Frequently Asked Questions

A commercial dispute in India typically refers to a disagreement or legal conflict arising out of business transactions, contracts, or commercial dealings. This includes issues related to the breach of contract, non-payment of dues, intellectual property rights violations, partnership disputes, and more. These disputes are usually resolved through the commercial courts or the Arbitration and Conciliation Act, 1996, depending on the nature of the case.

Commercial disputes in India can be resolved through various methods such as litigation, arbitration, or mediation. Litigation involves taking the dispute to court, while arbitration is a quicker alternative where a neutral third party resolves the issue outside of the court system. Mediation allows both parties to discuss and agree on a resolution with the help of a mediator. The choice of method depends on the nature of the dispute and the preferences of the parties involved.

Businesses facing commercial disputes in India have several legal options. They can approach the court for civil remedies such as compensation, injunctions, or specific performance. If the parties have an arbitration clause in their contract, the dispute can be referred to arbitration. Additionally, businesses can opt for alternative dispute resolution mechanisms like mediation or conciliation to avoid lengthy litigation.

The time required to resolve a commercial dispute in India depends on various factors, including the complexity of the case, the method of resolution, and the backlog of cases in the relevant court. While arbitration can typically resolve a dispute within 6-12 months, court proceedings may take several years, particularly if the case is complex and involves appeals.

If your baggage is lost by an airline in India, you can file a complaint with the airline's customer service desk. If the matter is not resolved amicably, you can escalate the issue by approaching the Directorate General of Civil Aviation (DGCA) or filing a claim in the consumer court. Under the Civil Aviation Requirements, airlines are liable for lost baggage and must compensate passengers for the loss or damage to their baggage as per the relevant guidelines.

If you experience negligence by an airline in India, such as delays, missed connections, or poor customer service, you can file a formal complaint with the airline. If the issue is not resolved, you can approach the DGCA or file a consumer complaint in a consumer court. Airlines are obligated to maintain a standard of care and address grievances under the Consumer Protection Act and the Civil Aviation Requirements issued by the DGCA.

If an NRI is accused of dowry harassment, they can contest the charges by filing for anticipatory bail and challenging the validity of the case. Depending on the evidence, the accused can argue that the complaint is false or motivated. It is crucial for the NRI to consult a legal expert familiar with Indian matrimonial law to navigate the legal complexities and defend their rights.

Anticipatory bail is a legal provision under Section 438 of the Indian Penal Code that allows a person to seek bail in anticipation of an arrest. If a person fears that they may be arrested for a non-bailable offense, they can apply for anticipatory bail in a higher court. If granted, the person can avoid arrest until the final trial, subject to conditions set by the court.

The process to obtain anticipatory bail in India can take at the appropriate jurisdiction from a few days to a few weeks, depending on the urgency of the case and the court's schedule. Once the bail is granted, the individual can avoid immediate arrest, but the case will still proceed through the trial process.

The process for quashing a police FIR involves filing a petition in the High Court. The petition must show that the FIR is legally unsustainable, malicious, or filed with improper motives. If the court is satisfied with the evidence, it may quash the FIR and drop the charges. However, quashing of an FIR is only possible if the court finds that the case lacks merit or is an abuse of the legal process.

Yes, an FIR can still be quashed even after charges have been framed, but the chances are slim. Once charges are framed, the case typically moves to trial. However, if there is a compelling reason, such as a settlement between the parties, or if the charges are found to be false, the High Court can quash the FIR even at this stage.

Legal valuation of property or land refers to the process of determining the fair market value of a property for legal purposes, such as sale, inheritance, or dispute resolution. A qualified valuer provides a detailed report under the instructions & supervision of a Solicitor, which can be used in court proceedings, to resolve property-related disputes or financial proceeding in divorce abroad.

Legal valuation is crucial for ensuring that property transactions are carried out at fair and reasonable prices. It provides an independent assessment of the property's worth, which is required for various legal processes such as property sale, taxation, inheritance, or during litigation. Accurate valuations help avoid disputes related to overpricing or underpricing of assets.

In India, legal valuation of property is typically carried out by certified and licensed valuers or government-appointed authorities. The valuation process takes into account various factors such as the property’s location, size, age, condition, amenities, and prevailing market trends. It also considers any legal restrictions, property disputes, or title issues that may affect its value.

Yes, a legal property valuation report can be used in court for matters related to property disputes, inheritance claims, divorce settlements, or tax assessments. The valuation is considered an expert opinion, which can help the court determine the fair market value of the property in question.

In India, property ownership documents can be searched at the local sub-registrar office or through the land records office. The documents that can be searched include the title deed, sale deed and any encumbrance certificates. The process involves submitting a request for document search based on property details such as location, registration number, or survey number.

To search property ownership documents in India, you typically need the following:

• Property details (address, survey number, registration number and name of owner, father's name & grandfather's name)
• Application form (available at the sub-registrar or online)
• Government-issued identification (Aadhaar, passport, etc.)
• Payment receipt for the service, if applicable

The time taken to retrieve property ownership documents can vary depending on the location and the efficiency of the local land records office. On average, it may take anywhere from a few days to several weeks. It is advisable to check with the local office or consult with a lawyer for an expedited process.

If your property in India is illegally occupied, you have several legal options, including:

• Filing an eviction suit against the illegal occupant in a civil court
• Filing a police complaint for trespassing or criminal trespass
• Seeking assistance from local authorities or the revenue department for property disputes

Yes, NRIs (Non-Resident Indians) can file a case for illegal occupation of property in India. NRIs can initiate legal proceedings through a power of attorney or by directly engaging a lawyer in India. They can file an eviction suit in the civil court or approach local authorities to take action against the illegal occupant.

The process of eviction involves filing a civil suit for eviction or a police complaint against the illegal occupant. The court will issue a notice to the occupant and, if the court rules in favor of the property owner, an eviction order will be passed. In some cases, assistance from local police or revenue authorities may be required to enforce the order.

The procedure for tenant eviction involves filing an eviction petition in the local rent control tribunal or civil court. The landlord must prove that the tenant has violated the terms of the lease or rental agreement. If the court rules in favor of the landlord, it will issue an order for eviction. In case of non-compliance, the eviction can be enforced by the police and bailiff.

Yes, NRIs can evict tenants in India by appointing a power of attorney holder or through a legal representative in India. They can file an eviction suit and follow the due legal process to remove a tenant, even if they are not physically present in the country.

A Will is a legal document that outlines a person's wishes regarding the distribution of their property and assets after their death. It is important because it ensures that a person's assets are distributed according to their wishes, and it can help avoid legal disputes among heirs.

To probate a Will in India, the executor named in the Will must file a petition in the relevant district court. The court will validate the authenticity of the Will after examining the documents and evidence adduced, and if approved, the executor is authorized to distribute the assets according to the terms of the Will.

If someone believes that a Will is invalid or was executed under duress, they can contest the Will in the relevant court. Grounds for contesting include lack of proper witnesses, undue influence, or the testator’s mental incapacity. The person contesting the Will must file a petition in the court and provide evidence supporting their claim.

Common import-export disputes in India include issues related to delayed shipments, incorrect documentation, customs clearance problems, non-compliance with trade regulations, breach of contract, or disputes over goods' quality. Businesses often face challenges regarding tariff and non-tariff barriers, anti-dumping regulations, and foreign exchange controls.

Import-export disputes can be resolved through negotiation, mediation, or arbitration, depending on the terms of the contract. If the dispute involves customs or regulatory issues, it may be resolved through administrative channels or by appealing to the relevant government bodies. For international trade disputes, arbitration clauses in the contract often provide an efficient method of dispute resolution.

In India, businesses involved in cross-border trade are protected by laws such as the Foreign Trade (Development and Regulation) Act, 1992, which governs the import and export activities. Additionally, businesses can rely on agreements under international trade laws, including those related to tariffs, non-tariff barriers, and dispute resolution mechanisms such as the WTO agreements. Businesses may also safeguard their interests by incorporating dispute resolution clauses in contracts.

Cross-border trade disputes are typically resolved through negotiation or alternative dispute resolution mechanisms such as mediation or arbitration. International treaties, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), often govern these disputes. Arbitration is particularly popular due to its neutrality and efficiency, with venues like Singapore, London, and Hong Kong serving as common arbitration centers for Indian businesses.

A lawyer plays a crucial role in resolving cross-border trade disputes by advising businesses on legal risks, helping to negotiate settlement terms, and representing them in arbitration or litigation. Lawyers specializing in international trade law assist in interpreting complex international treaties, contracts, and regulatory compliance issues. They can also help businesses enforce foreign judgments or arbitral awards in Indian courts.

Under the Arbitration and Conciliation Act, 1996, India recognizes and enforces foreign arbitration awards in accordance with the New York Convention, to which India is a signatory. To enforce a foreign arbitration award in India, the award must be filed in an Indian court, which can refuse enforcement only on limited grounds, such as public policy violations. Once enforced, the award has the same effect as a decree passed by an Indian court.

The enforcement of a foreign arbitration award in India can be refused on limited grounds, including:

• If the award was obtained through fraud or corruption
• If the award is contrary to Indian public policy
• If the party against whom the award was made was not given proper notice of the arbitration proceedings
• If the subject matter of the dispute is not arbitrable under Indian law

Having an international lawyer review and draft contracts is essential for ensuring that the agreement complies with international laws and regulations. An experienced lawyer can help businesses avoid common pitfalls, such as ambiguities, unenforceable clauses, or lack of dispute resolution mechanisms. A properly drafted contract protects your interests and ensures compliance with the applicable legal frameworks of both countries involved.

When drafting an international contract, several factors must be considered:

• The governing law (jurisdiction) for the contract
• The dispute resolution mechanism (mediation, arbitration, or litigation)
• Cross-border tax implications
• Intellectual property rights and licensing arrangements
• Compliance with international trade regulations and sanctions

Yes, an international lawyer can assist in enforcing contracts across borders by ensuring that the contract contains enforceable provisions under the laws of the countries involved. They can help with the enforcement of judgments or arbitral awards in foreign jurisdictions and advise on the most effective legal actions to take in case of a breach or dispute.

A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources to achieve a specific goal, such as entering a new market, sharing expertise, or conducting research. JVs are particularly important for foreign collaboration because they enable businesses to combine resources and reduce risk when entering unfamiliar markets or navigating foreign legal systems.

When setting up a joint venture in India, legal considerations include:

• Choosing the right structure (e.g., limited liability partnership, private limited company, etc.)
• Drafting a comprehensive joint venture agreement outlining roles, responsibilities, and profit-sharing
• Compliance with Indian foreign direct investment (FDI) regulations
• Taxation, intellectual property, and labor law implications

An international lawyer can assist by advising on the legal structures available in India, ensuring compliance with Indian and international regulations, drafting the joint venture agreement, and helping with the negotiation of terms. The lawyer can also provide guidance on potential risks and help protect the interests of both parties involved in the JV.

The Overseas Citizen of India (OCI) card is a lifetime India visa granted to foreign nationals of Indian origin. It allows them to live, work, and travel to India without the need for a visa. It is a facility offered by the Government of India to people of Indian origin who have obtained citizenship of another country.

OCI cardholders enjoy several benefits, including the ability to travel to India without requiring a visa, the right to own property in India (except agricultural land), access to educational and healthcare services, and the ability to open bank accounts and invest in India. However, they do not have voting rights or the ability to run for public office in India.

Individuals of Indian origin who have obtained citizenship of another country are eligible to apply for an OCI card. Additionally, their children, grandchildren, and great-grandchildren, provided their ancestors were born in India or were citizens of India, may also be eligible. However, citizens of Pakistan, Bangladesh, or certain other countries may not be eligible for an OCI card.

Yes, an OCI cardholder is allowed to work in India, but they are not entitled to hold a government job. The employment opportunities available to OCI holders are similar to those available to foreign nationals working in India. They can also establish businesses or invest in India.

Overstaying your visa in India can result in fines, detention, and deportation. The severity of the penalty depends on the length of the overstay. For overstays of up to 90 days, the penality may be upto INR 50,000 or more along with service charges. For longer overstays, you may face additional penalties and be banned from re-entering India for a specific period, ranging from a few months to several years.

If you have overstayed your visa in India, you can approach the Foreigners Regional Registration Office (FRRO) or the Indian Ministry of Home Affairs to regularize your status. Depending on the circumstances, you may be required to pay a penality, apply for an exit visa, or apply for a visa extension. Consulting with an expert immigration lawyer can help guide you through the process.

Overstaying a tourist visa in India can lead to fines, deportation, and a ban on re-entry. The penalties depend on how long you have overstayed. If the overstay is more than 180 days, you may face deportation and a long-term ban from re-entering India. For a shorter overstay, fines are typically imposed.

Inter-country adoption is the process by which a child is adopted by parents from another country. In India, this process is regulated by the Central Adoption Resource Authority (CARA), and it is governed by both Indian laws and the Hague Convention on Inter-Country Adoption, which ensures that the adoption is ethical and in the best interest of the child.

The inter-country adoption process in India involves several steps. First, prospective adoptive parents (PAPs) must register with CARA and/or an authorized adoption agency. The adoption agency will conduct a home study and verify the suitability of the applicants. After the child is identified and matched with the PAPs, the legal adoption process will begin, including filing the adoption petition in the court.

Yes, foreigners can adopt an Indian child, but they must adhere to the adoption laws and regulations established by CARA and the Indian court system. Foreign adoptive parents must be approved by CARA, and the adoption must comply with the Hague Convention on Inter-Country Adoption. Only children who are legally free for adoption will be considered for inter-country adoption. There are also a provision for adopting a child from relative in India which is called as Relative Adoption which should complied with the prevailing legislation, rules & regulations.

The inter-country adoption process in India can take anywhere from 12 to 24 months or more as per the circumstances. The process includes registration, home study, matching with a child, court proceedings, and immigration formalities. The time frame may vary depending on factors such as the availability of a child, the age and preferences of the adoptive parents, and the efficiency of the court system. Process of Relative Adoption is offten takes less time.

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents is an international treaty that establishes a framework for the service of legal documents across borders. The goal of the convention is to ensure that documents are served properly and in a timely manner, respecting the legal systems of the country where service is to take place.

To serve legal documents in India under the Hague Convention, you must submit a request to the India's Central Authority. The documents must be translated into English or Hindi, and the request for service must be in the prescribed form. The Central Authority of India will then coordinate with the appropriate authorities in India to serve the documents in compliance with Indian law and the provisions of the Hague Convention.

To serve documents under the Hague Convention in India, the documents must be submitted in the correct format, with a translation in English or Hindi, if necessary. The request must also include the address of the person to be served, along with a brief description of the nature of the documents. Additionally, the request must be submitted to the Minsitry of Law or any designated central authority in India for processing.

There are several types of UK Visitor Visas, including:

• Standard Visitor Visa (for tourism, business, or short stays)
• Marriage Visitor Visa (for those coming to marry or register a civil partnership in the UK)
• Child Visitor Visa (for children under 18 visiting the UK)
• Permitted Paid Engagement Visa (for short-term employment in the UK)

The duration of stay on a UK Visitor Visa typically for from 6 months to 12 months, depending on the type of visa and the circumstances of your visit. Generally, most visitor visas are granted for 6 months / 180 days, but certain categories, such as academic visitors, can be granted longer stays but visitor can stay in UK upto the period of 6 months / 180 days unless they have obtained & granted permission to stay longer.

In most cases, it is not possible to extend a UK Visitor Visa. However, if you are applying for a long-term visit visa or if you have exceptional circumstances, you may be able to apply for an extension. It is important to consult a UK immigration lawyer for advice before attempting to extend your visitor visa.

Key documents required for a UK Visitor Visa include:

• A valid passport
• Proof of sufficient funds to support your stay
• Travel itinerary
• Proof of ties to your home country (e.g., job, business, family, financial circumstances)
• Accommodation details

A UK Spouse Settlement Visa allows non-UK nationals to join their UK spouse or civil partner in the UK. This visa is granted for an initial period of 2.5 years, after which the applicant can apply for an extension or for Indefinite Leave to Remain (ILR).

To be eligible for a UK Spouse Settlement Visa, you must meet the following requirements:

• Be married to a British citizen or a person with settled status in the UK
• Meet the minimum income requirement of £18,600 per year
• Prove your relationship / marriage is genuine and subsisting
• Meet English language requirements
• Provide biometric information and pass a tuberculosis test (if applicable)

Yes, holders of a UK Spouse Settlement Visa are allowed to work in the UK during the validity of their visa. However, the visa holder must abide by the terms and conditions set by the UK Home Office.

Further Leave to Remain (FLR) is a type of visa extension granted to individuals who are already in the UK and wish to extend their stay. FLR is typically issued to people on family, work, or student visas who wish to stay beyond their initial visa period.

To apply for Further Leave to Remain, you must submit an online application through the UK Government's official website. The application requires proof of your continued eligibility, such as updated financial documents, employment records, or evidence of your relationship (for family-based FLR).

If your visa has expired, you may still be able to apply for FLR, but you must do so as soon as possible to avoid being considered overstayed. Late applications may be subject to additional scrutiny, and you may have to pay a higher fee.

To apply for a UK visa extension, you must submit an online application before your current visa expires. You will need to provide supporting documents proving that you continue to meet the visa requirements, such as financial evidence, employment records, and other relevant information. It is advisable to apply for an extension at least 28 days before your visa expires.

Documents required for a UK visa extension may include:

• Your passport or travel document
• Evidence of your continued eligibility (e.g., employment, study, finances)
• Biometric information
• Proof of accommodation

Indefinite Leave to Remain (ILR) is a form of permanent residency in the UK that allows individuals to live and work in the UK without any time restrictions. ILR is usually available after an individual has lived in the UK for a certain number of years on a qualifying visa (e.g., spouse visa, work visa).

To be eligible for ILR, you must have lived in the UK for at least 5 years on a qualifying visa, such as a work visa or spouse visa. Some visa categories may require a longer residence period, so it's important to check the specific requirements for your visa type or consult with the UK Immigration Solicitor.

Yes, individuals on a Tier 2 (General) Visa can apply for ILR after completing 5 years of continuous residence in the UK. You must meet the eligibility requirements, such as demonstrating knowledge of the English language and passing the Life in the UK test.

British Citizenship by Naturalization is a process that allows non-UK nationals to become British citizens after meeting certain residence and eligibility criteria. To apply for naturalization, you must have lived in the UK for at least 5 years (or 3 years if married to a British citizen), demonstrate proficiency in the English language, and pass the Life in the UK Test.

Generally, you must have lived in the UK for at least 5 years before applying for British Citizenship through naturalization. If you are married to a British citizen, the residency requirement is reduced to 3 years.

To apply for a British passport, you must first be a British citizen. You can apply online or by post through His Majesty's Passport Office. The application requires proof of identity, such as your birth certificate or naturalization certificate, and payment of the applicable fee.

Yes, if your visa application is refused, you can request a review of the decision under the administrative review process if your visa application was refused under the point based system. This can be done if you believe the decision was based on a factual error or misapplication of the rules. A request for review must be made within 28 days of receiving the refusal notice.

Yes, you can appeal against certain UK visa refusals, particularly those related to human rights or asylum cases. However, most visa refusals do not allow for an appeal. Instead, applicants may be able to request an administrative review if point based visa application is refused or reapply with additional supporting documents and address the concern raised by the Entry Clearance Officer.

Visa application checking services by Wazir Solicitors involve an expert UK Immigration Solicitor reviewing your visa application and supporting documents before submission to the UK Embassy or Consulate. This ensures that your application is complete, accurate, and meets all the requirements to improve your chances of approval.