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Frequently Asked Questions (FAQs) – Kapil Dixit LLP®

At Kapil Dixit LLP, we understand that legal matters can be complex, and individuals often have several questions before proceeding with legal action. Below are some frequently asked questions covering various legal topics.

Divorce & Family Law

Can a spouse refuse to grant a divorce in India?

Yes, in a contested divorce, one spouse can oppose the divorce, requiring the petitioner to prove valid legal grounds such as cruelty or adultery before the court grants the divorce.

What is the difference between judicial separation and divorce?

Judicial separation allows spouses to live apart while remaining legally married, whereas divorce completely dissolves the marriage, allowing both parties to remarry.

What is Mediation in Divorce The Best Ultimate Guide to in 2024

Criminal Law

Can a criminal case be withdrawn after filing an FIR?

Yes, in some cases, the complainant can file a withdrawal petition, and the court may allow it based on legal merits, especially in compoundable offenses.

What is the difference between bail and anticipatory bail?

Bail is granted after arrest, whereas anticipatory bail is sought before arrest to prevent detention in cases where a person fears arrest in a non-bailable offense.

Before Choosing criminal lawyer in bangalore

Property & Real Estate Law

What legal steps can be taken if a builder delays possession of a property?

The buyer can file a case under RERA (Real Estate Regulation Act), approach the consumer forum, or initiate a civil suit for compensation and possession.

What is an adverse possession claim in property law?

Adverse possession allows a person to claim ownership of a property if they have possessed it openly, continuously, and without interruption for 12 years (private property) or 30 years (government property).

What is Mediation in Divorce The Best Ultimate Guide to in 2024

Corporate & Commercial Law

How can businesses protect themselves from breach of contract?

Businesses should draft legally binding agreements, include penalty clauses, conduct due diligence before signing contracts, and seek legal recourse in case of non-compliance.

What are the legal consequences of non-compliance with company laws?

Non-compliance can result in penalties, fines, director disqualification, or even criminal prosecution under the Companies Act, SEBI regulations, and other applicable laws.

Legal assistance in corporate law, commercial contracts, and business compliance.

Consumer Protection Law

Can a consumer file a case against an e-commerce company for delayed delivery?

Yes, a consumer can file a complaint under the Consumer Protection Act for deficiencies in service, misleading advertisements, or failure to deliver as promised.

What legal remedies are available for victims of online banking fraud?

Victims should report the fraud to their bank within three days, file a complaint with the Cyber Crime Cell, and approach the Consumer Forum for financial recovery.

Legal assistance in consumer rights, unfair trade practices, and dispute resolution.

Cheque Bounce Cases

What if the drawer of the bounced cheque is untraceable?

The complainant can still file a cheque bounce case, and the court can issue a summons and an arrest warrant if the accused fails to appear.

Can a cheque bounce case be filed against a company?

Yes, a case can be filed against both the company and its directors if the cheque was issued by a business entity and has bounced due to insufficient funds.

Quashing Of FIR: Legal Grounds, Guidelines, and Landmark Judgments

High Court & Supreme Court Matters

Can a Supreme Court ruling be challenged?

Supreme Court decisions are final, but under special circumstances, a review petition or a curative petition can be filed to reconsider the judgment.

What is the difference between a review petition and a curative petition?

A review petition is filed when there is an apparent error in judgment, while a curative petition is the last resort after exhausting all legal remedies to correct gross injustice.

Quashing Of FIR: Legal Grounds, Guidelines, and Landmark Judgments

Debt Recovery & Financial Disputes

What legal action can be taken if a borrower defaults on a personal loan?

The lender can issue a legal notice, initiate civil recovery proceedings, file a summary suit, or, in the case of secured loans, invoke SARFAESI Act provisions.

Is verbal lending enforceable in court?

Yes, verbal loan agreements can be enforced if sufficient evidence, such as witness testimony, bank transfers, or acknowledgment messages, supports the claim.

Legal assistance for debt recovery, financial disputes, and creditor rights enforcement.

Service & Employment Law

Can an employer terminate an employee without notice?

No, unless specified in the employment contract, termination without proper notice or compensation may be deemed unlawful, and the employee can seek legal remedy.

What legal protections exist for gig workers and freelancers in India?

Gig workers and freelancers are protected under the Code on Social Security, allowing them to avail benefits such as insurance and dispute resolution for non-payment.

:Service & Employment Law
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