Waiting for Justice... but how long

It’s close to a decade I am associated with the legal system actively. I have counselled many clients related to various matters from petty issues of conflict to serious crimes across various strata of society, women and child issues haunt the most while there are many related to cheque bounce and property disputes.

As a lawyer my primary goal is to resolve the conflicts my clients face with right legal advice and actions be taken as prescribed by the law of the land. One of the most important things I focus is on Speed of resolution. Sooner the issue resolves happier are the clients. A lawyer’s role is similar to that of a doctor; give the right medication so that the patient overcomes the illness ASAP… 

Unlike the doctor whose focus is the health of the patient a lawyer according to me has a very vital role to play to ensure the health of the society is maintained at the very best. Counselling plays a very vital role in resolving the disputes especially traffic violations, family and financial matters.

I started to research from various sources across the internet, newspapers, legal databases and many more sources to compile an interesting statistic that often I open up to my clients during the conversation and show them the pain one has to go thru when he/she files a case that can be otherwise resolved amicably thru alternative means. Of course I charge my fees for the clients who consult me but I feel satisfied that the matter is resolved without wasting time for all the parties involved and helped reduced some burden on the already overburdened judiciary ….

Here is snapshot I’ve compiled on the cases pending in Indian courts …

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       As of Dec 2015 the Supreme Court of India had  approximately 47,000 civil cases and approximately 10,750 criminal cases pending and out of these 125  civil and 75 criminal are pending since 10 years

-          Between 2013 and 2015 the Supreme Court if India disposed of ~132600 One Lakh Thirty two thousand  six hundred cases and in the same period between 2013 and 2015 the US Supreme court disposed 288 cases, UK Supreme court 272 cases, African courts resolved 771 whereas Supreme courts of our neighbors Pakistan and Bangladesh resolved ~55000 and ~43000 respectively

-          As of Jan 7^th 2016, the data shows 45 Lakh cases pending before various high courts of India, and out of these approximately 10 Lakh are criminal cases and with the unfilled vacancies and various other barriers in the process including availability of lawyers, filing process time and first time right defect free filing etc… its predicted that the pending cases will reach One Crore by end of 2016.

-          Overall, the total number of pendency across all courts in the country -- trial courts, high courts and the Supreme Court stands at 3.25 Crore cases as of Jan 2016 out of which at least 12% of cases are more than 10 years old.

-          The commendable job done by the Indian judiciary although the case backlog continues to grow due to various challenges the disposal rate has been more than 97%. Looking at the data between 2002 and 2012 indicates 1.18 Crore cases were filed out of which 1.15 Crore cases were decided by the major high courts of India.

-          The problem today is not about disposing the case, or the quality of justice delivered but the burden on the judiciary is because of the enamors  backlog of 3.25 Crore cases pending in various courts of India, out of which approximately 30 Lakh cases are pending since last 10 years is a bigger problem

-          The 245^th law commission report says 37% of the cases pending are of traffic violations and 8% are cheque bounce.

-          55,000 couples are waiting for divorce in India. Bangalore alone has more than 9000 cases pending in the family court with couples jostling to sort out matrimonial issues. Every year 500+ new cases are filed and is increasing year on year with as many as 60 – 70 cases come up for hearing every day

The Bar Council of India (BCI), the regulator of all Indian advocates, states on its website that there are “approximately” 12 lakh+ lawyers in India plus “approximately” 400,000 to 500,000 studying law at this very minute, churning out “approximately” 60,000 to 70,000 graduates every year.

Now just imagine if every lawyer decides he/she will ensure to resolve at least one case in a month thru counselling and not allow it to reach the doors of the courts at this rate of in 3 years more than 5 Crore cases will not reach the judicial system and will be resolved OUT OF COURT

As a lawyer, is it not our moral duty to reduce the burden on the judiciary by advising an out of court as a first option followed with other options …

You may wish to comment on this blog post… or write to me directly at lawyersonia@gmail.com 

How do I legally change my Name in India

"A rose by any other name would smell as sweet" is a frequently referenced part of William Shakespeare's play Romeo and Juliet. But in reality and the truth is that names are a part of every culture and they are of enormous importance. In genealogy one usually concentrates on surnames since they are the most important way of identifying people who are related. In the Society we live, names are used for identification purpose. 

A child's given name or names are usually chosen by the parents soon after birth. If a name is not assigned at birth, one may be given at a naming ceremony, with family and friends in attendance. In most jurisdictions, a child's name at birth is a matter of public record, inscribed on a birth certificate, or its equivalent. Parents may choose a name because of its meaning. This may be a personal or familial meaning, such as giving a child the name of an admired person, or it may be an example of nominative determinism, in which the parents give the child a name that they believe, will be lucky or favorable for the child for various astrological or neurological reasons.

There are many a reasons why people change names… a few that I have come across facilitating the name change for my clients are…

• Name change because he/she is not liking the given name

• Post marriage girl changes her last name taking up her husband’s name 

• Now a days it’s also in fashion where husbands take his wife’s surname

• Changing the child’s surname 

• Couples combine two surnames and form a new one which is a combination of both husband’s and wife’s family

• Girl reclaiming her median name after separation or divorce

• Name change due to change in religion 

• Desire for an ethnic name encouraged by medieval culture

• Name change due to suggestion by astrologers / numerologists

• Desire to shorten a long name

Process for Name Change 

Generally the process of changing name (from old name to new name) involves three steps 

• Affidavit 

• Newspaper Publication 

• Gazette Notification.

Affidavit 

If you need to apply for a passport, visa or a job, you'll need to verify your citizenship. An Affidavit of Name Change is evidence of your identity. It will work for anyone who has used a name that has not been changed officially by a court or changed through marriage. 

In your affidavit you have to mention carefully the specific reason or reasons for which you want to change your name. You must have a valid reason for changing your name. 

You can meet a lawyer with 3 passport size photographs, Age proof document, ID proof document, and an Address Proof document. 

Your lawyer will facilitate the entire process of name change which includes drafting the affidavit as per the reason for change in name, completing the legal process of gathering signatures, notarizing / attesting the document. 

For married women,  you need to provide either ‘Annexure D’ i.e., Joint Affidavit or your ‘Marriage Certificate’ as a supporting document for the Change of Name in Indian Passport.

Newspaper Publication

Post name change, it’s important to ensure it published in the new paper. You can do it yourself or outsource this to the lawyer, since he/she has connects and is more frequent job of a lawyer the process will be completed soon with hardly any hazels. 

It’s advisable to have the name change published in both local language newspaper and English language newspaper. 

The newspaper content should include 

• Your Previous Name

• Your Current Name (Changed Name)

• Husband’s Name & Date of Marriage (In Case of Married Women)

• Current Address

• Date of Affidavit

• Name of Notary

Gazette Notification 

The last step is to get your Change of Name published in the Gazette of India.

The documents that will be required in lieu with this step are

- Request/Forwarding Letter 

- Specimen for Change of Name

- Original Affidavit

- Original Newspaper Advertisement

- Specimen for Change of Name

- A Postal Order/Demand Draft (INR 1000)

- Two photographs

- Form / Certificate with Applicant Signature

- Undertaking by the applicant 

- Self-Attested Photo ID Proof

Note: Gazette notification is not a mandatory step in all states, its valid only for few states in India. This notification is more valid especially as a supporting document for change of name in almost all major Indian documents like Pan Card, Ration Card, Andhra Card, and Passport etc…

Trust this information is helpful to you, in case you need any further assistance you may wish to reach me at lawyersonia@gmail.com

How to Send a Legal Notice or How to Respond to a Legal Notice

What is a Legal Notice

Legal notice is a formal communication to a person or entity informing him that you intend to undertake legal proceedings against him / her. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against him/her, if he/she fails to comply with some specified condition.

 

In what cases can we send a Legal Notice

Most common cases where I have engaged with my clients in sending legal notices is in case of Property disputes, Dishonor of Cheque, Family disputes pertaining to asset distributions, Husband / Wife conflicts as a warning before taking legal action against the spouse, Consumer complaints and cases where salary / wage commitments are not met.

 

How to send a Legal notice / what is the process for sending a Legal Notice

Many times we do not know the legal importance and meaning of the usual words which we use in a casual manner, engaging a qualified lawyer helps in drafting the legal-notice. Extreme care is taken about the choice of words and language used and measures of caution about not admitting any fact which you may later be denied in a court of law.  Once the legal notice is dispatched than you cannot make any changes in that and later on also you cannot make any contradictory statement from what you have already stated in a legal notice. The Notice is sent on a plain paper or on the letterhead of the lawyer.

 

Step 1: Connect with a lawyer who carries good in drafting skills, the notice can be sent in any Indian Language, usually English is been the preferred choice of my clients. The notice should be addressed to the person against whom you have the grievances.

 

Step 2: In your consulting session with the lawyer, please explain the information in detail with names of parties involved; address, dates when commitments were made and not honoured, challenges and issues faced, any previous attempts of dialogue etc…

Especially in case of husband-wife dispute, in my personal experience I have observed a legal notice often brings the spouse for negotiation and in many instances disputes are resolved via counselling or mutual consent  

 

Step 3: The lawyer carefully studies your information shared, makes relevant and required notes in the conversation with you and seeks any additional information if required.

 

Step 4: The lawyer then drafts the notice in a legal language clearly mentioning the reason for sending the notice, all previous communications regarding the cause of notice and offer the addressee a reasonable time say 15 days or 30 days or 60 days to settle the matter by negotiating and by performing the desired action.

Depending on the grievance usually the lawyers on behalf of the client sending the notice stress for an action to be performed in the stipulated period of time to either fulfils the demand or seek a reply.

 

Step 5: The notice is duly signed by both the client and the lawyer and is either sent via Registered Post or Courier and ensure the acknowledgement is retained. Usually a copy of the notice is retained by the lawyer.

 

Step 6: The expectation is after the notice is received by the other party; he/she will reply back, but as a standard best practice the lawyer in some time calls up the other party. I ethically believe it’s a good practice to follow and especially in cases of husband-wife conflicts usually I call up the person to whom notice is sent requesting to come up for counselling or discussion and try resolve matters out of court.

 

What should you do after receiving the Legal Notice

In case you are not the sender but have received a legal notice the steps to be followed are as follows:

Step 1: Unlike a traditional advice, not always after receiving the legal notice you need to consult a lawyer. You can opt to call up the party in concern who has sent you the notice to amicably settle down the matter and resolve the same in the best interest of time and money.

 

Step 2: If you believe the notice sent or the information in the notice is not accurate or need to contest and need legal help, approach a qualified lawyer who can take necessary actions. The first step after reaching the lawyer is to share your side of the story and the facts with date and time when the events occurred so that the lawyer will review the notice you have received and will draft a reply based on the facts collected from you.

 

Step 3: In this case too, the lawyer will send the reply to the notice via courier or registered post.  A copy of the notice sent and received both are retained in the lawyer office along with the acknowledgement receipts or all communications. Your lawyer will also in sometimes communicate with the lawyer of the other party to enable a smooth flow and try resolving matters at your end.

The exchange of legal notices usually results in the commencement of litigation between the parties as the party sending the notice may take recourse to civil/criminal law remedies.

 

Points to remember

·  The party being served with the lawsuit / notice is called “the respondent” or “defendant”. A legal notice may be responded to only if it has merit and needs to be replied to.

·         One of the simplest reasons to understand why legal notices are used deals with fairness. It is possible that the notice sent by the plaintiff may not reach the respondent, this can be due to change in address location or information about the respondent is not available to the plaintiff, so far I have not come across such a situation, there are definitely certain legal steps we can take in these situations.

·         If the notice has substance and the facts stated therein, if litigated against in the court would go against you, then do consult a qualified and reputed lawyer who practices in the issues related to the notice being sent and discuss with him / her. For ex. If the notice is with respect to property disputes visit a civil lawyer, or if family disputes visit a lawyer who practices family law and so on…

·         Leave it to your lawyer whether or not to reply the notice.  Your initial consultation with the lawyer will help you understand if its required to reply or not or what are the right steps to resolve the issue at hand.

·         In case the notice is converted into a suit it’s mandatory for you to respond. Ensure all your facts are in place so that the next steps by your lawyer are advised in due course of action.

Legal notices are a vital principal of the courts providing fairness and due process by giving all parties affected by the lawsuit or legal proceeding notice of the legal procedure. No party can operate in secret and all court actions must be apparent to all parties to the case.

In my experiences especially in matters of cheque defaults and family disputes, husband wife conflicts I have resolved matters before reaching the courts through counselling and arbitration / mediation and mutual understanding, legal notice plays a very vital role here and it all depends on how you draft one, the focus of your lawyer should be to resolve the issue at hand and not to create or escalate tensions. 

You may wish to reach me at lawyersonia@gmail.com for further advice or guidance.

You may also like to read about Divorce by Mutual Consent visiting the link below
http://lawyersonia.blogspot.in/2017/02/how-to-get-divorce-by-mutual-consent-in.html