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Hi Sir, I need advice on a matter of my brother. He is in Judicial custody from last one month. he has been charged by section 408 ,420 , 467,468,471, 120b and 66c IT act. the case is regarding online wrong bank transaction through company account of 90 lac . IO has not submitted chargesheet till yet. What is right time to apply for bail. our advocate asking us to wait for one more month. is there any chance that we will get bail from session court ? or we have to go till high court. kindly advice.

A. Go by the advice of your conducting lawyer.
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Dear sir, (1) Can a person who converted from sc-hindhu to islam/ Christianity fit to file case under sc,st ? (2) What may be the evidences to prove that a particular person converted to other religion ?

A. Dear Sir, No to your first question. You can get public documents from Church that he is converted to Christianity etc. Voters list etc. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Pls pls pls help?The complainant(Lady-63yrs)approached to my retired husband(59yrs), and asked to look for govt job for her son. My husband(2nd accused)made the complainant meet to one of his ex-colleague(1st accused). Where he promised to help to get a job and asked for some amount for the job process. Claimant gave 2lacs to the 2nd accused wer my husband was witnessed. Claimant didn’t get the money back neither job. Now my husband is in judicial custody since 19/12/2018. In magistrate and Session courts bail were rejected. We have paid our part 1lac to the claimant, wer the claimant is asking more 50k from both accused. Cops will provide charge sheet after 30-55 days. Can we apply again to the session court with all the payment recovery details of 1 lac? Is it risky? Or do we have to wait for the cops charge sheet,? If rejected, it will go to HC, so do we have to wait again for 3-6 months? Pls help, as no one is guiding us properly neither lawyer neither cops. We cannot afford more, we have already paid a lot to the lawyer and many of them.

A. Respected Madam, As per your query, it is very clear that you [accused number - 2] has given their due share ie. Rs. 1lac tot he complainant in lieu of non completion of the said work. ie. Providing the job to the complainant's child. You can approach to the sessions court and plea for bail whereby in m y opinion the court will allow bail [most likely with surety]. The bail prayer should not be rejected because you have showed complete bonafide interest by repaying your due sum to the complainant. Do no worry and apply for bail and then see what happens. As per law the general rule is "unless the accused is proven guilty he should get bail and not jail' going by that logic and the bonafide approach shown by the accused number 2, bail prayer may be allowed this time. Hope this helped. Shreyash Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Pls pls pls help?The complainant approached my retired husband(59yrs) and asked to check govt job for her son. My husband(2nd accused)arranged the meeting of the complainant with one of his ex colleague. Colleague(1st accused) asked the complainant for some amount as he will need for job process. Claimant gave 1st accused 2lacs rupees where my husband is a witness. 1st accused did not give back money neither job. Now my husband is in Judicial custody since 19/12/2018. Magistrate court, thn in session court bail was rejected. But this time we paid 1lac to the claimant(wer the claimant is again asking for extra 50k)we have all the proof of transaction. When went to Cops, they said they will provide charge sheet after 30-55 days. But we have paid our part to the claimant, can we apply again to the session court with all the payment recovery details. Is it risky? If rejected, do we have to go to HC, and will it take 3-4 months? With the chargesheet, can we apply back to the lower court? Please guide us as we are not getting proper guidance from cops neither lawyer. Lawyer said let’s try in session court again with the evidence, but he is not sure. We cannot afford more, we have already paid to him and many other places.

A. Dear Madam, To avoid unnecessary trouble you have paid the amount with admitting the alleged guilt, so saying you may again approach the Sessions Court or the High Court seeking bail. It will be allowed. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 1 week ago

A women got a a banner from the road which was of xyz political party so she used if for her shop.... And a lady arrived to her shop and saw that the banner used is of her political party.....and she complained it and asked police to arrest that lady..... But whereas.....the lady who got that banner from the street doesn't knew that its crime to use political party banner's...... And now the political lady has complained an FIR against her. So will she get a bail.... And how long this case will last for.

A. Dear Sir, She will get bail provided she used such banner due to ignorance and without mens-rea that is without intention of causing any harm or without intending to enrich herself is no offence, on such principle she will get the bail. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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. Dear Mr Mahato, If the dying declaration is in the Court then ask for a certified copy as per the law. Secondly, if it is with the police ask for it through RTI/ Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai

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. Dear Client, You can file a case from your current place of stay. No problem. Since you have the Bank transfer and supported by documentary evidence you can file a case against the person concerned. Do it fast without loosing any time. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 1 week ago

I was in a relationship with a boy. hum husband wife bnkr sath rhe h kuch time Jaipur me. humara relation husband wife wala hi tha. bs court marriage nhi ki thi kyuki hmare ghar wale against the hmari shadi k. fir jb mere ghr pta chla to mujhe ghr hi rkha gya or phn le liya gya mera, but ek frnd ki help se saurabh se baat hui meri, m kisi kaam se Jaipur gai mummy k sath to saurabh se mili, hm police station gye lekin mere ghrwalo ne jhuta assurance dekr mujhe ghr le aaye or gharwalo k pressure me maine saurabh ko mna kiya shadi k liye lekin saurabh ne mujhse pucha ki wo shadi kr rha h to mna kiya maine use fir usne jhut bola ki shadi nhi ho rhi uski but ab wo shadi kr rha h maine usko bhut contact krne ki koshish ki ek baar baat bhi ki usne maine bhut kha use ki mujhse shadi kre but wo nhi maan rha

A. Dear Client, File a case against the person concerned. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 1 week ago

My father (58yrs old)was in PC(17th Dec’18)for 2 days,3rd day he was taken to Judicial custody after the court process. Now it’s almost 20days. The 420 case is filed(Amt is 2lacs)under 2 accusedin Mumbai, my father is 2nd accused(he is just witness, where 1st accused has claimed my father has taken commission too). Two bails are already rejected. Now Both parties are ready to pay back the entire amt to victim. We are ready with all the recovery details/documents. We have transferred the half amt to the victims account. Now cops are saying he has to be there for 60days, they will provide charge sheet after 55days, according to them if we apply for bail by providing all these recovery payment details still it’s going to be rejected. When asked victim for settlement she is asking extra 50k apart from this 2lacs. Need your advice and guidance.

A. Dear Client, If you pay rest 50% or say 1 lakh as soon as possible then in that case your father will not be in custody for the remaining period of 55 days which means you can ask the Police to submit the report early and Bail can be moved earlier.Please keep all payment transactions in right order, preferably through bank which can be submitted as an evidence to help you at a later stage. Remember Bail can be moved at any stage. BUT clear the dues of the victim first. For extra amount you negotiate. maximum you can go for FD rate of interest of a Nationalised Bank. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Ambrose Leo Experience: 9 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 2 weeks ago

I have been in a relationship with a guy since last January. Our families also known to each other. But on 24th December he left from his place with his mother. Since then he has blocked me.. from all the sources and also my parents and friends contacts.His father has no idea about our matter. Before he left we had a argument and his mother interfered there and she even asked me to commit suicide. He promised me for marriage and did everything. What should i do?

A. You have a difficult case that is all is well that stick to gether, if not it will end, if you wanted you can file a case through a LAWYER FROM THIS PANEL , better to start a new life in this new year with good understanding & well being.
Ambrose Leo Exp: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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