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Shvoong Home>Law & Politics>Law - General>Legal Remedies Summary

Legal Remedies

Article Summary   by:SureshSharma     Original Author: S.K. Sharma
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LEGAL REMEDIES: We have legal maxim “ubi jus ibi remedium” which means that where there is right there is remedy. Right without remedy is like a shadow without substance. All the statutes guaranteeing legal rights have an in-built & inherent mechanism for the legal remedies. Courts have given recognition to new legal rights & remedies by judicial activism even though such rights & remedies were not foreseen by the Legislature. New and new remedies for the redressal of the causes have been designd by the Legislature to suit to the present day situations.

The enactments of statutes like Consumer Protection Act, 1986 in which the definition of “ Consumer” almost encompasses everything including grievance against the Medical Practitioners , Advocates, Airways, Banks, Electricity, Water & Telephone Department, Postal Department, Telecommunications, Dealers and Manufacturers , Railways, Insurance Companies, Builders etc.

Law has made big inroads in settling the Matrimonial disputes by setting up the Family Courts. The enactment of the “ Protection of Women against Domestic Violence Act” is highly effective tool in safeguarding the life, liberty, property and well being of the women. The earlier days of registering cases under Penal Code has been done away with & remedies provided under Domestic Violence Act are a step towards speedier dispensation of justice. Provisions under Hindu Marriage Act have also been made effective by giving Divorce in appropriate cases where marriage loses its sanctity and relation between the spouses deteriorate to a point where they can not live together as husband and wife.

Law has also made provisions of stringent penalty in Cheque Dishonor cases and has made provision of levying penalty to the double of the amount under Sections 138-142 of the Negotiable Instruments Act besides the remedy of recovery of the amount under summary procedure under O. 37 CPC. The offence has also been made compoundable if the aggrieved person agrees to it. The legal position is such that Civil and Criminal proceedings regarding dishonor of the same cheque can continue side by side. It is open to the aggrieved party to resort to either of the two or both.

Now the registration of FIR has been made compulsory. Under the provisions of the Criminal Procedure Code , on the refusal of the Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of the District under whose jurisdiction that Police Station falls. This is provided under Section 154(iii) of the Criminal Procedure Code. Said DCP is under duty to register the said FIR if it discloses the offence . In the event of the failure on the part of either to register the complaint , you can then file the complaint before the Metropolitan Magistrate under section 196 of the Criminal Procedure Code.

Rent Control Act is the other beneficial legislation which by Amendment in 1988 has come as a big relief to the Landlord as well as to the Tenant. A relationship of Landlord and Tenant is created by contract. Mere payment of rent does not necessarily establish relationship of landlord and tenant. Landlord is the person who has the right to receive the rent . In case the monthly rent is bellow Rs. 3500/- , the provisions of Delhi Rent Control Act, would be applicable, wherein you can be evicted only under certain specified grounds which includes non payment of rent, subletting of the premises, bonafide requirement of the landlord etc. In case the monthly rent is above Rs. 3500/-and agreement is registered( if over one year) then the terms of the lease would prevail. The landlord under such circumstances is liable to serve you with a notice under section 106 of the Transfer of Property Act giving 15 days time on the expiry of the tenancy month for terminating the tenancy. Thereafter, he Has to file a suit for ejectment which will be tried by the Court. The landlord can not forcibly evict you from the premises and the procedure before the Court will take few years to be decided.

Motor Vehicles Act has also made provisions providing stringent penalty for persons driving in rash and negligent manner resulting in death. Courts have shown no leniency in such cases. A motor accident has two facets . One is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, Insurance Company will pay.

CONCLUSION: Though the statutes have been tried to be more and more effective by making suitable amendments but still a lot is desired to be done to deliver speedy justice to the common man. In criminal cases, the prosecution has to tighten the evidence gathering machinery so that the guilty can be brought to the book. Similarly Alternate Disputes Redressal ( ADR ) is also being viewed as a viable and suitable mechanism for the redressal of the disputes. Settling the matter through Mediation and Conciliation is need of the day which not only saves the time and money of the litigants but at the same time saves the litigant from the time consuming evidentiary process.

Published: February 08, 2012   
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