and
maintained by the State governments. They act as homes for reception
and rehabilitation of juveniles in conflict with law. These homes aim at
reforming and re-socializing juveniles in conflict with law.
15.
Section 5 lays outlines the procedure before the Juvenile Justice board.
Once the case is placed before the Juvenile justice Board an enquiry is
conducted. The board has to complete the inquiry within a period of
four months from the date of commencement of proceedings. During
the enquiry the board may grant bail and later dispose the matter as it
sees fit.
17.
If the board finds that the juvenile has in fact committed the offence,
then the court may if it deems fit, pass the following orders outlined in
Section 15 :(a) Allow the juvenile to go home after advice or admonition
following appropriate inquiry against and counseling to the parent or
the guardian and the juvenile;
(b) Direct the juvenile to participate in group counseling and similar
activities;
129
Under Section 20 of the JJ Act, the law clearly prohibits the publication
of name and other details of a juvenile in conflict with law. It is
punishable with fine up to one thousand rupees. Unless the authority
conducting the enquiry, i.e. the Juvenile justice board, allows such
publication for the benefit of the juvenile.
19.
not in session?
Yes. A child in need of care and protection may be produced before an
individual member for being placed in safe custody or otherwise when
the Committee is not in session.
27.
Any child in need of care and protection may be produced before the
Committee by one of the following persons i.
iii.
v.
Provided that the child shall be produced before the Committee without
any loss of time but within a period of twenty-four hours excluding the
time necessary for the journey.
28.
home or shelter home till suitable rehabilitation is found for him or till
he attains the age of eighteen years.
29.
homes?
Shelter homes are merely for children in need of urgent care while
childrens homes are for children who are undergoing enquiry or on
enquiry are found to be in need of support and care.
34.
134
Parents;
ii.
adopted parents;
iii.
foster parents;
iv.
guardian;
v.
fit person;
vi.
35.
fit institution.
childrens home?
The rehabilitation and social reintegration of a child shall begin during
the stay of the child in a children's home or special home and the
rehabilitation and social reintegration of children shall be carried out
alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv)
sending the child to an after-care organization.
36.
The Board may allow a child to be given in adoption(a) To a single parent, and
(b) To parents to adopt a child of it sex irrespective of the number of
living biological sons or daughters.
135
No child shall be offered for adoption(a) Until two members of the Committee declare the child legally free
for placement in the case of abandoned children,
(b) Till the two months period for reconsideration by the parent is over
in the case of surrendered children, and
(c) Without his consent in the case of a child who can understand and
express his consent.
What is foster care?
39.
The foster care may be used for temporary placement of those infants
who are to be given for adoption.
Also, in foster care, the child may be placed in another family for a
short or extended period of time, depending upon the circumstances,
where the child's own parent usually visit regularly and, eventually after
the rehabilitation, where the children may return to their own homes.
40.
Yes. The Act allows for sponsorship to families, to children's homes and
to special homes to meet medical, nutritional, educational and other
needs of the children with a view to improving their quality of life.
41.
The Act allows for organizations called after care organizations for
children after leaving homes. A scheme of after-care Programme is to
be followed by after-care organizations for the purpose of taking care of
juveniles or the children after they leave special homes, children homes
and for the purpose of enabling them to lead an honest, industrious and
useful life. Children over seventeen years of age but less than eighteen
136
years of age would stay in the after-care organization till he/she attains
the age of twenty years.
42.
the Act?
It is up to the discretion of the presiding authority.
Is the attendance/ presence of the child essential for the
43.
proceedings?
If the competent authority believes that the attendance is not essential
for the enquiry, it may be dispensed with.
How is the age of a child or juvenile determined?
44.
137
2.
12. Can
As per the decision of the CIC (18/IC (A)/2006), the assessment reports
or ACRs prepared by the superior officers are personal and confidential
information and therefore, exempted under Sec. 8 (1) (j) of the Act.
13.
30 days. In case the application is sent through the APIO or the wrong
public authority, a further period of 5 days is added to the
aforementioned periods.
14.
be provided?
Forty-eight hours.
15.
provided?
Approach the Appellate Authority.
16.
No.
17.
single application?
Yes.
19.
department?
Yes.
20.
Does the RTI cover the High Courts and Supreme Court?
142
Yes.
Can the students inspect or procure copies of answer sheets if they
21.
22.
electronic mode?
A citizen can obtain the information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic mode or through print
outs provided the information sought is already stored in a computer or
any other device.
24.
143
25.
information?
No, there is no prescribed format of application for seeking information
and the application can be made on plain paper. The application must
be made in writing in English or Hindi or in the official language of the
area in which the application is made. It should be precise and specific
and must be accompanied by the prescribed fee.
The application, even in cases where the information is sought
electronically, must have the name and complete postal address of the
application.
It can be delivered in person to the office of the concerned public
authority or APIO or by post or through electronic means. Care must be
taken in ascertaining the public authority concerned with the
information sought.
144
27.
145
No fee is charged for inspection of records during the first hour. For
every subsequent hour, fee of Rs. 5 is applicable.
28.
2005?
1. First Appeal lies to the officer senior in rank to the PIO in the
concerned public authority. It must be filed within 30 days from the
date on which the limit of supply of information expires or from the
date on which the information or decision of the PIO is received. The
appellate authority may condone the delay if sufficient cause is shown.
The appellate authority is required to dispose of the appeal within a
period of 30 days or 45 days (in exceptional cases) of the receipt of the
appeal.
2. Second Appeal lies to the Central Information Commission (CIC) or
the State Information Commission, as the case may be if the first
appellate authority fails to pass an order on the appeal or if the
appellant is not satisfied with its order. The appeal must be preferred
within 90 days from the date on which the decision should have been
made by the first appellate authority or was actually received by the
appellant. On showing sufficient cause, the delay may be condoned by
the Commission. No time limit has been prescribed under the Act for
146
30.
No Fees.
32.
90 Days.
33.
34.
What is the mechanism for filing complaints under the RTI Act,
2005?
Complaints can be filed to the Information Commission if a person is
unable to submit a request to a PIO either by reason of non-appointment
of a PIO by the concerned public authority or refusal by the APIO to
accept the application and appeal of the applicant for forwarding it to
the concerned PIO or appellate authority; or if s/he is denied access to
any information under the Act requested by him/her; or if no response
has been given to him/her within the specified time limit in the Act; or
if s/he has been required to pay unreasonable amount of fee; or if in the
opinion of the information seeker, the information given is incomplete,
misleading or false.
35.
148
149
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150
1. What is an offence/crime?
The Indian Penal Code (IPC), 1860 defines offence as any act
punishable by the Code. This means whatever has been made
punishable by various sections of the IPC fall under the definition of an
offence.
2. What are the elements of an offence?
The two elements (both elements must be generally present) of an
offence are:
Actus Reus: This is the physical element involved in the
crime. It literally means a guilty act. In order to prove a crime, it is
necessary to show that the accused committed the act/omission that
has been made punishable.
Mens Rea: This is the mental element of the crime. It literally
means guilty mind. The accused must have intended the act. In
order to prove a crime, it is necessary to prove the guilty intent of the
accused at the time of commission of the offence. It is also enough
to show that the offender had knowledge of the nature of the act
itself and its consequences.
151
11.
12.
Yes, the right to private defence includes the right to cause death of a
person, but only if there is apprehension of certain severe offences like
rape, death, grievous hurt, kidnapping and wrongful confinement.
What are the different stages of a crime?
15.
16.
Waging War
156
stamps
Possessing
counterfeit
coins,
false
weight
or
18.
21.
White collar crimes are crimes committed for financial gain, or ones of
a commercial nature. They are not defined in the IPC, however those
offences understood to be white collar crimes are criminalized under
the provisions of fraud, cheating, criminal breach of trust, etc, as well as
the provisions of the Negotiable Instruments Act , 1881, and the
Information Technology Act, 2000.
22.
Offences against property are listed in Chapter XVII of the Indian Penal
Code. The common offences against property include)
What is sedition?
cause death
A culpable homicide can become murder if some additional elements
are present.
25.
What is murder?
With the intention and higher degree of probability of the bodily injury
resulting in death
Doing an act which is imminently dangerous and the person has the
knowledge that it will in all probability cause death.
26.
Yes, attempt to commit suicide is a crime under Section 309 IPC. If one
is found guilty under this provision, the punishment is imprisonment for
up to a year, or fine, or both. Like any other crime, it is crucial to prove
160
that the accused had the mens rea to kill himself. This is why fastsunto-death do not amount to an offence under this section, as the
intention in these cases is not to kill oneself, but to have certain
demands met.
30.
Apart from those discussed in this segment, the other offences against
the human body include causing hurt, grievous hurt, causing
miscarriage, wrongful confinement, wrongful restraint, etc. The scope
of these offences and the punishment for them are found in Chapter
XVI of the Indian Penal Code.
31.
161
NCT of
Delhi
held that
person making the statement knew that his reputation would be affected
by it.
Truth is not a complete exception to the criminal charge of defamation,
as it must also be shown that the statement was made in public interest.
OFFENCES AGAINST WOMEN
36.
Section 354 IPC deals with the offence of assaulting or using criminal
force against a woman intending to outrage her modesty. This section
applies to those crimes against women that are of a non-penetrative
nature.
The new Criminal Law amendment of 2013 also makes unwelcome
physical contact, demanding sexual favours, or making sexual remarks
an offence, that is punishable with rigorous imprisonment of up to five
years under Section 354A. This provision lays down more clearly than
Section 354 the exact acts that make up the offence of sexual
harassment.
163
38.
Yes, until the 2013 Amendment was passed, acid attack was
criminalized under the grievous hurt provision in the Indian Penal
Code. As the scope of this section was very narrow, a separate provision
(Section 326A) has been introduced that defines the offence more
clearly, and criminalize attempt to throw acid as well (Section 326B).
Anyone who maims, disfigures or causes hurt to someone by throwing
acid at them can be punishable with imprisonment of at least 10 years,
and fine.
39.
Is stalking criminalised?
workplace?
164
42.
What is rape?
Rape is defined in Section 375 of the Indian Penal Code. Rape is when
a man has sexual intercourse with a woman against her will or without
her consent. It is presumed that she has not given consent in the
following circumstances:
If the consent is obtained by blackmail or threats
If the consent is obtained by putting her or anyone she
knows in danger
If the consent is obtained and she is intoxicated, or under
the influence of a substance whereby she does not know what she
is consenting to or if she is mentally unsound at that time of
giving such consent
If she gives the consent under the impression that the
man is her husband when in fact he is actually not
If she is below the age of sixteen years
165
Section 498A of the IPC states that if the husband or the relative of the
husband of a woman subjects the woman to cruelty, they shall be
punished with imprisonment for a term which may extend to three
years.
What is the controversy surrounding Section 498A of IPC?
44.
Are these laws that deal with offences against women gender-
neutral?
The laws relating to rape, voyeurism, outraging modesty, sexual
harassment, and stalking apply only if committed against women by
men. The provisions relating to acid attack, and attempt to acid attack,
are gender-neutral.
166
delay?
It is ideal if the FIR is filed immediately after the occurrence or
knowledge of a crime. This way the person remembers many details
regarding the crime, and it helps investigation. Not only that, since FIR
has great evidentiary value, it helps in trial too. Further, a delay in filing
FIR without a legitimate reason is generally looked at suspiciously by
the court.
48.
167
49.
Arrested persons enjoy some rights under law which are designed to
protect their basic human rights, dignity and prevent police atrocities.
The rights are the following:
-
169
55.
if a woman dies an
some harassment (mental or physical torture for dowry) soon before the
death, then the burden of showing innocence shifts to the husband/inlaws.
MISCELLANEOUS ISSUES
56.
57.
59.
for that state (or group of states). In India, the Supreme Court is the
final court of appeal. It sits at the top and for criminal matters; it
entertains appeals from matters decided by the High Court.
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174
presented on both sides, following which the court delivers the final
judgement.
7. Is a lawyer absolutely necessary?
No, not really! You can appear in court and conduct your own case, if
you are confident about it.
8. Wait, what am I to do if someone sends me a notice?
No worries. You need to send a reply to that particular notice, asserting
why you think you did not commit any wrong.
9. What if she proceeds to file a plaint?
You then need to reply with a written statement within 30 days of
receipt of the summons. Such a statement must deny all the allegations
made in the plaint, so that the suit will not be taken up by the court.
10.
Within 15 days of issues being framed, you must present a list of all the
persons you intend to call as witnesses (for giving evidence, or for
producing a document). You must pay to the court the sum of money
required to cover the travel expenses etc. of the concerned witness.
11.What if the witness doesnt come?
In such a case, the court can impose a fine of upto 5000 rupees, attach
and sell his property, issue a warrant for his arrest(b) attach and sell his
property, or order him to furnish security for his appearance and in
default commit him to the civil prison.
12.
The court will dismiss your suit in case you are the plaintiff and do not
show up for the first hearing. However, in case you can later show that
there was some urgent cause which prevented you from turning up, the
court will consider an application for restoring the suit.
15.
court?
In that case, the court will proceed to give an order against you in your
absence (Called an ex-parte order). The burden will later be on you to
show that there was some urgent cause that prevented you from
appearing, so that the court can hear your arguments, set aside the exparte order, and give a fair judgment.
16.
No, it has to be in writing, with the reasons for the decision clearly
outlined.
178
17.
The major official expenses you incur are in court fees, which depend
on the value of the suit you want to file. With respect to other expenses,
your lawyers fees etc. differ from advocate to advocate.
19.
The court will then have enough grounds to dismiss the suit.
20.
In case the decision is in your favour, the next step you need to keep in
mind is execution.
21.
Whats execution?
If the case involves immovable property, and the outcome is where you
want property delivered to you, it is achieved by the court staff
effecting delivery. If it is related to money, the property of the person
who owes you money can be attached, and if he is unable to pay up or
does not have property, he can be arrested. If it is a woman, she cannot,
however, be arrested. For other remedies, different options such as sale
of property, auctions etc. are available depending on the type of case.
179
23.
Well, that depends entirely on the court! Cases do tend to drag on for a
while, and you had better prepare yourself for a lengthy trial
24.
His legal representative (like, maybe his son, or wife, or husband) must
be brought on record, failing which the suit will terminate.
25.
You may do so, but you cannot file a fresh suit on the same matter
afterward.
26.
You can, by mutual agreement, agree to settle the matter outside court,
and reach an agreement. This will have the same effect as a judgment
by the court, and the court will make a record of the same.
27.
What if the court is yet to pass an order, but I am scared that the
You have the right to appeal to the higher court, if you are dissatisfied.
You can appeal on grounds of fact or law. If there is a substantial
question of law, you can file an appeal to the High Court. In case you
180
are still dissatisfied, you may file for an appeal to the Supreme Court,
and the court will allow you appeal if the High Court certifies that there
is a substantial question of law involved, or if there is interpretation of
the constitution involved, or if the Supreme Court grants special leave
to appeal.
29.
Yes. Once a decision has been given, you cannot go back to the court
with the same matter. In case the court chooses to dismiss your suit, you
cannot take it up again. This principle is called res judicata.
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181
7. What is KSLSA?
184
list
of
voluntary
lawyers
and
other
Non-Government
185
Taluk Legal Services Committees are constituted for each of the Taluk
or Mandal or for group of Taluk or Mandals to coordinate the activities
of legal services in the Taluk and to organise Lok Adalats. Every Taluk
Legal Services Committee is headed by a senior Civil Judge operating
within the jurisdiction of the Committee who is its ex-officio Chairman.
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186
187
WRITE TO US!
188