Byte-Sized Law

  Can You Approach the High Court if a Statutory Authority Exceeds Its Legal Powers? If a statutory authority takes an action beyond the powers given to it by law , judicial review by the High Court may become relevant. Article 226 of the Constitution gives High Courts wide powers to issue appropriate writs, orders and directions, including in cases involving unlawful exercise of statutory power. The important question is not simply whether an authority's decision is unfavourable. The issue may be whether the authority has acted without jurisdiction, beyond the limits of its statutory power, contrary to mandatory legal requirements, or in breach of principles of natural justice . What does “exceeds jurisdiction” mean? A statutory authority must generally act within the powers conferred upon it by the legislation governing its functions. A potential jurisdictional challenge may arise where an authority: exercises a power that the statute does not confer; acts beyond the li...

  Received a Legal Notice Containing Incorrect Facts? What Should You Do? Receiving a legal notice containing allegations that you believe are incorrect can be unsettling. But do not ignore the notice or respond impulsively . The first step is to separate the allegations from the facts and verify what can actually be supported by documents. A legal notice is generally a communication asserting a legal grievance or demand. Its allegations are not automatically established merely because they appear in the notice. If the matter later reaches court, the parties may have to establish their respective factual and legal positions through pleadings and evidence. Start by checking every allegation Read the notice paragraph by paragraph. Make a separate note of: facts that are correct; facts that are partly correct; facts that are completely disputed; allegations for which you have documentary evidence; and statements that require clarification. Do not simply describe the e...

  When Should a Legal Notice Be Sent Before Filing a Civil Case? Received a dispute over money, property, contract, possession or another civil right? A common question is: “Should I send a legal notice before filing the civil suit?” The answer depends on the nature of the dispute. A legal notice is not automatically mandatory before every civil suit , but in many situations it can be practically useful. In some categories of cases, however, a statutory notice or pre-litigation process may be required. When can a legal notice be useful? A pre-litigation legal notice may be appropriate when you want to formally communicate: the existence of a legal grievance; the facts giving rise to the dispute; the contractual or legal obligation allegedly breached; the relief being requested; and a reasonable opportunity to resolve the matter before litigation. For example, in a money recovery dispute , the notice may demand payment. In a property dispute, it may call upon the re...

  Can an NRI Execute a Property Transaction in India Through a Power of Attorney? Yes. An NRI can generally authorise a person in India through a Power of Attorney (POA) to handle specified property-related acts , such as appearing before authorities, managing documentation or, where properly authorised, executing and presenting documents connected with a property transaction. However, an NRI property POA should not be treated as a simple authorisation letter. Its execution, authentication, stamping, registration and precise powers granted can affect whether it is accepted for the intended transaction. How does an NRI execute a POA from abroad? Section 33 of the Registration Act, 1908 specifically provides for recognition of a Power of Attorney where the principal resides outside India. Among the recognised methods is execution and authentication before a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or specified representative of the Central Governmen...

  What Documents Are Needed for a Motor Accident Compensation Claim in India? After a road accident, collecting the right documents can make a significant difference when pursuing compensation. A Motor Accident Claims Tribunal (MACT) claim may involve questions about the accident, injuries, treatment, income, disability and the vehicles involved. The exact documents required can vary according to the facts and procedural requirements of the case. Under Section 166 of the Motor Vehicles Act, 1988, compensation claims can be presented before the Claims Tribunal having the relevant jurisdiction, and the Tribunal can conduct an inquiry and require production of documents and evidence. 1. Accident and police records Keep copies of documents relating to the accident, such as: FIR, where registered Police complaint or accident report Site plan, if available MLC or medico-legal report Charge-sheet/final report, where applicable Photographs or videos of the accident scene ...

  Insurance Claim Rejected Due to Policy Exclusion? Know Your Legal Options in India Has your insurance claim been rejected because the insurer says that the loss or treatment falls under a policy exclusion ? A rejection letter does not necessarily end the matter. The policy wording, circumstances of the claim, documents submitted and the insurer’s specific reason for repudiation need to be examined carefully. First, check the exact exclusion relied upon Ask for and carefully examine the repudiation/rejection letter and the precise clause cited by the insurer. An exclusion should be considered in the context of the complete policy terms, including definitions, conditions, endorsements and coverage provisions. The Supreme Court has reiterated that insurance contracts are generally construed according to their terms and that exclusion clauses are interpreted strictly. It has also recognised that the insurer bears the burden of establishing the applicability of an exclusionary cl...

  Can a Consumer Complain About Hidden Charges Added After Placing an Online Order? You order a product online after seeing an advertised price, proceed to checkout, and then discover an unexpected fee. Sometimes the final amount includes delivery, handling, platform or other charges that were not clearly disclosed when you decided to purchase. Can such hidden or undisclosed charges be challenged? Depending on the circumstances, a consumer may have grounds to raise a complaint where charges were not properly disclosed or the pricing representation was misleading. The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 provide a framework for protecting consumers in online transactions. The E-Commerce Rules apply to goods and services bought or sold through digital or electronic networks and cover different e-commerce models. When can an unexpected charge become a consumer issue? Not every additional charge is automatically unlawful. For exampl...