Criminal Law Trends in Kolkata: Insights from Leading Lawyers

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

Dear Client, The Adoption Regulation, 2022 has come with considerable changes for the adoption of children in India, As per Adoption Regulations, 2022, All the Adoption Orders issued by the Courts are now replaced by Adoption Orders issued by the District Magistrate, as per the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. Prospective Adoptive Parents (PAPs) who wish to adopt a child legally, shall register himself or herself online at https://carings.wcd.gov.in. As per Regulation 3(a), the child's best interests shall be of paramount consideration while processing any adoption placement; (b) preference shall be given to placing the child in adoption with Indian citizens with due regard to the principle of placement of the child in their own socio-cultural environment, as far as possible; (c) all applications for adoptions shall be registered on the Designated Portal and confidentiality of the Authority shall maintain the same. A child eligible for adoption as per Regulation 4 is namely, (a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee; (b) a child of a relative defined under clause (52) of section 2; (c) child or children of the spouse from an earlier marriage, surrendered by the biological parents for adoption by the step-parent. Various recognized agencies and authorities have been assigned roles to facilitate the adoption process as per Guidelines Governing The Juvenile Justice (Care and Protection of Children), Act 2015 as amended in 2021. Child adoption can be done by either single PAPs or married couples with 2 years of stable marriage. Section 57(4) of the JJ Act, 2015 and Regulation 5(2)(c) mentions that a single male is not eligible to adopt a girl child. The entire adoption process is carried out in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021) and Adoption Regulations 2022. The database of Prospective Adoption Parents (PAPs) is maintained and managed through the designated CARINGS portal. There is no manual intervention at any stage in the process of adoption. The adoption process is carried out by the Central Adoption Resource Authority (CARA) in accordance with the Juvenile Justice Act 2015 (as amended 2021) and the Adoption Regulations 2022. The waiting period depends on the seniority of the Prospective Adoptive Parents (PAPs) and of legally free children on the basis of preference of Prospective Adoptive Parents as per age, gender, health status, state, etc. Regulation 49 of Adoption Regulations, 2022 states that the prospective adoptive parents shall bear the expenses for adoption and the Specialised Adoption Agencies shall adhere to the adoption fees and their utilization pattern as provided in the Schedule XV which shall be revised by the Authority from time to time. In continuation of the same, the Steering Committee of the Authority in its 36th meeting held on 02/01/2024 has decided that the adoption fees once submitted by the prospective adoptive parents to the Specialised Adoption Agencies, stand non-refundable. The legal profession requires a great deal of specialized knowledge. This is something that lawyers learn early on and is essential for understanding how your client thinks, feels and operates. You must understand the client’s perspective to argue effectively for their case. The essential basic skills that every lawyer should know to handle an adoption case include communication skills, Time Management Skills, Empathy, Patience: It is one of essential skills for lawyers and advocates to have, Strategic Thinking, These three skills are helpful in shaping your career. It’s important to remember that the path to success is not always straightforward, but it does involve developing a good set of tools and techniques for working effectively with people. It also helps if you have experience working as an advocate; this will give you greater insight into how advocacy law works and how best to serve those who need our services most. Hope, your query stands addressed.

Dear Client, From the prolonged contents of your query, it appears that you are worried and upset with the progress in investigation and inaction of the investigating authority in your FIR made under Section 498A IPC against your in-laws and husband. In the given scenario, you can bring the matter to the notice of the higher authority of the Police Depts. and can also file a complaint with the Chairperson, State Human Rights Commission, or the State Police Complaint Authority, who are independent bodies empowered to investigate complaints against police officials. Apart, a writ of mandamus is typically issued by the High Court under Article 226 of the Constitution of India when a public authority has failed or refused to perform a mandatory duty despite being requested to do so. The writ of mandamus is primarily used against public authorities to compel them to perform their statutory duties and a crucial legal remedy that reinforces accountability and ensures public officials perform their duties as mandated by law. In the given scenario, if you are well equipped with substantial evidence to prove your claim, filing a writ of mandamus before the High Court under Article 226 of the Indian Constitution is a viable option to access appropriate relief in the matter. Hence, it is recommended to consult with an Advocate specialising in matrimonial and criminal cases for tailored advice to understand your rights and remedies to navigate the issues effectively.

Dear Client, When you don't want divorce and continue with the married life despite toxic situations, you may consider judicial separation, which is a viable option in the given scenario. Under the Hindu Marriage Act, 1955, judicial separation is governed by Section 10 of the Act. If the court is satisfied with the grounds presented, it can pass a decree for judicial separation. Once such a decree is issued, it relieves the parties from their matrimonial duties and obligations, except for the duty to cohabit. Judicial separation in India allows married couples to live apart while remaining legally married, providing them a chance to resolve their issues or move toward divorce. The grounds for judicial separation are specified in sub-section (1) of section 13, and in the case of a wife, also on any of the grounds specified in sub-section (2) of Section 13 of the Act. Once a decree for judicial separation is passed, the petitioner is no longer obligated to cohabit with the respondent. The marriage remains legally intact, but the parties are permitted to live separately. The burden of proving the grounds for judicial separation lies with the petitioner. In judicial separation, you still remain legally married to your spouse and are entitled to share all the social securities and financial liabilities. The rights of separated spouses to inherit the property do not change as a result of judicial separation in India. Further, from the prolonged contents of your query, it appears that you are worried and upset with the progress in investigation and inaction of the investigating authority in your FIR made under Section 498A IPC against your in-laws and husband. In the given scenario, you can bring the matter to the notice of the higher authority of the Police Depts. and can also file a complaint with the Chairperson, State Human Rights Commission, or the State Police Complaint Authority, who are independent bodies empowered to investigate complaints against police officials. Apart, a writ of mandamus is typically issued by the High Court under Article 226 of the Constitution of India when a public authority has failed or refused to perform a mandatory duty despite being requested to do so. The writ of mandamus is primarily used against public authorities to compel them to perform their statutory duties and a crucial legal remedy that reinforces accountability and ensures public officials perform their duties as mandated by law. In the given scenario, if you are well equipped with substantial evidence to prove your claim, filing a writ of mandamus before the High Court under Article 226 of the Indian Constitution is a viable option to access appropriate relief in the matter. Hence, it is recommended to consult with an Advocate specialising in matrimonial and criminal cases for tailored advice to understand your rights and remedies to navigate the issues effectively.

Dear Sir, Sale agreement may hold good only if necessary stamp duty and penalty for non-registration is paid. You may get issue a legal notice and cancel the sale agreement and claim refund. For full procedure contact me on mobile through Vidhikarya.