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Tiara Walter

Posted 1 week ago

My wife has filed false FIR with false allegations, what will happen next. What should I do now? 313 is non bailable do i have to go to jail?

A. Dear Client, wherever you are it is suggested that you immediately get in touch with a strong and expert criminal lawyer. The charges are serious and you may to be proactive along with your lawyer to protect yourself. Yes although the Section 313 is non-bailable but still a good criminal lawyer can try his best to get bail for you by citing some good and strong enough reasons.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Dear sir/madam, We are willing to start an NGO,objects of which is to provide legal help and fight legally. But the issue is that i have a doubt that with trust can we do this function ? Or we only have society option to proceed in the way mentioned above.

A. Generally trust is created to manage a property on behalf of someone and for some purpose. If you want to set up an organization for providing legal services then it is better that you do in the form of a society.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Dear Sir, I have multiple personal loans from various banks around 4.5 lakhs & credit cards over due around 1.5 lakhs. Due to some financial issues I didn't pay the dues from last 5 months. All EMI'S will be auto debited every month in the first week. Now my salary account went into minus rs.50000/-. I need a stay order & willing to send the legal notice for money lendors. Kindly suggest me the best solution to resolve the issue.

A. When you have taken money in the form of loans then you will have to repay that money back to the lenders and banks. No court will issue a stay order in your favour. If you are really bankrupt and do not have any means to pay the money to the lenders then file a bankruptcy case in the court. But please do understand that filing a individual bankruptcy case has its own problems.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I have buy flat from land owner on 22-11-2018. And submit Builder NOC as required by the bank. At that time builder says that there is only society registration certificate is obtained and no body of society is form yet. When I have shifted to my flat society members are saying that I have to pay the transfer charges to societysociety of Rs.200000. As society is form a year ago. Plz guide me.

A. Whenever the society id formed the society will have its own rules and policies to manage the affairs and you as part of the society, by virtue of being an owner, you will have to abide by those rules. hence in this case it seems that you will have to pay the charges. Now since the builders said that there is no society and you will not be required to pay any charges then ask the builder that why did he lie. Settle the matter with the seller and try to get some reimbursement from him.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Hi, II wnat to know the importance of INTENTION in tort case. Will be glad if you could provide some guidance. Thanks

A. I do not think that intention has such a huge role to play in tort cases. Intention plays a vital role in criminal jurisprudence and presence and absence of intention can make or mar the criminal case. In civil matters intention can be a supporting element which helps in understanding the cause of action and ultimately the civil liability. having said that a question worth mentioning is important. Is presence or absence of intention important for civil jurisprudence? The answer is it depends and is also debatable. As far as civil jurisprudence and civil liability is concerned the absence of intention will not affect the outcome of the case. In civil matters it is about the legal right of a person and the damages that one can seek for breach of his legal rights. Regardless of whether the breaching party or the suffering party having any sort of intention the suffering party will be eligible to get his due legal rights. Once the legal right has been established then the intention does not play part in the adjudication of civil cases. The intention part is civil cases will come into the picture in those cases where the legal rights of a person is not clear due to the ambiguity in the action or document. This can be understood with an example wherein the a will has been made where the will maker wrote the will in a manner that one of the legal heirs’ inheritance is not as clear as the others. In this case the court may take cognizance of the intention of the will maker to arrive, conclusively, at the legal right of the sufferer. As said earlier once the legal right is established then it is meaningless to look for intention of the parties. Similar to Civil law the intention does not play a major role in cases of Torts. Lets say that a party has filed a case against another as the first party suffered a damage from the second party’s pet. Regardless of the fact whether the second party had the intention to harm the first party or not his liability to pay the compensation to first party is established. Yes the presence of intention to cause harm to first party will make the case stronger in favour of the first party but the absence of it will not make it weaker.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 1 week ago

sir my husband sent 2divorce notice later he given false complaint in police station. so v applied divorce. now he is nt ready to gv divorce instead he filed case on me from his mother from his native place. already divorce case is going in my native place. is it posible to transfer the case which his mother filed on me. and what is the meaning of intimation served and wt next step court will take plz reply me

A. Dear your Husband's mother cannot file a divorce case, it must be your husband who would have filed the case. If you have received the court summons for the divorce case then you must appear in the court otherwise the court will pass the judgement "ex parte" meaning in your absence. Immediately take action and yes you can also request the learned court to transfer the case to your hometown. There is a process for transfer and you will have to follow that.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

kalpana p

Posted 1 week ago

my divoce case is dismissed bcaus of notenought evidance.can i reopen case at same court

A. You cannot reopen the case once it is dismissed on this ground. You can file fresh with all the requirement. Please also understand that many a times the case get dismissed on the technical grounds and hence it is pertinent that you hire a good lawyer who can assess the case and file it in a failure proof way as far as possible. Take the old case file to a lawyer and discuss with him.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Rajendra Mahato

Posted 1 week ago

How can a wife apply for certified copy of dying declaration made by the decesed before his death

A. Where and with whom that dying declaration was made? Who recorded the declaration? Whosoever has recorded the dying declaration, approach that authority and put up an application for the same. Now they may ask you a question that why do you need the certified copy? Do you have a legally valid reason to ask for the certified copy? If yes then go ahead.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Sudip Chowdhury

Posted 1 week ago

Since I had filed and ancestral property case against my brothers in lower court , so if I lost my case in lower court can I move my case forward to higher court?

A. If the judgement is not in your favour then you can appeal against that judgement in next higher court. There is no bar to appeal except in some incidences wherein the court specifically pronounces that appeal is not allowed.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 1 week ago

A friend of mine recommended me someone who gives 10% per month on investments made with him. I invested (let's say 1L) with him, he gave me returns for almost 5 months and then since 5 months he has not given me any returns and avoiding my calls and not doing giving a simple penny. I am afraid that he was a fake guy and wants to (kind of) rob me of my money. For X amount of money he gave me a post dated check and for Y amount of money I don't have anything. All the money I transferred to him was online IMPS, so their is proof and trace that I have given him money. Now, my questions are these: 1.) I am resident of Rajasthan and he is resident of UP. When I invested X amount of money then I was in Bangalore and when I invested Y amount of money I was in Pune. Currently I am in Pune and he has been in Bangalore. So, my question is if I want to register a case against him then it would be in Bangalore's or Pune's court? 2.) Do you think I may end up loosing all my X+Y amount of money because there was no legal/formal agreement which I signed with him?

A. You see the jurisdiction for a case is decided on few factors like the address of Petitioner, address of Defendant, the place where cause of action arose, the place where the immovable property is situated. Since in your case there are lot of events I would suggest you to sit with a lawyer and produce all your details in front of him and decide which will be better place to file a case. And yes you will have to produce some evidences that he owes money to you. in absence of that it will be a difficult task for you to prove that he is supposed to give you money back.
Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

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