Legal drafting

How to compute court fee to be paid on plaint ? The court fee to be paid on a plaint (a document that initiates a legal proceeding) varies depending on the jurisdiction and the specific case. In general, the court fee is calculated based on the amount of the claim or the value of the property in dispute. In India, the court fee is calculated based on the Indian Court Fees Act of 1870. It is usually a percentage of the value of the claim or the property in dispute. It is advisable to consult with a lawyer or check with the specific court where the case will be filed to determine the exact court fee that needs to be paid. An example of court fee calculation in India would be as follows: Let's say an individual is filing a suit for recovery of money and the amount claimed is INR 50,000. As per the Indian Court Fees Act, the court fee to be paid would be 2% of the claim amount, which in this case would be INR 1000. Another example would be a suit for recovery of possession of immovable...

 What is an interim bail ? Interim bail in India is a type of bail that is granted temporarily, usually for a short period of time. It is granted by a court while the final decision on regular bail is pending. Interim bail is typically granted when an accused person is unable to secure regular bail, or when the court needs more time to consider the merits of the case before making a final decision on bail. The conditions of interim bail are similar to those of regular bail, and the accused person is required to comply with them while the bail is in effect. How to get an interim bail ? To get interim bail in India, an accused person or their legal representative must file a bail application in the appropriate court. The bail application must include the grounds on which bail is sought and any relevant supporting documents. When the bail application is filed, the court will typically hear the arguments of both the prosecution and the defense and make a decision on whether to grant ba...

What is anticipatory bail ? Anticipatory bail is a legal provision in India that allows a person who has reason to believe that they may be arrested in the future for a non-bailable offense, to apply for bail in advance before their arrest. The purpose of anticipatory bail is to prevent the arrest of a person, and to allow them to apply for regular bail after arrest. The provision for anticipatory bail is provided under Section 438 of the Code of Criminal Procedure (CrPC). Anticipatory bail can be granted by a High Court or a Sessions Court. Once granted, the anticipatory bail remains in force until the person is arrested, or until the bail is cancelled by the court. An application for anticipatory bail can be made by the person who is likely to be arrested, or by any person on their behalf, to the High Court or the Sessions Court within whose jurisdiction the offence has been committed. The application must be accompanied by an affidavit, stating the grounds on which the bail is sough...

What are the different types of bails ? In India, there are several different types of bail that a person can apply for, depending on the nature of the case and the circumstances of the accused. Some of the most common types of bail include: Regular bail: This is the most common type of bail, and it is granted by the court to an accused person who has been arrested and charged with a non-bailable offense (an offense for which bail is not a matter of right). The accused person must satisfy the court that there are reasonable grounds for believing that the accused is not guilty and that he will not abscond if released on bail. Anticipatory bail: This type of bail is granted by the court to a person who has reason to believe that they may be arrested in the future for a non-bailable offense. The purpose of anticipatory bail is to prevent the arrest of a person and to allow them to apply for regular bail after arrest. Bail bond: This is a type of bail where the accused person has to furnis...

What are the important sections of CPC ? The Code of Civil Procedure (CPC) is the primary law that governs the procedure for civil litigation in India. It lays down the rules and procedures to be followed in civil courts and tribunals. The CPC is divided into two parts: the first part deals with the jurisdiction and powers of the civil courts and the second part lays down the rules of procedure to be followed in civil courts. Here are some of the important sections of the CPC: Order 7 Rule 11: This section deals with the dismissal of a suit for non-payment of court fees. It states that if a plaintiff fails to pay the court fee required on a plaint within the time specified by the court, the suit shall be dismissed, unless the plaintiff shows sufficient cause for the non-payment. Order 8 Rule 6: This section deals with the procedure to be followed when a defendant admits the facts stated in the plaint. It lays down the procedure for the plaintiff to prove the facts admitted by the defen...

Here you will learn about the limitation of time to send legal notice Us 138 of NI Act ? Section 138 of the Negotiable Instruments Act, 1881 (NI Act) provides for a limitation period for sending a legal notice before filing a complaint for dishonor of cheque. According to the Section 138 of the NI Act, the payee or holder of the cheque must give the drawer (i.e. the person who issued the cheque) a legal notice, demanding payment of the cheque amount within 30 days of the receipt of cheque return memo. The notice must be sent by registered post or through a notary public. If the drawer fails to make the payment within 30 days of the receipt of the notice, the payee can file a complaint against the drawer for the offence of dishonor of cheque. The time for filing complaint is 45 days from the date of sending legal notice. It is important to note that, the limitation period of 30 days is mandatory and the payee must send a legal notice before filing a complaint under Section 138 of the NI...

Jurisdiction of court under 138 NI Act Case The Negotiable Instruments Act, 1881 (NI Act) is an act of the Indian Parliament which defines and regulates negotiable instruments in India, such as cheques and bills of exchange. Section 138 of the NI Act specifically deals with dishonor of cheques. Under Section 138 of the NI Act, if a cheque is presented to the bank and dishonored (i.e. returned by the bank unpaid), the payee or holder of the cheque can file a complaint against the drawer (i.e. the person who issued the cheque) for the offence of "dishonor of cheque". In order to file a complaint, the payee must prove that the cheque was presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier, and that the cheque was returned by the bank unpaid. In terms of jurisdiction, the complaint under Section 138 of the NI Act can be filed before the court within whose local jurisdiction:the bank bran...

What are the different stages in a Criminal Case ? A criminal case is a legal process where the government (through a prosecutor) brings charges against someone accused of committing a crime. The process goes through several stages, including investigation, charging, bail hearing, trial, and sentencing. At each stage, different things happen and different decisions are made, but the ultimate goal is to determine whether the accused person is guilty of the crime and, if so, what punishment they should receive. A criminal case typically goes through the following stages: Investigation: The police or other law enforcement agency investigates a crime and gathers evidence. If they believe they have enough evidence to charge someone with a crime, they will make an arrest. Charging: The prosecutor reviews the evidence collected by the police and decides whether or not to file criminal charges. If charges are filed, the accused person is formally charged with a crime. Bail hearing: If the accu...

What is a Civil Suit and its different stages in a Court ? A civil suit is a legal action brought by one party against another in a civil court, in order to seek a remedy for a civil wrong or to protect a civil right. Civil suits are typically brought to resolve disputes between individuals or organizations, and can include matters such as contract disputes, property disputes, personal injury claims, and defamation cases. In a civil suit, one party, known as the plaintiff, brings the action and the other party, known as the defendant, responds to the action. The plaintiff must prove the allegations made in the complaint, and the defendant can either admit or deny the allegations, or raise a defense. The goal of a civil suit is to provide a remedy, such as monetary damages or an injunction, to the party who has been harmed or whose rights have been violated. Unlike criminal cases, civil cases do not result in imprisonment or fines, but rather in financial compensation to the harme...