Menu
keyboard_backspace
Consult and get Expert Advice on Torts Laws matters from the best Torts Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Torts Lawyers
in India

Read Blogs to get more Insights

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

Go to Blog

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

Go to Blog
{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Torts Lawyers in India

Abhimanyu  Shandilya

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Torts
  • Banking
  • Civil
  • Commercial
  • Criminal
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. My law firm Shandilyaz Advocates & Counsels deal with all kinds of cases. I am empaneled lawyer for LIC and National Insurance Company. View Full Profile
Total Answers Given : 607
GANESH  SHARMA

GANESH SHARMA

Criminal Lawyer
Exp
Faridabad , Haryana

Specialization

  • Torts
  • Divorce
  • Civil
Experts in Divorce cases, Criminal Cases, Property disputes, Civil Matters etc.. View Full Profile
Total Answers Given : 409
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Torts
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Torts
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
Dharmendra  Damani

Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Torts
  • Property
  • Financial Markets And Services
  • Landlord And Tenant
  • Power Of Attorney
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Torts
  • 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
Prahallad  Rana

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Torts
  • Civil
  • Family
  • Registration
  • Tax-Property Tax
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
S.S  Gosavi

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Torts
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Landlord And Tenant
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Torts
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Torts
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Tort?
  • What is Tort Law?
  • What are the Important Aspects Torts?
  • What are the General Defences to Torts?
  • What are the Types of Torts?

What is Tort?


The origin of the word tort is the latin word ‘tortum’ which means ‘to twist’. Tort does not have a standard universal definition but the generic idea is that tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. Not all civil wrongs are torts.

What is Tort Law?


Tort law in India is a relatively new common law development supplemented by codifying statutes including statutes governing damages. While India generally follows the UK approach, there are certain differences which may indicate judicial activism, hence creating controversy. Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available. If there is no remedy it cannot be called a tort because the essence of tort is to give remedy to the person who has suffered injury.

Important aspects of Law of Torts:


For an act to constitute a tort, it must satisfy certain conditions, there must be some act or omission on the part of the defendant, which in turn should have resulted in legal damage (injuria), i.e., violation of a legal right vested in the plaintiff.

The relevant factor for commission of tort is the presence of a ‘legal damage’ which need not be causing actual tangible damage, whereas, an act which is causing some substantial damage but not a legal damage would not constitute tort. For example, in cases of trespass, the person trespassing may not damage the property he entered but would still constitute a legal injury, whereas, in case a competitor due to whatever legal reasons may cause massive losses to another person but would still not have committed a Tortious act.

Torts don’t necessarily stem from Statutes only and can stem from common law principles. Torts in India stem like the other common law jurisdictions stems from both statute and common law.

General Defences to Torts:


There are certain defences which are of a generic nature and can be availed in most of the tort cases. They are the following-

  • Volenti non fit injuria – this refers to voluntary assumption of risk. When someone suffers harm with their own consent then it acts as a complete defence for the defendant. However, mere knowledge of the risk(scienti non fit injuria) does not imply consent, for example, if a driver is forced by his employer to drive a vicious horse and he drives that under protest, then he will be entitled to claim such compensation in case an injury is caused to him(Bowater v. Rawley Regis Corporation). Doctrine does not imply to rescue cases though.
  • Plaintiff the wrongdoer – No action arises from an immoral cause. If the harm suffered by the plaintiff is fundamentally linked with the wrong act of himself then the defendant may use it as a defence. For example, if the plaintiff drives an overloaded truck despite strict instructions not to, and eventually suffers harm due to the bridge breaking, then the defendant has a defence available. However, plaintiff is not disabled from recovering in tort unless some unlawful act or conduct on his own part is connected with the harm suffered by him as part of the same transaction.
  • Inevitable Accident – An unforeseeable & unavoidable accident in spite of reasonable care taken on defendant’s part acts as a defence. Inevitable refers to a situation wherein it was not avoidable by the precautions which a reasonable man would have implemented.
  • Act of God – It is similar to the idea of “Inevitable Accident”, but the forces here are forces of God/Nature, i.e., floods, storms, etc. It acts as a defence to the idea of “Strict Liability”.(summary of ‘strict liability’ is below)
  • Private Defence – Law permits use of reasonable force to protect one’s person or property. However there should be presence of an ‘imminent threat’.
  • Mistake – Mistake, whether of fact or law, is generally not a defence for torts. However, in torts requiring malice as an element, the liability does not arise when the defendant acts under an honest and mistaken belief.
  • Necessity – An act causing damage if done under necessity to prevent greater evil is not actionable even though harm was caused intentionally. For example, throwing goods overboard a ship to lighten it for saving the ship and persons on board the ship.
  • Statutory Authority – When an act is done under the authority of an Act, it is a complete defence and the injured party has no remedy except for claiming such compensation as may have been provided by the statute.

Types of Tort Law


There are three primary categories of tort law- intentional torts, negligent torts and strict liability torts. In India the concept of absolute liability also exists which shall be spoken of later.

  • Intentional torts are those torts which are committed with the intention of undergoing an activity which would end up in causing injuria (violation of legal right) of someone for example trespassing or battery(harmful or offensive contact with another person).
  • Negligent torts are those torts that are born out of negligence on part of person and not because of the intention to cause a legal harm to someone, for example, if someone breaks a cup in anger part of which end up hurting someone else. Then there are strict liability torts, sometimes seen as product liability torts, these are torts when there is an imposition of liability on a party even in the absence of finding of a fault like a tortious intent or negligence, for example the production head of a company being strictly liable even for a fault committed by a labourer working under him.
  • The concept of strict liability was discussed in the case of Rylands v. Fletcher. In this case, the defendant had constructed a water reservoir which his hired engineers ended up building on top of an abandoned coal mine, Rylands (the defendant) was unaware of this fact. Eventually the reservoir broke down and ended up harming Fletcher’s coal mines for which a lawsuit was subsequently filed. Rylands was held “strictly liable” and it was observed that a person who for his own purposes keeps on his land anything with the potential of causing mischief will be prima facie answerable for the damage which happens as a natural consequence of its escape.

In India, there is a unique concept known as the principle of “Absolute liability”. In the case of ‘M.C. Mehta v. Union of India’ there was leakage of oleum gas which caused harm to the people exposed to the gas leak. It was in Court’s mind that an year ago Bhopal Gas Tragedy had happened hence Court gave a judgement befitting of a crime of a nature which has the potential to cause such great tragedy. The ratio followed here was similar to the concept of Strict Liability with the addition of ‘Absolute Liability’ not being subjected to any of the exceptions or defences of the rule of Strict Liability.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter
Get the best Lawyer
for your Case

Top Responding Lawyers
on Torts Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 3 Year(s)
As a advocate
Aurangabad
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
ed97dd09ba2326865a4467cbb2e8877b.webp
Experience: 18 Year(s)
Advocate
Chennai
a7380f76a37f95339ae0b26a6630369b.jpg
Experience: 5 Year(s)
Advocate
Patiala
c067b4786f04625249cc8b7a62389e6b.jpg
Experience: 1 Year(s)
Advocate, Madras high court
Chennai
7ca840377e76369734a338177b23adfd.jpg
Experience: 3 Year(s)
Advocate
Kolkata
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
43da408ded866db2858a3b992d6410b1.jpg
Experience: 5 Year(s)
advocate
Nagpur
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
3d468e1c95191b06fce7.webp
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
365c3942034dac70476c492af828705e.jpg
Experience: 17 Year(s)
Advocate
Patna
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us