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A> Is that correct?
yes
1. 6-10 months max. No, the advocate will handle it.
2. In Delhi, I’d charge 75,000 to 1,00,000 for a case like this. Don’t know the norm in Kolkata. Being said, fees differ wildly from lawyer to lawyer. Shop for a lawyer within your budget.Adepends on the facts of the case.yes, it does come with travel issues.
also, why aren’t you getting his FIR quashed?
A1. no. you did the right thing.
2. I practise in delhi. I don’t know how things work in kolkata. I take a one time fee to handle the case from start to finish. Extra if the case drags too long or if there are other expenses. Some lawyers do charge a conferencing fee. I don’t. Every lawyer has his own method of charging clients.
3. ask your advocate to file an application pointing out the urgency.
4. yeah. pushing for a no money settlement at this stage makes zero sense.
5. FIRs once filed need to be quashed. A case for quashing will be filed before the HC. You’ll have to hire an advocate who appears there. Your lawyer, and the opposite party’s lawyer will make a joint submission stating that the parties have entered into a compromise. Again, I don’t know how much it costs in Kolkata, but in Delhi, I charge 75,000 to 1,00,000 for a 482 application.Ahighly unlikely. You’d have to royally mess up to get jail time here.just do what the court says. stay in their good graces.
A3 years ago when I used to appear before the trial court, I used to charge atleast 45,000 for handling such cases from start to finish. For one single appearance, I’d charge atleast 15,000. Litigation is expensive, friend. That is why no one likes to get into it.you’re better of if you just pay the 2500.
that being said, no warrant will be issued just yet even if you miss the first date. Agli date pe make some excuses and apologise. You’ll be scolded at most. Baaki it is up to you
AI’ll answer your questions categorically:* no.
* yes.
* yes.
* fine. no jail time.
* hire an advocate.Aidc**——————————————————————————————-**
**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
ASupreme Court advocate here:No.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
AYes. But that is also exactly why I added a second para which has advice more tailor made to suit the OP.**——————————————————————————————-**
**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
ASupreme Court advocate here:1. Yes.
2. Yes.**—————————————————————————————————**
**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
ASupreme Court advocate here:First of all, I will put a *bona fide* disclaimer here stating that suicide is not an option. Stay safe.
I’ll answer these questions in seratim:
1. The family is not legally obligated to repay them out of their own pocket. But if said member receives any money from the estate of the deceased, the creditor can seek repayment through said estate. For eg. A owes X a sum of 15 lakhs, and passes away. B, the son of A, receives 5 lakhs from the estate of A. X can now legally seek repayment of 5 lakhs from B on account of the 5 lakhs he inherited from A, but not of the remaining 10 lakhs.
2. No. They can surely file a case, but the case will not go anywhere. Notwithstanding, harassing the kin of the debtor is a common tactic that is used by unscrupulous bankers (which is also illegal).
3. Not really. Borrowing from the earlier example, if A leaves a will for B and leaves all his money to B via the will, the testator is obligated to pay off A’s debts to X first and then disburse the remaining assets.
4. In this case, the heirs are not liable to pay anything.The golden rule that needs to be followed here is straightforward: a creditor is liable to take money solely from the debtor and from the debtor’s estate. If the debtor dies, the creditor may take money from the legal heirs to the extent where repayment of said debt is sought only from the estate that the heirs may have inherited and not from the heirs’ own assets/estate.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
ASupreme Court advocate here:you have the right to defend yourself in case any such situation arises. However, due to how deeply our courts are conditioned against the ‘badi gadi’ in any vehicular accident case, proving that you were only protecting yourself is a tedious matter (note, not impossible), even if you have dashcam footage.
However, my sincere advice to you is that if a situation like this ever arises, floor the gas pedal and worry about the consequences later. I’d rather deal with such a case as an accused rather than as a victim.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
