LEGAL NOTICE FORMATE AND PROCEDURE IN INDIA .

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

Essential Information

A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases. A legal notice is an intimation and thus carries the following information:

1. Precise statement and facts relating to the grievance for which the action is to be taken.

2. Alternatives/relief sought by the grieving party.

3. How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.

A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon the grievance.

A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court, if both of them are willing to compromise on the issue.

Filing a Legal Notice

A legal notice, although a simple document, requires precision and accuracy and use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal notice as per law and wording it as required for the particular issue.

1. The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent through a registered AD post.

2. After sending the notice, save the copy of the receipt sent. This may come in handy in case of filing for the court case.

3. Wait for a given period, before the filing of the court case.

4. Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.

Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.

A legal notice can be sent personally too. One can draft a legal notice, and authorize it before sending it to the other party. However, since wording a legal notice is extremely important if the case reaches the court, and citing of aw under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party.

Regional Transport Office.

Regional Transport Office (RTO)

The Motor Vehicles Department has been established under section 213(1) of the Motor Vehicles Act, 1988. This is a central act applicable throughout the country. Motor vehicle department is responsible for enforcing various provisions of this act. This department is headed by the Transport Commissioner.

Every state and city have their own RTO (Regional Transport Office). Every R.T.O is responsible to carry out the functions and activities that are laid out in Motor Vehicles Act, 1988.

Functions of the Regional Transport Office (R.T.O)

  • Enforce the provisions of the various acts of Motor Vehicles, the central motor vehicles rules and the state motor vehicles rules as laid down by the government from time to time.
  • Ensure co-ordinated development of road transport through management of permit .
  • Charge and collect tax as per the provisions of the vehicles act .

Activities performed by RTO

  • Registration of vehicles
  • Motor vehicle tax collection
  • Issue of licenses for public transit and freight traffic
  • Conduct driving test and issue Learner’s and Permanent driver’s license and renewing the same
  • Maintain database of registered vehicles
  • Vehicle transfer and registration of mortgage transactions
  • Maintaining a proper check on the validity of Insurance on motor vehicles
  • Mechanical inspection of accidental vehicles
  • Grant certificate of fitness to transport vehicles
  • Issue badges to the drivers of public services vehicles like Auto rickshaws and Taxis
  • Issue International driving permits.
  • Vehicle Registration at Regional Transport Office

    Owning a motor vehicle is a dream for most people living in India. If an individual wishes to drive the vehicle in the country, he has to go through the vehicle registration process that is mandatory as per the Motor Vehicles Act, 1988.

    Documents required for vehicle registration process at Regional Transport Office:

    • Form 20 i.e. application form for registration of the vehicle
    • Age and address proof documents
    • Passport size photographs
    • Form 21 i.e. sales certificate of the vehicle
    • Form 22 i.e. roadworthiness certificate
    • PUC certificate
    • Insurance of the vehicle to be registered
    • For registration of an imported vehicle, customs clearance certificate is required
    • Sales tax certificate, if the vehicle has been bought from one state and has to be registered in the other.
    • No Objection Certificate from RTO and dealer has to be submitted if the vehicle is bought in one state and registered in another state.
    • Temporary registration number
    • Invoice of the vehicle
    • Design approval has to be obtained from Transport Minister for registration of semi-trailer and trailer vehicles
    • Form 34, in case of loan hypothecation
    • Applicable application fees has to be paid

    The vehicle owner will have to visit the RTO with the above documents. The documents need to be submitted and the applicable application fee has to be paid. On verification of the documents and inspection of the vehicle, the vehicle number is issued to the vehicle owner. After 7 days, a registration certificate is issued that acts as a proof stating the registration of the vehicle.

    Re-Registration of a Motor Vehicle in New State

    Re-registration of a motor vehicle can be done if the motor vehicle is moved to a different state. The documents required for re-registration of the vehicle are pretty much the same in addition to which NOC has to be obtained from the vehicle financer and the original registering certificate has to be submitted. On submitting the documents and paying the application fee, the vehicle is re-registered within a span of 15 days.

    Transfer of Vehicle Ownership at Regional Transport Office

    Transfer of vehicle ownership can be done by

    • Application for transfer of vehicle ownership which has to be made in Form 29 and 30
    • If the vehicle is registered in another state, NOC has to be obtained from the RTO where the vehicle was first registered.
    • NOC has to be obtained from the financer if the vehicle is purchased through finance
    • PUC certificate
    • Vehicle insurance certificate
    • Applicable application fees and road taxes
    • Registration certificate of the vehicle
    • Affidavit stating the sale and purchase of the vehicle
    • Age and address proof documents along with passport size photographs.

Hindu marriage act 1955

The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself.

Introduction

India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce.

As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society.

The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issues.

Applicability

The Act applies to all forms of Hinduism (for example, to a person who is a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or AryaSamam) and also recognises offshoots of the Hindu religion as specified in Article 44 of the Indian Constitution. Notably, these include Jains and Buddhists. The Act also applies to anyone who is a permanent resident in the India who is not Muslim, Jew, Christian, or Parsi by religion.

Although the Act originally applied to Sikhs as well, the AnandKarj Marriage Act gives Sikhs their own personal law related to marriage.

Although the Act originally did not apply to citizens in the State of Jammu and Kashmir, the effect of the J&K Hindu Marriage Act, 1955 made it applicable.

Conditions for marriage

Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable.

Void marriages

A marriage may be declared void if it contravenes any of the following:

  1. Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
  2. Either party is not of a Hindu religion.Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
  3. Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
  4. The parties are sapindas or within the degree of prohibited relationship.

Voidable marriages

A marriage may later be voidable (annulled) if it contravenes any of the following:

  1. Either party is impotent, unable to consummate the marriage, or otherwise unfit for the procreation of children.
  2. One party did not willingly consent. In order to consent, both parties must be sound of mind and capable of understanding the implications of marriage. If either party suffers from a mental disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not (or could not be) given. Likewise, if consent was forced or obtained fraudulently, then the marriage may be voidable.
  3. The bride was pregnant by another man other then the bridegroom at the time of the marriage.

Ceremonies

Section 7 of the Hindu Marriage Act recognises that there may be different, but equally valid ceremonies and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom. These rites and ceremonies include the Saptapadi and Kreva.

Registering a marriage

A marriage cannot be registered unless the following conditions are fulfilled:

  1. a ceremony of marriage has been performed; and
  2. the parties have been living together as husband and wife

Additionally,the parties must have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.

Section 8 of the Hindu Marriage Act allowsastate government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register.

Registration provides written evidenceof marriage. As such, the Hindu Marriage Register should be open for inspection at all reasonable times (allowing anyone to obtain proof of marriage) and should be admissible as evidence in a court of law.

Divorce

Although marriage is held to be divine, the Hindu Marriage Act does permit either party to divorce on the grounds of unhappiness, or if he or she can prove that the marriage is no longer tenable.

A petition for divorce usually can only be filed one year after registration. However, in certain cases of suffering by the petitioner or mental instability of the respondent, a court may allow a petition to be presented beforeone year.

Grounds for divorce

A marriage may be dissolved by a court order on the following grounds:

  1. Adultery – the respondent has had voluntary sexual intercourse with a man or a woman other than the spouse after the marriage.
  2. Cruelty – the respondent has physically or mentally abused the petitioner.
  3. Desertion – the respondent has deserted the petitioner for a continuous period of not less than two years.
  4. Conversion to another religion – the respondent has ceased to be a Hindu and has taken another religion.
  5. Unsound mind – the respondent has been diagnosed since the marriage ceremony as being unsound of mind to such an extent that normal married life is not possible.
  6. Disease – the respondent been diagnosed with an incurable form of leprosy or has venereal disease in acommunicable form.
  7. Presumption of death – the respondent has not been seen alive for seven years or more.
  8. No resumption of cohabitation after a decree of judicial separation for a period of at least one year.

In addition, a wife may also seek a divorce on the grounds that:

  1. In case of marriagesthat took place before the Hindu Marriage Act 1955 was enacted, the husband was already married and that any other wife of thehusband was alive at the time of the marriage ceremony.
  2. The husband, after marriage, has been found guilty of rape, sodomy or bestiality.
  3. Co-habitation has not been resumedwithin a yearafter an order for maintenance under Section 125 of the Criminal Procedure Code or alternatively, under the Hindu Adoptions & Maintenance Act 1956.
  4. The wife was under-age when she marriedand she repudiates the marriage before attaining the age of 18 years.

Alimonies (permanent maintenance)

At the time of the decree of divorce or at any subsequent time, the court may decide that one party should pay to the other an amount for maintenance and support. This could be a one off payment, or a periodical (such as monthly) payment. The amount to be paid is at the discretion of the court.

Remarriage

Remarriage is possible once a marriage has been dissolved by a decree of divorce and no longer able to be appealed (whether there was no right of appeal in the first place, or whether the time for appealing has expired, or whether an appeal has been presented but dismissed

GOLDEN TRIANGLE

ARTICLE- 21PROTECTION OF LIFE AND PERSONAL LIBERTY – No person shall be deprived of his life and personal Lerbity except according to procedures established by law.

Right to life and personal liberty includes Right to privacy as an integral part guaranteed under part – 3 of the constitution.

ARTICLE- 19 RIGHT TO FREEDOM – protection of certain rights regarding freedom of speech,- (1) All citizens shall have the right-

(a) To freedom of speech and expression;

(b) To assemble peaceable and with out arms;

(c) To form associations or unions or co- operative societies;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and

(g) To practice any profession, or to carry on any occupation, trade or business.

ARTICLE- 14 – RIGHT TO Equality

EQUALITY BEFORE LAW – The state shall not deny to any person equality before the law or the equal protection of the law with in the territory of India.