About advocate hiring
3 months ago
Honorable sir/madam, I have a typical question but nobody can solve it properly and I am fully expected to you. Actually I am financially very weak then what to do during advocate selection. My questions are Q no 1 - If someone raise a case on me(civil or criminal) and if i raise a case on someone then what to do in that situation as i say that I am very poor? Q no 2 - If i want to get free legal services then explain the officialy full process to get free advocate? Q no 3 - How many days or how much time will it take to get the legal services?
A.Dear client,
You can avail free legal services through the National Legal Services. The eligibility criteria depends on the state you are from. Free legal services can be availed by persons who are belonging to the SC/ST community or a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court. According to Section 13(2) of the Act, unless the relevant Authority has cause to doubt or disbelieve such an affidavit, an individual's income-related affidavit is often considered adequate to qualify him or her for the entitlement of legal services under the Act. The procedure would be first applying for legal service in the forum you are filing a case at. You can apply for free legal aid either offline or online. You can fill up the ready-made form/application form that is available at your nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority. You can visit the online site at https://nalsa.gov.in/lsams/.
The National Legal Services Authority (Free and Competent Legal Services) Regulations 2010 state in Regulation 7(2) that a decision regarding a free legal aid application must be made as soon as possible and no later than seven days after the application is received.
Thank you
You can avail free legal services through the National Legal Services. The eligibility criteria depends on the state you are from. Free legal services can be availed by persons who are belonging to the SC/ST community or a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court. According to Section 13(2) of the Act, unless the relevant Authority has cause to doubt or disbelieve such an affidavit, an individual's income-related affidavit is often considered adequate to qualify him or her for the entitlement of legal services under the Act. The procedure would be first applying for legal service in the forum you are filing a case at. You can apply for free legal aid either offline or online. You can fill up the ready-made form/application form that is available at your nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority. You can visit the online site at https://nalsa.gov.in/lsams/.
The National Legal Services Authority (Free and Competent Legal Services) Regulations 2010 state in Regulation 7(2) that a decision regarding a free legal aid application must be made as soon as possible and no later than seven days after the application is received.
Thank you
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A.Dear Client,
As regards your questions Q no 1 - If someone raises a case on me(civil or criminal) and if I raise a case on someone then what to do in that situation as I say that I am very poor? Ans:- If someone filed a case against you, either you can defend it or if you know that you are falsely implicated in the case, you can file a countercase against the said person under Sec.209 of IPC or under Sec.193 of the Evidence Act hiring the service of an Advocate. Apart from the above legal actions, you may file a countersuit under Sec,500 IPC for defamation against the concerned person. However, considering your financial constraints to bear the cost of litigation either for defending or filing counter case, you may take the free legal aid /services under Sec.12 of the Legal Services Authorities Act, 1987 approaching the District Legal Services Authority or the State Legal Services Authority, provided you meet the eligibility criteria for the said free service as prescribed under Sec.12 of the Act and make an application before the District Legal Services Authority or State Legal Services Authority seeking free legal service in the matter to contest the case before the Court. As regards your question Q no 2 - If I want to get free legal services then explain the official full process to get a free Advocate. Ams:- Already explained in the response to your question no.1 above, To know the provision of Sec.12 of the Legal Services Authority Act, 1987 in detail, you may visit the official website of the National Legal Services Authority. https://nalsa.gov.in/services/legal-aid/eligibility. As regards Q.no.3 - How many days or how much time will it take to get the legal services? Ans:- Once you apply and qualify for the same, the authority may allot an Advocate from the panel to render free legal service to contest your case before the respective Court.
As regards your questions Q no 1 - If someone raises a case on me(civil or criminal) and if I raise a case on someone then what to do in that situation as I say that I am very poor? Ans:- If someone filed a case against you, either you can defend it or if you know that you are falsely implicated in the case, you can file a countercase against the said person under Sec.209 of IPC or under Sec.193 of the Evidence Act hiring the service of an Advocate. Apart from the above legal actions, you may file a countersuit under Sec,500 IPC for defamation against the concerned person. However, considering your financial constraints to bear the cost of litigation either for defending or filing counter case, you may take the free legal aid /services under Sec.12 of the Legal Services Authorities Act, 1987 approaching the District Legal Services Authority or the State Legal Services Authority, provided you meet the eligibility criteria for the said free service as prescribed under Sec.12 of the Act and make an application before the District Legal Services Authority or State Legal Services Authority seeking free legal service in the matter to contest the case before the Court. As regards your question Q no 2 - If I want to get free legal services then explain the official full process to get a free Advocate. Ams:- Already explained in the response to your question no.1 above, To know the provision of Sec.12 of the Legal Services Authority Act, 1987 in detail, you may visit the official website of the National Legal Services Authority. https://nalsa.gov.in/services/legal-aid/eligibility. As regards Q.no.3 - How many days or how much time will it take to get the legal services? Ans:- Once you apply and qualify for the same, the authority may allot an Advocate from the panel to render free legal service to contest your case before the respective Court.
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