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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

11 hours ago

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A step-by-step guide for legal recourse when Chequ...

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee. The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite common. Occasionally, huge cheque amounts remain unpaid and payee banks return them dishonored.Dishonor of cheque results in the drawee bank issuing a ‘Cheque Return Memo’ to the payee’s banker pronto stating the reason for non-payment of the cheque. The banker of the payee then returns the memo and the dishonored cheque back to the payee. The cheque can be reissued or the payee can reissue the cheque within the timescale of three months of the cheque date if the drawer believes issued cheque will be honored the second time around. However, if the issuer of the cheque fails in making a payment, then its the payee’s right to proceed along the lines of legally prosecuting the drawer.  The defaulter/drawer may be legally prosecuted by the payee for the fact that the cheque was dishonored. However, the only exception to the rule is if the cheque amount is huge and the cheque payment is towards discharging debt or other defaulter liabilities towards the payee. In the case of a gift cheque, which may have been towards obtaining a loan or for illegal purposes, then the drawer is exempt from being prosecuted.Legal action In case of payee deciding to proceed legally, then the payer ought to have the chance of repaying the cheque amount pronto. The chance ought to be given only in the form of notice in writing. The notice ought to be sent to the drawer within a month of receipt of the “Cheque Return Memo” notice from the bank. The notice also ought to allude to the fact that the cheque amount ought to be paid to the payee within a fortnight from the receipt date of the notice by the issuer. If the issuer of the cheque is unable to pay within a month of receipt of the notice the payee is entitled and indeed empowered to file a criminal complaint under Section 138 of the Negotiable Instruments Act. Call 7604047601 for a preliminary phone consultation with the registered expert cheque bounce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Consult Top Admiralty and Maritime Lawyers in India

Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Arbitration and Mediation
  • Aviation
  • Corporate And Incorporation
  • Debt And Lending Agreement
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Admiralty and Maritime
  • Civil
  • Banking
  • Consumer Protection
  • Cheque Bounce
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
Asha  Bhuta

Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile
Harshad  Rathod

Harshad Rathod

Legal Counsel / Advocate
Exp
Pune , Maharashtra

Specialization

  • Admiralty and Maritime
  • Commercial
  • Contracts And Agreements
  • Arbitration And Mediation
  • Administrative Law
Second generation in the legal profession. I am practising legal counsel at HNR LEGAL which is a prominent law firm, having its head office in the city of Pune India. Our practise is before the Pune District Court, Bombay High Court , NCLT , NGT, Arbitration Tribunal Seated in India & Abroad. View Full Profile
Vijay vikram  Singh

Vijay vikram Singh

Hi
Exp
Lucknow , Uttar Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Animal Laws
For free advice View Full Profile
Romesh Pratap  Singh

Romesh Pratap Singh

Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Contracts And Agreements
Lawyer for High Court deal the criminal , civil , service and writ matter and also deal matter in District and Session Court and Family Court View Full Profile
M.Indira Priyadharsh  Dharshini

M.Indira Priyadharsh Dharshini

Legal Associate and Advocate
Exp
Bangalore , Karnataka

Specialization

  • Admiralty and Maritime
  • Civil
  • Administrative Law
  • Arbitration And Mediation
  • Advertising
I passionate towards my service and striving hard to achieve my goals . View Full Profile
 Vishwabandhu  Chaudhary

Vishwabandhu Chaudhary

SENIOR LAWYER
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Privacy
Criminal Cases Handel View Full Profile
Total Answers Given : 291
Sunil Kumar  Singh

Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Admiralty and Maritime
  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Advertising
Prominent Lawyer,Experience to Assit Court of Justice , He has been providing services in various fields of law, including, but not limited to Civil, Criminal, Arbitration, Labour & Service Matters, Intellectual Property Rights, Trademark, matters relating to Property Law, Copyright, inter Thank View Full Profile
Total Answers Given : 242
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  • What does "maritime law" or "admiralty law" mean?
  • Can a seaman sue his employer for the unseaworthiness of the vessel?
  • Can a seaman get maintenance and cure benefits at the same time he is suing his employer?
  • Who is liable to pay in case of the vessel meeting an accident?
  • What do I do in case my vessel meets with an accident?
  • What are the (local) laws that one should refer to as a seaman?
  • What should you do if you've just suffered a maritime injury?
  • What does "unseaworthiness" mean?
  • What is General Maritime Law?
  • Why hire a Maritime Lawyer?
  • If I file a maritime injury claim, will I be blackballed or blacklisted?

As per Black’s Law Dictionary, Maritime Law refers to the law governing sea or seaport bound actions conducted and commerce transacted. Registration, license, and inspection procedures for ships and shipping contracts, insurance and carriage of goods and passengers are included. Admiralty Law refers to the rules and orders of maritime law. This protects the ships and the sea from harm. Maritime treaties are drafted between international interests.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

About the Maritime and Admiralty Laws


Maritime and Admiralty laws are those laws which govern the life and affairs of the seamen both on water and near water meaning on high sea as well as on ports. Usually these are the laws which are looked at when a seaman is fairing on the sea with his ship and crew. They need these laws to ensure the proper regulations of the shipping industry and also to ensure that justice is done with the crew and seamen when any event occurs.

In 2017, India enacted a law which is now the paragon law in the field of admiralty and maritime laws. The Act is known as ‘The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017’ whose main aim is to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto.

The Act says that the provisions of the Code of Civil Procedure 1908 shall apply in all the proceedings before the High Court to the extent of them not being inconsistent with any of the provisions the Act. The Act also says that notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from any judgement, decree or final order or interim order of a single Judge of the High Court under this Act to a division Bench of the High Court.

What are the applicable laws to Maritime?


The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 repealed these following laws;

  • The Admiralty Court Act, 1840;
  • The Admiralty Court Act, 1861;
  • The Colonial Courts of Admiralty Act, 1890;
  • The Colonial Courts of Admiralty (India) Act, 1891; and
  • The provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.

Some important facts and cases about and under Maritime law


As per the act, every maritime lien shall have the following order of inter se priority, namely:-

  • Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
  • Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;
  • Claims for reward for salvage services including special compensation relating thereto;
  • Claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel;
  • Claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel.

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