Legal Resources

A High Court lawyer, or advocate, advises on legal strategy, drafts petitions, appeals and applications, and appears before the High Court and subordinate courts on behalf of a client. The Bombay High Court exercises jurisdiction over Maharashtra, Goa and the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

Under Article 226 of the Constitution of India, a High Court can issue writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto, to enforce fundamental rights and for any other purpose. A writ petition is commonly used to challenge unlawful action by the State or a public authority.

Bail is sought by a person who has already been arrested or is in custody. Anticipatory bail is sought before arrest, by a person who apprehends arrest. It is governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 438 of the Code of Criminal Procedure, 1973.

The payee must send a written demand notice within 30 days of receiving information from the bank that the cheque was returned unpaid. The drawer then has 15 days from receiving the notice to pay. If payment is not made, a complaint must be filed within one month after that 15-day period ends.

Under Section 13B of the Hindu Marriage Act, 1955, both spouses must have lived separately for one year or more and must agree that the marriage should be dissolved. The court ordinarily allows six months between the first and second motions, and may waive that period in appropriate cases. The Special Marriage Act, 1954 has similar provisions.

Deemed conveyance is a statutory process under Section 11 of the Maharashtra Ownership Flats Act, 1963. When a promoter does not execute a conveyance in favour of the society, the competent authority, normally the District Deputy Registrar of Co-operative Societies, can issue a certificate that allows the society to register the conveyance.