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UMaybe the bench can condone your delay if you prove your advocate did not file even though you did your part. Again it’s rare and I don’t see how you would prove that you paid for filing and another credible reason for why did you not follow up for 2.5 years when you could’ve checked or asked for any document, complaint etcUFile a case against the lawyer, vo khud aega 6000 se zyada toh fees hogi hi uski mast time waste.
A law student here, never been paid for any internships with 12-14 hours and sometimes they don’t even pay for photocopies they made you get at the court. Although law firms and companies do pay decently in my experience.
UIf you’re going for criminal liability, which you obviously will be, the police makes the chargesheet, you have to file an fir you can tell them the entire thing they’ll investigate then make a chargesheet. If they don’t file an fir, hire an advocate and then approach the court with a criminal complaint. The advocate will guide you with the sections.
(Law student giving the bar this year)UFrom a purely law point of view, this is the exact point of a surety. The law may not be of help to you as such but figure out has the person gone to the DRT or DRAT, unethically you can get the matter stuck for a long time by continuously appealing but if you get an order from the court idt you’ll have much success so rather try get ahead of it and go for fraud and deception. If a person goes for bankruptcy usually there’s a moratorium where no case can be filed against the person (civil). NAL but law student giving the bar this year.UThe Supreme court has extraordinary power to deliver any judgment which is just and equitable through 142, so they came up with the concept of irreparable breakdown of marriage which isn’t a law but now can be used. So personally I think when this case reaches the Supreme court, the punishment will be given it may not be the exact same as murder or rape but they will give itUNot all courts apply the law in the same way but some courts like personally I’ve worked at Delhi and Bombay, they sometimes use the domestic violence act for punitive measures and most people do appeal then high courts ho on the Tangent on being held by law etc etc. It’s very broken for real.UIt actually depends on what kind of RWA it is, most RWAs are voluntary bodies and have no statutory or legal authority with a few exceptions. You should look into your actual municipality and whether they have the power to do certain actions.I’m a law student but faced similar issues and within a few meetings certain residents reached a consensus. In the end they put boom barriers
UIndian personal laws like marriage and family, runs mostly on religious and cultural sources. It’s absolutely outdated and often outright weird. Even in criminal law, marital rape is not considered an offense. As a law student, Indian law seems very archaic and does not hold up to logic but rather public sentiment. The legislature makes the law and they rely on vote banks to make personal laws, thus majority thinks gay marriage isn’t conventional and similarly they make corporate laws for whoever is lobbying them and so on. India has a bit of decent laws but it’s always in theory never in practiceThat’s why a judge had to acquit a man who caused the death of his wife through non consensual intercourse just because it was out of his hands since marital rape wasn’t a crime.
Viewing 8 posts - 1 through 8 (of 8 total)