Frequently Asked Questions

If arrested in India, you have several fundamental rights protected by the Constitution:

• Right to know the grounds of arrest
• Right to consult and be defended by a legal practitioner
• Right to be produced before a magistrate within 24 hours
• Right to not be compelled to be a witness against yourself
• Right to free legal aid if you cannot afford a lawyer

It's crucial to exercise these rights calmly and respectfully while dealing with law enforcement.

The duration of court cases in India varies significantly depending on:

• Case complexity: Simple matters may resolve in months, while complex litigation can take decades
• Court level: Lower courts vs. High Courts vs. Supreme Court
• Location: Some jurisdictions have heavier caseloads than others
• Type of case: Criminal, civil, matrimonial, property disputes, etc.

On average, a routine civil case might take 3-5 years in trial court, with additional time if appealed. Recent judicial reforms and alternative dispute resolution mechanisms are helping reduce these timelines.

When a tenant refuses to vacate after the lease term has expired or been terminated:

1. Send a formal legal notice through your lawyer demanding possession
2. If they still don't vacate, you may file an eviction suit in the appropriate court
3. Grounds for eviction include non-payment of rent, breach of lease terms, or personal requirement
4. The specific process varies under different state rent control laws

Never attempt self-help measures like changing locks or disconnecting utilities, as these may be illegal. Always follow due process of law.

The Protection of Women from Domestic Violence Act, 2005 provides comprehensive protection:

• Right to reside in the shared household
• Protection orders preventing further violence
• Residence orders regulating accommodation
• Monetary relief for expenses and losses
• Custody orders for children
• Compensation orders for damages/injuries

You can file a complaint with the local Protection Officer or directly approach the Magistrate Court. Emergency orders can be obtained quickly in urgent situations.

Yes, verbal agreements are generally legally binding in India, with some exceptions:

• The Indian Contract Act, 1872 governs agreements, and oral contracts are valid if they meet all essential elements of a contract
• However, certain types of agreements must be in writing to be enforceable, such as:
  • Contracts for transfer of immovable property
  • Leases for more than one year
  • Agreements to pay time-barred debts

The main challenge with verbal agreements is proving their existence and terms in court. Written agreements are always preferable to avoid disputes.

To recover money legally owed to you:

1. Start with a formal demand notice giving a reasonable deadline for payment
2. If unpaid, you may file a civil suit for recovery in the appropriate court
3. For sums up to ₹20 lakhs, you can use the fast-track summary procedure under Order XXXVII of CPC
4. For larger amounts, a regular money suit would be appropriate
5. Alternative options include negotiation, mediation, or arbitration if provided in your agreement

Preserve all evidence of the debt (agreements, promissory notes, checks, bank transfers, and correspondence). The limitation period for filing recovery suits is typically 3 years from when the debt became due.