THE HIGH COURT OF DELHI will hold examination for direct recruitment against 14 vacancies to Delhi Higher Judicial Service on Sunday, the 06th April,2014-Last Date 06.02.2014 13/11/2013: While renewing the term of the appointment of the existing incumbents the State Government is required to consider their past performance and conduct in the light of the recommendations made by the District Judges and the District Magistrates. Therefore, the High Court could not have issued a Mandamus for renewal of the term of respondent Nos. 1 and 2 and other similarly situated persons and thereby frustrated the provisions of LR Manual and Section 24 Cr.P.C .- SUPREME COURT. 12 Nov. 2013- Registration of FIR by police in cognizable offence is must and action must be taken against officials for not lodging a case on the complaint filed in such offences.- Supreme Court.(PTI) 09/11/2013: Supreme Court stayed Gauhati High Court order that declared CBI as unconstitutional. 06-11-2013 -"while we decline to hold and declare that the DSPE Act, 1946, is not a valid piece of legislation, we do hold that the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a ‘police force’ constituted under the DSPE Act, 1946"-GUWAHATI HIGH COURT
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Query posted by mohit mishra  ,New Delhi , 110024  on 11/29/2013 3:36:13 PM
Field-
Field Criminal laws
QUERY My 498a case was quashed in Dec 2012 by the high court. There was no appeal filed in supreme court by them,on Oct 2013 civil defamation is filed from my side. Now my wife has filed application for re-hearing in the same high court. My question: 1. Is it admissible in the same court ? 2. Can i approach supreme court? i received notice. what can i do in legal way becoz my wife and her family giving tension by failing fake case and useless application becoz there is no provision for reviewing.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Mohit Mishra,the order become final if no appeal is filed within permissible period.But Under Section 482 Cr.P.C a High Court may pass any order in interest of justice.

Query posted by pranav  ,Patna , BIHAR  on 11/29/2013 10:05:59 AM
Field-
Field Criminal laws
QUERY i am a undergraduate student of a college. In 2012 i had been made an accused in a case in which IPC (420,471,468,120b) has been charged. But i was not involve in that case. where the incident happened i was crossing from there. currently i am on bail. i want to know am i eligible for a govt job since a case in pending on me.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Pranav, Pendency of criminal case does not dis entitle the candidate from applying for Govt Jobs. But In case of convictions the candidate is debarred. Candidate must furnish complete details if the form ask for pendency of criminal case.Else he may be prosecuted for furnishing false information.

Query posted by saroj narayan barik  ,Cuttack , orissa  on 11/28/2013 8:16:30 PM
Field-
Field Legal -Others
QUERY i am eldest among four siblings. i want my share in our ancestral property but my father is not ready for partition till he is alive. since last 10yrs i am staying sepratly with my wif and daughter. i do not trust on my fatherintention for equal distribution, rather he is constructing a house over the homestead land of our ancestral property. suggest me legal procedure to get my share immidately and what expenses it will be neded?
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Saroj Narayan Barik, You being a coparcener can claim for partition of ancestral property.

Query posted by Abilash  ,Hyrderabad , AP  on 11/28/2013 7:22:43 PM
Field-
Field Matrimonial Disputes
QUERY My aunt got married 13 years back. Due to petty family issues her husband sent her divorce notice. She received court summons (when she is staying with her husband) to attend. After that her husband left the house. Now, what we are hearing is that one sided divorce is granted as she did not attend the court proceedings. We did not get any second summon from the court. We did not even got a letter/notice that judegement is passed. Now, her husband got married again. Legal options for us now?
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Abilash, Ex-Parte decree can be set aside in showing the reasonable cause. So one may move an application for setting aside the Ex-Parte Divorce Decree

Query posted by ASHOK  ,Hyrderabad , ap  on 11/28/2013 4:15:03 PM
Field-
Field Service Matters
QUERY my cousign is working as a astt professor in one university in maharastra , he joined some 18 months back, because of not understanding between diretorate of state govt and university he is not getting monthly salary, matter is taken up with higher officials of state govt of maharastra, not materalised yet, is it violation of human right also and whome to be contacted for needful action . court may take long time to resolve which is the last alternate.
Query Replied by Rakesh Kapoor Adocate
EXPERT OPINION Dear Ashok,the aggrieved person may apply for writ of mandamus before high court for release of salary for unpaid months.

Query posted by nagaraj  ,Bangalore , karnataka  on 11/28/2013 4:37:06 AM
Field-
Field --Select any one---
QUERY I have been selected in a central government for a job in postal departement and my documents and background verifications are under process. But an FIR has been filed against me and i was held innocent by court and case also has been closed. My question is, having an FIR filed against me in 2006 will create problem for me to get this job or not? I would appreciate and be greatful for the reply. Thanks in advance.
Query Replied by Rakesh Kapoor Adocate
EXPERT OPINION Dear Nagraj,Once the Final Report is filed by Police and the case is finally closed by court. You are deemed innocent and this will not affect your job.

Query posted by Saiankit Sharma  ,Delhi , Delhi  on 1/27/2013 5:56:09 PM
Field-
Field Criminal laws
QUERY i want to know that how can a person get bail in fraud case (138. When he is in jail from last 4 days. My uncle is suffering a check bounce case. Please find me a way
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Saiankit Sharma, the offence under section 138 Negotiable Instrument Act is bailable. Accused may file bail application in court.

Query posted by sara cutts  ,Mumbai , Maharastra  on 1/25/2013 1:43:46 PM
Field-
Field Criminal laws
QUERY I was in a relationship with a guy from dec 2010. He had promised that we would get married. Hence I was always eager to meet his family but some how he always manged not to make me interact with them. When I told him I have pressure from my family to get married , he assured me that we would get married. we had also filled application for register marriage on 20 Jan 2012. But on 19th Jan 2012 he called me to say he would be able to marry me because he feels I am not beautiful enough for him. I was devastated. I used to daily call him for changing his mind. Then after three months he told me we could get married but then again in sept 2012 he left me stating who will marry a ugly person like you. From march to sept it was a very horrible period when ever i used to ask him when we will get married he used to say soon. When I used to persuade him more he used to beat me. Now I feel betrayed and violated now.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear sara cutts, one cannot be compelled to marry. No criminal offence is made out in your case.

Query posted by S.Prabhaharan  ,Kottayam , Kerala  on 1/24/2013 5:31:15 PM
Field-
Field Criminal laws
QUERY Dear Sir, A Director of a Company has been impleded in a PF criminal misappropriation case for the default period prior to the appointment of the said Director(Form- 32 has already been filed before the court). Can he be discharged without personal appearance before the court.He is staying at India at present. Kindly guide. Regards Prabhaharan.S
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear S.Prabhaharan,if any criminal case is instituted against any person, he is bound to put his appearance unless his appearance is dispensed with by court. So if he do not appear on summons, the court may issue the various process to secure his attendance such as BW, NBW, process u/s 82, 83 Cr.P.C.

Query posted by rajinder  ,Jalandhar , punjab  on 1/20/2013 8:33:58 PM
Field-
Field Criminal laws
QUERY whether a case u/s 420 can transferred from gurgaon to ambala which is same state hARYAN BECAUASE ALL THE ACCUSED ARE HEAR AND SUGar pateint and can not travel 500 kms if the case can be transfrred to ambala it is is for the accused to trial
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear rajinder, the criminal case institutes where the cause of action arises. But it can be transferred to other place if it is in interest of justice and there exists some compelling reasons. Though just having a diabetes is not a good ground for transfer of a case. Still you may take recourse of High Court.

Query posted by Lisona  ,Coimbatore , TamilNady  on 1/19/2013 6:08:30 PM
Field-
Field Matrimonial Disputes
QUERY I,m a christian and i married a muslim in the year 2006. But our marriage was registered under Hindu Act. After im getting conceived, that idiot left me and for the past 5 years im living with my parents only with my child. I dont know where he was living and whether he get married with some other. Now one person is ready to marry me with my child. But he wants me to get divorse legally and after that he will marry me. Is there any complications and how should I proceed further? Please guide me.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Lisona, Please see section 108 of Evidence Act. It talks about a provision when a person is not heard of alive by the persons who would have naturally known of him to be alive. But here the onus lies on you to prove. There are many cited cases where a person was not known for 7 years and a wife married and husband returned thereafter and the court did not convicted wife for bigamy giving the benefit of sec 108 evidence act. Consult your legal expert.

Query posted by Lisona  ,Coimbatore , TamilNady  on 1/19/2013 6:08:30 PM
Field-
Field Matrimonial Disputes
QUERY I,m a christian and i married a muslim in the year 2006. But our marriage was registered under Hindu Act. After im getting conceived, that idiot left me and for the past 5 years im living with my parents only with my child. I dont know where he was living and whether he get married with some other. Now one person is ready to marry me with my child. But he wants me to get divorse legally and after that he will marry me. Is there any complications and how should I proceed further? Please guide me.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear ritesh kannauje, if all the cheques relates to one transaction the one case is made out irrespective of number of cheques.

Query posted by KRISHAN GOPAL PRAJAPATI  ,Jhansi , U P  on 11/15/2012 12:56:04 PM
Field-
Field Criminal laws
QUERY one person made fake income certificate thrice from Tahsildar Jhansi by hiding the actual income further his son applied for fee reimbursement scheme and got some money.i complained regarding this the local authority DM,tahsildar ,university director etc but they are very neutral..what should i do..sir, can i go to court against this please guide me...i will be highly oblised to you..
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear KRISHAN GOPAL PRAJAPATI, you may ask by way of right to information act to concern department where you send your complaint that what action is taken to your complaint. Then if still you dont get satisfactory response you may take recourse of court.

Query posted by DHANRAJ  ,Jaipur , rajsthan  on 11/14/2012 4:18:02 PM
Field-
Field Matrimonial Disputes
QUERY my daughter"s husband died an accident last year she want to remarriage she have 3 year son with she want live with son, his mother in law & father in law opsite this marriage please explain any problem this re marrige
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Dhanraj, any person have a right to re-marry after the death of his/her spouse. So it is a sweet will of a person whether to marry again or not. Legally the In-laws cannot stop her to marry after the death of her husband. You may take recourse of court or police.

Query posted by sumit jidani  ,Delhi , Delhi-NCR  on 1/31/2012 7:23:27 PM
Field-
Field Criminal laws
QUERY is anticipatory bail provison just like delhi is available in haryana state district courts.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sumit Jidani, The provisions of Anticipatory bail is applicable in same manner through out states except specifically exempted. Yes provisions are same for Delhi and Haryana.

Query posted by kishna  ,Patna , bihar  on 1/28/2012 1:48:02 PM
Field-
Field Criminal laws
QUERY iad taken oan from apperson and retuned hisall ammont with interes h had gven loan from beerer cheques,but after payent hedidnot reurned my chequs and produced them to his acount after boncing tem he loged afals fir that he has given money toeposite in nsrnse company but i cheated him i have his hand writen peyment reciving statement.twoothe accused otanticipty bail in same case can i get anticipetory bail.there is warrantagainst me
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Krishna, The offence you talked about comes under sec 138 NI Act which is bailable one. So you may claim bail as a matter of right.

Query posted by SANTOSH  ,Agartala ,  on 12/4/2011 2:27:09 PM
Field-
Field Judicial Exams
QUERY I AM A GOVT SERVANT OF RAILWAY.I DID COMPLETE MY LLB FROM AGRA UNIVERSITY WITHOUT TAKING PERMISSION FROM RAILWAY AND DID APPLIED FOR ANDRA PRADESH JUDICIAL SERVICES WITHOUT SHOWING MY PAST EXPERIENCE.ANY LEGAL ACTION CAN BE IMPOSED ON ME IF I DOES JOIN AP JUDICIAL SERVICE AFTER GIVING RESIGN FROM MY CURRENT EMPLOYER? NO ANY CRIMINAL AAND DEPARTMENT CASE IS PENDING AGAINST TO ME.IT MAY ME A FUNDAMENTAL RIGHT TO CHOOSE A CAREER WHICH YOU WANT? PLEASE REPLY URGENT THANK YOU
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Santosh, In Judicial or such Exams it is usually mentioned in notification that application must be submitted through employer if already working on date of application. Please see the contract which you had signed while joining with Railway, whether it contain any clause to appear in any exam while remaining in services. If there is clause then Deptt may take action.

Query posted by anita chauhan  ,Noida , u.p  on 12/14/2010 11:43:00 PM
Field-
Field Judicial Exams
QUERY i wants to know the what are the other legal exams in 2011 plz rpl sir
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Anita Chauhan, Whenever any notification is published, it will be displayed on website.

Query posted by Umesh Pandey  ,Mumbai ,  on 12/2/2010 12:08:00 PM
Field-
Field Criminal laws
QUERY my brother has been implicated under section 364A and he has been named as accused no 3. We are trying to get bail for him. Is bail possible for this offence. Can you please suggest some earlier bail judgements which were successful.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Umesh Pandey, contents of FIR and role of accused person as specified in police papers is not provided by you. Without documents no opinion can be given.

Query posted by Anand  ,Raipur (M.P) , Chattisgarh  on 11/29/2010 4:23:00 AM
Field-
Field Criminal laws
QUERY Hi, thanks for a nice forum, my father was involved in an accident case and it is under civil court, is it legal for me to ask the opposite party for a compromise by providing a financial compensation ?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Anand, Please send brief facts and stage of case.

Query posted by CHARU SINGH  ,Aligarh , up  on 11/22/2010 11:25:00 AM
Field-
Field Legal -Others
QUERY Respected Sir, I want to know the information regarding the judicial services examination of up state of 2011 or of 2010 i.if its possible please let me know as i want to appear in the exams and i am unable to gather the information regarding it.....Thank you sincerely charu
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Charu Singh, If any notification for vacancy in UP state judicial services examination is published. The information will be provided on our website or you can also keep watching the website of Uttar Pradesh public service commission at link http://www.uppsc.org.in/index.htm

Query posted by suresh pareek  ,Pali , Rajasthan  on 11/15/2010 12:00:00 AM
Field-
Field Civil Laws
QUERY My father operated in a pvt. hospital(open heart surgery) his post operative condition was no well even then hospital discharge him after 16 days stay , there after on the night of discharge he became serious his position become so critical as we addmitted immediately next day to same hospital , & after 2 days ICU stay he died there why hospital discharge when patient has not cured completely or why keep us in dark if they could not treat well can we knock door of consumer court , earlier hopital replied for my lettrer that we discharged on your request , we shocked & surprised by this reply indeed we never request to discharge him ? please advise us what to do ?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Suresh Pareek, you may take your case to consumer court.

Query posted by DHARMENDER KUMAR  ,Delhi ,  on 10/27/2010 4:58:00 PM
Field-
Field Service Matters
QUERY Respected Sir, A FIR was registered against my brother in 2003 after the trial matter disposed with compromise, a verbal punishment was given beacause in such type of section compromise is not possible, case is simple JHAGDA WITH UNCLE, after two year of compromise he selected in Rajasthan police as constable but in the police verification found that case he was invole in case, due to hidden facts his appointment canceled, please tell me way to join such service, however we have listen after the court dicision many person join such type of service. Thanking you your sincerely DHARMENDER KUMAR
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION You have not mentioned the sections in which he was found guilty.See service rules also.If the offence is not of maral turpitude you may prefer petition.

Query posted by Avtar Singh  ,Chandigarh , Punjab  on 10/26/2010 2:37:00 PM
Field-
Field Consumer Protection
QUERY The sais Property is in the name of my father. Then wherther I can apply for electricity connection in my name. If yes the documents required for the same.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Rent deed or permission from your father is required. Contact the department for their requirements.

Query posted by yadvendra shah  ,Pilibheet , uttar pradesh  on 9/28/2010 1:28:00 PM
Field-
Field Legal -Others
QUERY sir i have been registered in uttrakhad bar council , can i practice in any of the courts of uttar pradesh . if yes is their any formality
Query Replied by Anil Kapoor Advocate
EXPERT OPINION There is no bar for occasionally appearing but if one wishes to practice in another state, he must get his registration from the concerned bar council.

Query posted by Anil Kumar  ,Delhi , Delhi  on 9/23/2010 10:36:00 PM
Field-
Field Legal -Others
QUERY Dear Sir, Please advice me,is that any helpfull,if i send a legal notice to my past employer to make my full and final a/c settelment to clear all my pending dues,which included 1&half month salary one month tour expenses,yearly bonus,leave encashments. I follow up many times via mails and phone calls,and i have appointment letter,salary details,salary bank a/c statment and all the copies of that mails which i sent in last days to clear my pending dues Thanks Anil Kumar
Query Replied by Anil Kapoor Advocate
EXPERT OPINION If you have not voilated the terms and conditions agreed upon, you have legal right to claim.

Query posted by s s singh  ,Cochin , na  on 9/23/2010 5:32:00 PM
Field-
Field Judicial Exams
QUERY shri r k kapoor Sir,Thanking you for giving reply,sir i have still some confusion pls help me again in detail. as i told you earlier that i am a central govt gazetted employee ,posted in cochin.i did complete my LLB Degree from Bangalore University without taking NOC From my Employer.for complition of my degree i did used my all CL/EL leaves.I have confusion that is it compulsory to show my current experience if i applied for judicial exams PCS-J or it will effect on my interview regarding concern of attendance etc if i cleared judicial exam.despite this some of my friends says that being a central govt servant you can not enroll as a lawyer.please help me again.can i write judicial services exams only base on my qualification without showing experience?and please send me some leading supreme court decision/cases if any, regarding acquired degree with govt job.i will be highly obliged. Thanks
Query Replied by Anil Kapoor Advocate
EXPERT OPINION For appearing in PCS-J no experience is required. But you must see the eligibility crieteria in notification/advertiesment.If you had filed affadavit to the effect it may be a ground for action against you for concealments of facts/ filing false affadavit before Bar Council.

Query posted by sunny  ,Mohali (Punjab) , punjab  on 9/22/2010 11:02:00 PM
Field-
Field Real Estate
QUERY hello sir, actually i bought a plot in baltana,zirakpur,punjab in 2003. i have registry of that land .we were about to start construction on our land but suddenly a person came in year 2006 and said that this is his plot he also has a registry of the same plot but with a different owner. i dont 9 how to handle this i bought it for about 13-14lakhs and i am stucked in some fraud. and recently one more person is showing a registry of the same land in 2010 and wants to claim land. please suggest some laws and rights as we have the most older registry of this land. please help
Query Replied by Anil Kapoor Advocate
EXPERT OPINION You may verify the title from revenue/other records as applicable and consult local lawyer

Query posted by Parveen Bali  ,Unna , Himachal  on 9/22/2010 4:58:00 PM
Field-
Field Civil Laws
QUERY Dear Sir I m belng to Himachal & my Grandfather having 4 son or 3 doughter and my G.Father is left meney year ago, but at present only my father is a singly person want a saprate part of the house property but my 3 uncle wants for us, our family left the village house or my father not claimed any right in a property, one time send to Information notice for divideation through patwari but he send a stay notice by the court so, pls help me how to get the right of the our village property
Query Replied by Anil Kapoor Advocate
EXPERT OPINION Your querry is facts based . Please consult local lawyer with complete facts and records.

Query posted by Niranjan swami  ,Dehradun , Uttarakhand  on 9/21/2010 6:11:00 PM
Field-
Field Legal -Others
QUERY I m doing law of 5 year( B.B.A,LL.B) intergrated course. sir i want to know that after completing what r the scope for me future .....
Query Replied by Anil Kapoor Advocate
EXPERT OPINION You may opt for independant practice and may appear in competitive judicial and other legal examinations.You may also opt to work as legal advisor in corporate firms.But the field need patience , dedications and hard work.

Query posted by manoreet kaur  ,Sri Ganganagar , rajasthan  on 9/19/2010 2:51:00 PM
Field-
Field Criminal laws
QUERY my parents are lawyer.any client of them logged FIR against them u/s 467,468,420,120-b,sc-st act. all these blaims are totally false now we are very tense.how can they take anticipateri bail.please answered as soon as possible.
Query Replied by Anil Kapoor Advocate
EXPERT OPINION Please ask your parents to send copy of F.I.R.,as the matter can not be advised on website. You may contact Mr. Ravindra Kumar Kapoor Advocate for opinion. Contact Email id. rkkapooradv@gmail.com .

Query posted by dr soni gupta  ,Ghaziabad , u p  on 9/3/2010 4:02:00 PM
Field-
Field Service Matters
QUERY hello sir ,i m a mbbs doctor recently i joined LLB from ime sahibabad but i got to know that i can,t be registered in bci because i m registered in mci.i want to deal medicolegal cases but i don,t want to quit my profession as doctor .i want to go for hjs xams but not at cost of mymci registeration .i have asked in college about it before addmission but they said nothing to worry .plz let me know what i have to do now?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Please go through the rules/bye laws of BCI. BCI is the ultimate authority in this regard.You may contact BCI and decide accordingly.

Query posted by patel ghanshyam h  ,Ahmedabad , gujarat  on 8/30/2010 12:16:00 PM
Field-
Field Criminal laws
QUERY sir,i have query related criminalsuicide & dowery death case now in guj. high. court. in hearing. in my law college i am participate in moot court compitition so, i want judgment related dowry death & dying decleration. in this case session court punished under section 498-A and 306 read with section 34of IPC. case No.-ABC of 2003 dated 25th March 2006.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Ghanshyam h, Please visit the link http://www.judicialcompetitiontimes.com/Supreme%20Court%20judgement%20details.aspx?JudgementId=57 for the relevant case law.

Query posted by Mahendra  ,Jaipur , Rajasthan  on 8/16/2010 12:04:00 PM
Field-
Field Service Matters
QUERY I was arrested and bailed out in 2008 in a session case which criminal case is pending in the court of law and charges are not framed in trial against me by the court due to the stay of S.B. Criminal Revision by the Hon’ble High Court.Can I join central government job in India?
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION You have not mentioned wheather the case was of moral turpitude or not. Co-relate with the service rules of concerned deptt.In criminal law presumption of innocence is in favour of accused unless held guilty by the competant court of law.

Query posted by krisna  ,Vishskapatnam , andhra pradesh  on 8/14/2010 8:59:00 AM
Field-
Field Legal -Others
QUERY Sir iam a recently enrolled advocate. Can u give me information about cheque bounced complaint I mean the time after sending a legal notice. After how much time can we lodge a complaint in court?if i did not file the complaint in the appropriate time what is the next step i can do? can i sent a legal notice again and file a complaint?after filing in the court if it unnumbered for so many days can i do some thing?please give me some advice about this i have recently got into profession kindly help me?
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION Provisions kindly note- Section 138 provides- a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. (b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid,[Substituted by Act 55 of 2002, sec. 7, for "within Fifteen days" (w.e.f. 6-2-2003)]. sec.142 provides" a) No court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) Such complaint is made within one month of the date on which the cause of action arises under clause (C) of the proviso to section 138:[Ins. by Act 55 of 2002, sec. 9 (w.e.f. 6-2-2003)]. Please go through the section and proceed accordingly. 2["Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.] (c) No court inferior to that of a Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138]." (c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Query posted by Amiya Basak  ,Kolkata , West Bengal  on 8/12/2010 2:32:00 PM
Field-
Field Matrimonial Disputes
QUERY My wife making mental torture to me and my family.She is pregnent and taking benifit of it.Taking money from my and my father and sending to her family. Now I dont have that much money and she is blackmailling me that she can make harm my comming baby. Some time she use slang laguage to me and my mother and telling law is with her.Please help me .I am mentally shocked .unable to consentrate in my job. suffering last 1 year. now if I dont get a way then I have to do Suicide.
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION It will be better for you to file a suit in competant civil court having jurisdiction for judicial seperation and even then if she does not make her attitude positive you may file case for divorce. Commiting suicide ia a crime.You may inform senior suprintandant of police regarding her activities and behaviour.

Query posted by S SINGH  ,Cochin , kerala  on 8/11/2010 6:35:00 PM
Field-
Field Legal Exams
QUERY Sir,Thanking you for giving reply,sir i have still some confusion pls help me again. as i told you earlier that i am a central govt gazetted employee ,posted in cochin.i did complete my LLB Degree from Bangalore University without taking NOC From my Employer.for complition of my degree i did used my all CL/EL leaves.I have confusion that is it compulsory to show my current experience if i applied for judicial exams PCS-J or it will effect on my interview regarding concern of attendance etc if i cleared judicial exam.despite this some of my friends says that being a central govt servant you can not enroll as a lawyer.please help me again.can i write judicial services exams only base on my qualification without showing experience?and please send me some leading supreme court decision/cases if any, regarding acquired degree with govt job.i will be highly obliged. Thanking you
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION Experience is calculated from the date when in fact you entered in profession after enrolement with Bar Council.Bar Counsel does not enroll such person who are still in service.

Query posted by Vikas Loungani  ,Delhi , Delhi  on 8/11/2010 12:35:00 PM
Field-
Field Judicial Exams
QUERY I have passed my Law From a very good Law college of India this year with a very good qualifying marks currently working in a good law firm at Delhi, i always had urge to try for Judicial Exams once and as i know if started preparing for Judiciary Exams i Have to Quit my Job and prepare dedicatedly through out this year.. my qurery is straight 1. Can we give Judiciary Exam of all the states like Gujrat, Rajasthan etc as i was born bought up in delhi and have domicile of delhi only? 2. Can we give these exams without having any work experience, as i have just passed out n got work exp. of 2 months with my firm?
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION 1.You can apply subject to the condition if not specifically barred for persons residing in other states. You may go through the concerned advertiesment. 2.For PCS-J now no experience is required.

Query posted by Tejasbhai Parekh  ,Rajkot , Guarat  on 8/8/2010 4:32:00 PM
Field-
Field Civil Laws
QUERY Dear Sir, I have received Cash Subsidy as per Gujarat state Inustrieal Policy 1995-2000 at 2003. This subsidy is senctioned by DIC and which had payment direct our financial Institute GSFC. GSFC had credited our SUBSIDY in our due intrest account not in Capital Account (Principal Account). Sir, According to our sources GSFC should credit the Subsidy in our Principal Account. You are requested to give your valuabele advise above matter and oblize us. Thanks with best regards, Tejasbhai Parekh
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION As per norms of financial institutions every amount of interest is added monthly in principal amount. So the amount to be credited , is to be credited on the date when in fact recd. by the financial institution. Amont of principal and updated amount with interest are not maintained seperativly.

Query posted by Khushboo  ,Kolkata , West Bengal  on 8/8/2010 11:04:00 AM
Field-
Field Matrimonial Disputes
QUERY I have recieved a law suit by the court which has been filed by my husband. I would like to know what should be the next step and what I am required to do now. I am told that I will have to send a no objection certificate. Please details as to what has to be written in the NOC letter. Also what can be done in case I do not agree to the charges mentioned in the appeal papers. Please reply at the earliest.
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION After receipt of notice from the court, you are required to appear in person or through your counsel and submit your written statement in concerned court. There is no term NOC. In simple words if you donot object to the alleations , it will be deemed that you accept the allegations and under such conditions court may pass judgement against you, as prayed by your husband. Contact your Local lawyer to persue the matter in concerned court.

Query posted by Nagendla Mallikarjuna Rao  ,Hyrderabad , ANDHRA PRADESH  on 8/7/2010 12:44:00 PM
Field-
Field Criminal laws
QUERY IF BELOW 7 YEARS CONVICTION IN ADDITIONAL DISTRICT COURT WHERE WE APPEAL FOR BAIL
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION As the conviction order has been passed by additional session judge. You may file bail in High Court where the appeal is to be/has been filed.

Query posted by sorab banotra  ,Jammu , j&k  on 8/5/2010 10:51:00 PM
Field-
Field Criminal laws
QUERY what is the meaning of recently sexually assaulted specificaly recently means how much time 1 day , 1 hour , 1 week?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Kindly specify in relation of which section you want to know.

Query posted by sorab banotra  ,Jammu , j&k  on 8/5/2010 10:29:00 PM
Field-
Field Criminal laws
QUERY is the bail is possible if the prosecutrix statement not recorded inthe court hearing.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION If after repeated adjourned dates fixed for prosecutrix statement, She did not appear in court inspite of service upon her, the court may in its discreation grant bail considering the facts and circumstances of the case.

Query posted by Pradeep  ,Bangalore , Karnataka  on 8/5/2010 3:33:00 PM
Field-
Field Legal -Others
QUERY Alps Estate , Bangalore : Rental Deposit not returned in Full by Rama Paraki Hi, I was living on a rented apartment (2BHK, 1700 Sqft) in Bangalore (Alps Estate , Sarjapur Road) for 2.5 Years (Jul 2007 - Jan 2010). The owner of the Flat was Dr. Rama J paraki who is a psychology department head in Jyothi Nivas college, Koramangala. She collected 10 months deposit of 1,30,000 Rs. But when I vaccated she didnt give me back the full amount and deducted 28,000 RS for Painting. The rental agreement only states that an amount (no amount mentioned) will be deducted at the end as part of painting. I complaint to her that this is too much for that and in turn I will do the painting and give back the flat. But she insisted she do the same and didnt return that amount. I checked with many painting persons and they said they can do this with 6,000 - 10,000 Rs. Even When I checked with Ramaa she asked me to vaccate and then we will bring our own personnel and finalise on the price. After we gave back the keys, she never came back nor answered my calls. She is absconding from me and she didnt return the balance amount! Initially She seemed to be a decent women, but later found out to be a very arrogant one. She used to threaten us many times with her mails. She threatened me with legal consequences and bought her advocate to the flat too when I was vaccating. I asked her 3 months back before vacating to reach an amount for the painting. I knew going by her nature, she wouldnt fully payback my deposit. But she kept on delaying and never told me whats the amount she is going to charge me. If I knew this before, I would had done the painting and handed over the Flat on time. Later I came to know that she made many modifications in the bathroom and also other construction inside her Flat using my money. How can I claim back my money? Is there any rule which says regarding the legal limits of deduction from Deposits? How can an Owner insist that they should only do the repairs? Can I approach the consumer court? Please help me in this. I am cheated my this lady who is a professor by job, but behaves like a real fraud. Regards, Pradeep, Bangalore, India Email : commonmail65@yahoo.com
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Your case depends on the basis of facts which may be true. You may file in civil courts but you must have sufficient evidence to prove your case.Contact local lawyer.

Query posted by Ms. Alpna Talwar Advocate  ,Chandigarh ,  on 8/1/2010 7:49:00 PM
Field-
Field Criminal laws
QUERY Guide me about appreciation of evidence to evidence of expert doctors in cases of post motrem conducted by him.
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION Ms. Alpna Talwar Advocate , So far post mortem reports are concerned sufficient weightage is given to the doctor who conducted the post mortem but giving weigtage does not ipso-facto mean that each and every statement made by a medical witness should be accepted on its face value even if it is self contradictory. Kindly go through the case reported in AIR 1999 SC 2416.

Query posted by S.P.Singh Advocate  ,New Delhi ,  on 8/1/2010 7:33:00 PM
Field-
Field Criminal laws
QUERY Please tell me the settled law on appreciation of circumstantial evidence in criminal cases.
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION Mr.S.P.Singh Advocate,In Sharad Dildy Chand Sarda Vs State of Maharashtra, reported in AIR 1984 SC 1622, The apex Court Laid down five principles which are known as PUNCHSHEEL GOLDEN PRINCIPLES for cases based on circumstantial evidence. These five golden principles are: 1. The circumstances from which the conclusion of the guilt is to be drawn should in the first instance be fully established. 2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should be not explainable on any other hypothesis except that the accused is guilty. 3. The circumstance should of the conclusive nature and tendency. 4. They should exclude every possible hypothesis except the only to be proved and, 5. There must be chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with innocence of the accused and must show that in all human probability the act must have been done by the accused. All the above referred conditions must be fulfilled before a case against accused based on circumstantial evidence can be said to be fully established.

Query posted by s k saxena  ,Bhilai , chhatisgarh  on 7/25/2010 10:06:00 PM
Field-
Field Real Estate
QUERY I HAD BOOKED A FLAT IN A MULTISTORY FLAT BUILDING AT BHILAI IN 2008, BUT AS THE WORK PROGRESSED DUE TO POOR QUALITY I DECIDED TO CANCEL MY BOOKING, THIS I INFORMED TO BUILDER.I HAD GIVEN 3 LAKH THIRTY THOUSAND THE BUILDER RETURNED 1 LAKH AFTER LOT OF CHASE UP,BUT NOW STILL 2.3 LAKH IS TO BE RECOVERED,UNDER THESE CIRCUMSTANCES KINDLY SUGGEST ACTION.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear S K Saxena, you have not mentioned the mode of payment(Cheque, cash, DD etc). You may report the case to police( for immediate action) or may file a plaint in civil suit(but this may be a time taking procedure.)

Query posted by SS SINGH  ,Delhi , delhi  on 7/25/2010 8:36:00 PM
Field-
Field Legal Exams
QUERY Sir,i am central govt servant.i did LLB DEGREE FROM BANGALORE UNIVERSITY WITHOUT TAKING NOC FROM MY CURRENT EMPLOYER.I DID USE MY SATURDAY AND ALL CL/EL FOR MY DEGREE AND AFTER HARD WORK FINALLY I PASSED MY LLB EXAMS.HOWEVER COLLEGE DID SUPPORT ME FOR CONSIDERATION MY ATTENDANCE.I WANT TO KNOW THAT CAN I APPLICABLE TO GIVE LEGAL EXAMS/JUDICIAL EXAMS FOR DIFFERENT STATES? ALSO CAN I DO FOR ENROLMENT FOR LAWYER?PLEASE HELP ME. THANKS
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear SS SINGH, yes you may apply for judicial exams and can also apply for enrolment as an advocate.

Query posted by roopa  ,Ghaziabad , uttar pradeh  on 7/24/2010 3:15:00 PM
Field-
Field Taxation
QUERY is there any examination for the job in taxation in government organisation and what is the process of PCSJ
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Roopa, Please visit link --http://www.judicialcompetitiontimes.com/FrequentlyAskedQuestions.aspx for PCS-J Exams.

Query posted by Rajeev Sharma  ,Chandigarh , UT  on 7/24/2010 12:51:00 PM
Field-
Field Legal -Others
QUERY I want to know about the rights of the accused-person when he has been arrested by the police e.g. right to inform the accused on which ground he has been arrested by the police or right to inform the close relatives etc. if these rights are voilated by the police than what are the remedies available to the accused against the police.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Rajeev Sharma , you may take recourse of Human Rights Commission.

Query posted by dinesh  ,Mumbai , maharashtra  on 7/23/2010 11:37:00 PM
Field-
Field Service Matters
QUERY sir i have given some material to country club to use for 2 month but now they are not returning and not paying money also
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear dinesh , you may report matter to Police and may file a complaint in court of Justice for neccessary action.

Query posted by suryanarayanan  ,Chennai , tamilnadu  on 7/12/2010 7:50:00 PM
Field-
Field Matrimonial Disputes
QUERY Please give me a legal advice I loved a girl & got married in the last sep 2009, But my parents accepted the marriage & we lived together for 3 months, after that my wifes family also accepted their marriage. but after that there is some misunderstanding between my wife & my parents. So we lived seperately still now. But now my wife is telling me dont go to my home, dont see my parent like that, she is pregnant now, my parents are also dont speak with me. Because of the complesion of my mother in law, my wife is daily doing problems with me. but i want both my wife & parents.I dont want to leave any of them. I am in very mentally distrubed stage. My mother in law told me that if you go to your parents home or speak with your parents then my dauther will abortion the baby & i will put a case against you & your parents stating that you & your parents are tourchering my dauther asking dowry like that. so please help me, to get relief from this problems kindly mail me your advice thank you.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear suryanarayanan ,you may immediately move an application to SP and court of your city mentioning all the facts.

Query posted by Mallikarjun Somu  ,Vijayawada , Andhrapradesh  on 7/12/2010 5:20:00 PM
Field-
Field Legal Exams
QUERY How to prepare Advocates-On-Reord Test, can you give syllbuss and you can suggest books
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Mallikarjun Somu, you may refer to link "http://www.supremecourtofindia.nic.in/aorexam2010.pdf" for syllabus and books for advocate on record examination.

Query posted by Sanjeev Kumar  ,Saharanpur , Uttar Pradesh  on 7/6/2010 7:48:00 PM
Field-
Field Judicial Exams
QUERY Respected Sir, I have master degree in chemistry and law but without guideline and target i can not success in his life & now my age is 33 years. I belong to Uttar Pradesh. I joined armed force as a clerk in 2004 due to my family problems. As a government employee i have no registration as an advocate. I wish write the judicial exam for any state according to my age. I have no material for give the examination can you provide me online guide for preparing above examination or any suggestions for above. Which books will be helpful for the preparing for judicial exams or in PCS-J Kindly guideline me, from which method I study for the competition of PCS J, related information & important factors....? Can anyone suggest best way to qualify PCS-J exam in first attempt? I become a judge under your supervision. I am highly obliged to you sir.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sanjeev Kumar, Please refer to link- http://www.judicialcompetitiontimes.com/FrequentlyAskedQuestions.aspx

Query posted by rafia  ,Anantapur , Andhra pradesh  on 6/22/2010 12:57:00 AM
Field-
Field Legal -Others
QUERY Sir,i have floormill runing above 50 years, my neighbour is complient in Municipality i have problem with dust the produce by floormill,but mean reason is he occupie land illegal that belongs to mine and their he construct bathroom,then he doing blackmail like this, you leave that place otherwise i stop the floormill.he also write a letter to commissioner according with healthact 1933 section 44&134,pls advice wht to do and i get my land back
Query Replied by Rakesh kapoor
EXPERT OPINION Dear Rafia, It is a settled Law that no commercial or industrial activities must be carried in residential area.If any such establishment is running, it must be immediately stopped. Now, if you are a registered owner of the land on which complianant is constructing bathroom, then you may take recourse to SSP for illegal possession of land and request him to evacaute the said land and restore possession to you.

Query posted by Sheetal  ,Gurgaon , Haryana  on 6/17/2010 4:28:00 PM
Field-
Field Civil Laws
QUERY We have sold our car through dealer to the third party 6 months ago. We have all the proofs of the dealer and the third party to which car is sold. Now after 6 months,third party had an accident, and now we come to know that third party has not registered the car and the summon are issued against our Name. Kindly suggest how to deal with this?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sheetal,whenever any person sell any vehicle, it is always advisable that he must, as soon as possible tranfer/register the vehicle in purchasers name in ARTO office. Now,you have mentioned that you have not transfered the vehicle in purchaser`s name in registering authorities.It become quite difficult to escape the liablity in such cases. Now, if you have any evidence that car is sold like sale letter,cheque if any recieved in favour of sale,reciept,transfer letter,transfer of possession letter, then these can can be used as defence in your case.

Query posted by manoj  ,Ludhiana , punjab  on 6/15/2010 8:51:00 PM
Field-
Field Legal -Others
QUERY HI SIR I HAVE DONE MY LL.B AND DOING PRACTISE AS AN ADVOCATE NOW I WAANA TAKE COACHIGN IN DELHI KINDLY PROVIDE ME SOME GOOD INSTITUTION WHO PROVIDE BEST COACHING I HAD HEARD NAME RAHUL ACADEMY IN MUKHURJI NAGAR KINDLY TELL ME IS IT BEST FOR COACHING KINDLY TELL ME IN CEOLL NUMBER 09888751811
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear manoj,we do not suggest name of any institution. It is purely the discreation of the user.

Query posted by bhavesh solanki  ,Padra , gujarat  on 6/11/2010 4:44:00 PM
Field-
Field Judicial Exams
QUERY i am pass jcs-exam gujarat passed. the exam is 3-tier system.now i have face interview. what type of questions ask in the interview.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Bhavesh Solanki,it is seen in numerous interviews conducted by various high courts and public service commissions that questions related to law is frequently asked from Act with (C-Letter) like Contract act, constitution, Crpc,CPC etc.So it is advisable that you must command over this acts.As the authority had already checked your knowledge in Pre and Mains exams relating to law,your must get yourself prepared for personality and current legal spheres.

Query posted by b.s.kumar  ,Jalandhar , PUNJAB  on 6/3/2010 11:06:00 PM
Field-
Field Criminal laws
QUERY a man issues two cheques of Rs.51000each in thew year2007.He fills cheques leaving the dates of both the cheques.The holder of the cheques misuses these cheques in year 21009,writes dates17.4.09 and 21.04.09,makes two billsshowing sale of two lap tops,files suit,sale of goods is not accepted and acknowledged on bills or otherwise.Does it make the maker of cheques lgally liable to pay.
Query Replied by Rakesh kapoor
EXPERT OPINION Dear b.s.kumar, "did you mentioned on the back of cheque the purpose for which it is issued"? If yes, and if it is other than the purchase of laptop as you have mentioned, then you are not liable to pay for such purchase.

Query posted by Rajeev Sharma  ,Chandigarh , U.T.  on 5/28/2010 2:35:00 PM
Field-
Field Legal -Others
QUERY I am Rajeev Sharma doing Law from Panjab University, Chandigarh. Can I become the member of ur site and plz tel me the procedure becuase in registration form there are specifying some columns like licence no., specialisation etc. I am a student so i hv neither work experience nor any bar council licence or specialization plz tel me how i get membership of this site.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Rajeev Sharma,surely you can become a member of our website. Do not select the fields which are not applicable in your case.

Query posted by AJAY  ,Ahmedabad , GUJARAT  on 5/28/2010 1:34:00 PM
Field-
Field Legal -Others
QUERY SIR,WE HAVE OUR OWN HOUSE WHICH WE PURCHASED BEFORE 10 YEARS BUR AT THAT TIME THERE WAS TENANT AND THEY ARE ATILL LIVING ON RENT BUT NOW WE WANT OUR HOME BACK AND WE WANT THEY GO SOMEWHERE ELSE.SO PLZ CONCERN ME IN A SUBJECT.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear AJAY, did you got any rent lease (Kirayananama) signed by your tenent.If yes, let us know, mentioning the periodicity, rent and terms of lease.

Query posted by amar phutane  ,Kohlapur , maharastra  on 5/25/2010 8:57:00 PM
Field-
Field Real Estate
QUERY in sahakar court total over dues is clamed 937000 & bank notice me 1807430 how its possible
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear amar phutane, your query is confusing and not complete. Please send your query with brief facts.

Query posted by Surender Kumar  ,Chandigarh , Chandigarh  on 5/15/2010 10:51:00 AM
Field-
Field Judicial Exams
QUERY Sir/Madam, I Have Ph.D Biotech degree as well as LLB. is there any use of my Science Degree/Skill in the field of judicary or IPR. Surender age 32
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Surender Kumar, Judicial Services does not require any specialisation in field of Bio Technology. If you practise as a Lawyer it will be great use in dealing Foreignsic ascpects in cases.

Query posted by mukund kumar  ,Muzaffarpur , Bihar  on 5/10/2010 4:02:00 PM
Field-
Field Judicial Exams
QUERY What is the maximum age for PSC-judicial examination. My age is 30. Can I appear in judicial examination upto 35 years without experience.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Yash, Different States perscribe different age limit. You have not mentioned the state for which you wish to appear.We are giving some of the exams name with thier age limit...1. HARYANA PUBLIC SERVICE COMMISSION, CHANDIGARH Eligibility Age: 21 Years to 40 Years. 2. Uttarakhand Public Service Commission Age: 22-35 years.3 Himachal Pradesh Public Service Commision,Shimla -Eligibility Age: 23-30 years.

Query posted by yash  ,Agra , Uttar Pradesh  on 5/5/2010 4:41:00 PM
Field-
Field Criminal laws
QUERY when a person got the injuries in his head and got his treatment by private doctor. After two days he approach the government doctor to have MLC. Doctor gave him MLC and and mentioned that all the injuries are two days old. Now i want to know that can he moove an application under section 156(3) for lodging his FIR as police personnel mare not hearing him
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Yash, you must send a registered letter to SSP or Commisioner stating all the facts relating to commission of offence. If, the case is still not registered you may take remedy of 156(3) annexing the copy of regisreted letter written to SSP or Commissioner.

Query posted by Mukund Kumar  ,Muzaffarpur , Bihar  on 5/2/2010 10:19:00 PM
Field-
Field Judicial Exams
QUERY I am an Advocate in Taxation field in Muzaffarpur-Bihar. I filled HP Judicial Service form I received admitcard for exam on 15/05/2010.I have no material for give the examination Can You provide me online guide for preparing above examination or any suggetion for above.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Mukund Kumar,you can register and get your account activated.After activation of your account you may view material for objective type questions, syllabus,online mock test facility, subjective type questions, leading case laws etc.Please see Payment options for getting your account activated.

Query posted by saraswathi  ,Chennai , tamilnadu  on 5/1/2010 8:54:00 PM
Field-
Field Judicial Exams
QUERY Im 41 yrs, i have just completed my law degree. Im i eligible to write magistrate examinations?.Kindly guide me.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear saraswathi, the age limit for most of HIGHER JUDICIAL SERVICES conducted by different High Courts is 35 years to 48 years with 7 years of practise experience as a lawyer.

Query posted by Deep Mukherjee  ,Kolkata , West Bengal  on 5/1/2010 11:41:00 AM
Field-
Field Legal -Others
QUERY Sir,I want to open a sole proprietorship business,so do i need to register my business? If I open a shop inside a shopping mall do I need to register my business with some authority? Further, if I open a partnership business then do I have an obligation to register it?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Deep Mukherjee ,whether you do a proprietorship business or partnership bussiness , you have to get your firm registered with authorities. Without registration of your firm you will not get a right to sue, if the value of business exceeds Rs100/-.

Query posted by Arvind Saraswat  ,Mathura , UP  on 4/15/2010 1:54:00 PM
Field-
Field Criminal laws
QUERY Can a person lodge a false case that I have taken money from him for helping him in getting a government job in my sisters department U/S 420 of IPC
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION Yes. If on the facts a case u/s 420 IPC is made out.

Query posted by ruchi chaudhary  ,Faridabad ,  on 4/11/2010 11:45:00 PM
Field-
Field Judicial Exams
QUERY i have comleted LLB, infact i am a registered lawyer in DELHI HIGH COURT. i want to apply for judicial exams , what is the max age limit for UP judicail exams. when does the exam take place and how can we get the latest information about when and how exams take place.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Ruchi Chaudhary, In Uttar Pradesh Judicial exams are conducted in two ways 1.PCS-J( Civil Judge Junior Division Examination) conducted by Uttar Pradesh Public Service Commission. 2. Higher Judicial Services (HJS) conducted by High Court of Uttar Pradesh Judicature at Allahabad.You have not mentioned for which of above you wish to appear Pcs-J or HJS. Whenever any vacancy is created our website provides a prompt information at Jobs Updates link.Syllabus for both exams are already given in our website.

Query posted by Ramesh Parmar  ,Rajkot , gujarat  on 4/11/2010 11:10:00 AM
Field-
Field Legal -Others
QUERY My friend wants to buy propert and asked me if I can give him friendly loan "NO INTEREST CHARGED" and my friend will give me postdated cheque.As I donot have money lending/loan giving licence & I am not into this business.But this would be frienly loan.What should I be doing legally before I get involved in this matter and loan he is asking me is for Rs 40 Lacs.Please Advice.Thanking you.
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION You must have liquidity for the said amount. As the amt. is proposed to be interest free lisence for money landing is not required but you must verify that in your state wheather lisence is required or not. you are also advised to keep security against the loan amount as safty measure.

Query posted by ajaymaddirala  ,Hyrderabad , Andhra pradesh  on 4/10/2010 8:21:00 PM
Field-
Field Legal Exams
QUERY sir i filed in tenth class i dont have 10th and intermediate certiticates can i write junior civil judge exams please advice me sir
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION NO. Eligilibity is law graduate.

Query posted by CP Venkatesan  ,Coimbatore , Tamilnadu  on 4/5/2010 9:46:00 AM
Field-
Field Real Estate
QUERY I am living in an apartment in Coimbatore which was completed in 2003 and the flats and car sheds have been handed over to respective registered buyers and the original land owners. Now a flat owner has shown a letter purportedly issued by the builder, claiming that a car shed has been allotted to him in the common area . There is no registration to prove the validity of his claim. Is it possible for the person to get car shed now registered and make a claim.
Query Replied by Ravindra Kumar Kapoor Advocate
EXPERT OPINION Dear CP Venkatesan, first of all you verify the fact whether the area alloted was shown as common car shed in the plan sanctioned from deveoplment authority.

Query posted by SK Yadav  ,Panipat , Haryana  on 3/16/2010 6:07:00 PM
Field-
Field Criminal laws
QUERY sir, my question is thatsome body pasted my wife photo on sale deed and police registered the FIR against my self and my wife but as per report of Govt. FSL report that the thumb impression is on sale deed are not my wife. Please confirm me that we are accused in that case
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear SK Yadav, The report of CFL is in your favour.Your matter is subjudice before court.We cannot confirm your accusation as it is to be decided by court

Query posted by prem srivastav  ,Jamshedpur , Jharkhand  on 3/10/2010 5:36:00 PM
Field-
Field Criminal laws
QUERY i stay at gujarat & got married at jharkhan (Tatanagar) after 4yrs of marriage i have recd summon ag. 498a... wife is not staying with me from last one year.i have one baby kid of 3yrs old.pl guide wht law applicabe for two different state & what are chance of ecspace from false aligation
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION Dear prem srivastav, Section 498-A IPC is provided in Indian Penal Code which is a central Act and applicable to all states in India universally. As you have not mentioned the factum of the case, so no opinion can be formed for your escape from the case

Query posted by balaji  ,Chennai , Tamil Nadu  on 3/10/2010 12:57:00 PM
Field-
Field Real Estate
QUERY i am interested to buy a ppartment in south chennai but the patta is not transfered to the builders name he says he will buy and give ,is it advisiable to buy
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Balaji, it is not advisable buy.

Query posted by balaji  ,Chennai , Tamil Nadu  on 3/10/2010 12:57:00 PM
Field-
Field Real Estate
QUERY i am interested to buy a ppartment in south chennai but the patta is not transfered to the builders name he says he will buy and give ,is it advisiable to buy
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Balaji, if property is your father`s self earned property you cannot claim share as matter of right. Now if the property is ancestoral and your father inherited it from thier antecedents then you can claim the partion and move to civil court for your share.

Query posted by NAVIN JADHAV  ,Pune , Maharashtra  on 3/9/2010 6:56:00 PM
Field-
Field Medical Jurisprudence
QUERY I’m Navin Jadhav residing in Pune City with my wife, son (4.5 yrs), younger sister, mum & dad. In the month of Nov’09 my wife conceived as we planned to go for second baby, we followed all medications, tests & check ups advised by the doctor. Things were really impressive until 2nd last check up (5th Feb-10) then we were advised for a re-visit after a month (5th Mar-10). Upon visiting on 5th Mar-10 we were informed that the baby was deceased and we need to abort. I took the report and got my wife hospitalized in Ruby Hall Clinic Pune, where abortion procedures were done. My wife still not recovered from this incident & it was first ever incident occurred in my family & in law’s family. We both are physically well to go for second baby. I’m not sure whose fault it was but I strongly believe there has to be some mistake from the doctor’s end. Today I got to know, historical record of the doctor is also not good. Please advice me whether or not should I go for a law suit against the doctor. If yes, what would be the procedures?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Navin Jhadav, as per you query nothing found which ascertain a negligence on the part of doctor. You visited doctor on 5th feb 2010 and everything was fine on that day. Now you again visited your doctor on 5th march 2010 and came to know that baby is dead. Nothing within this period show any negligence on part of doctor. You have also not mentioned the cause of death of baby which can corelate it to doctors treatment.If you have any other strong evidence against doctor then you may report the case to police.

Query posted by Pavan  ,Bangalore , Karnataka  on 3/8/2010 3:10:00 PM
Field-
Field Civil Laws
QUERY My fathers brother is involved in some criminal case and is absconding. Now the police are calling my father for investigation about the same. Please suggest what we have to do to get over from this because its harassment for us to answer the questions in-spite of not doing anything.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Pavan, you may approach suprintendent of police or may write to Human right commission.

Query posted by  ,New Delhi , N.Delhi  on 3/6/2010 9:54:00 PM
Field-
Field Real Estate
QUERY My father are 4 brothers and one sister, plz advise what is the legal way to involve the court, for the devision of the parental property among them, as we are not able to arrive at a agreement mutually.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear, if division of ancestoral property is not possible with mutual free consent ,then you may approach to civil court making all persons parties interested in property.

Query posted by SIVA  ,Hyrderabad , Andhra Pradesh  on 3/5/2010 7:11:00 PM
Field-
Field Legal -Others
QUERY I AM A GOVYT EMPLOYEE GIVEN SURITY/CO APPLICANT TO ANOTHER GOVT EMPLOYEE WHO IS ON DEPUTATION TO OUR DEPARTMENT ABOUT TO RELIEVE VERY SHORTLY, WHO IS ALSO ABSENT FOR DUTY FROM 6/2009 ,AND HIS SALARY HAS NOT BEEN CLAIMING SINCE 6/2009 NO CUTTING FOR HIS PERSONAL LOAN HAS BEEN CUTTING AS EMI FROM HIS SALARY.BANK RECOVERY OFFICERS R FORCING FOR ME TO PRESS HIM. HOW TO AVOID SALARY CUTTING AS I HAVE GIVEN SURITY/COAPPLICANT , IS THERE IS ANY WAY FOR ANTICIPATORY STOPPAGE LEGALLY , TO AVOID CUTTING FROM MY SALARY IN FUTURE? PL GIVE ADVICE
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear SIVA,you may ask the person to give new surety to bank replacing you.

Query posted by Manwendra Kumar Lal  ,Ranchi , Jharkhand  on 3/3/2010 5:39:00 PM
Field-
Field Legal -Others
QUERY Dear Sir I am 32.5 years old man .I have one elder brother. I am resident of Ranchi. I possess a native house but this is in the name of my Grand father. My father who is expired have 4 brothers. Among them on resides with us in Ranchi in the same home. The others three resides out of Ranchi but out of Jharkhand. Neither they pay taxes nor they are bother for repairing house. Uncle’s son who resides in the same house has made rooms 5 years back. During building of the rooms my 4 uncles opposed him and with this result a mutual agreed agreement is made. There were no Spectators for this purpose. Everyone including me since father is expired have signed the agreement but my brother has not signed owing to the reason that if they vacant the rooms which is mutually agreed to give to us that only he will sign the agreement. But I want to sue a petition to acquire my part and hire a Govt. legal adviser since I do not have enough money. Please advice me from where I could hire Govt. Advocate and what is the purpose for it. Regards Manwendra Kumar lal
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Manwendra Kumar Lal, to get a goverment lawyer ,you have to sue as pauper. You may apply to court to sue as pauper. Court after satisfaction that you do not have sufficient means to pay court fees and engage lawyer may allow and direct to sue through govt lawyer.

Query posted by chaitali Santra  ,Kolkata , West Bengal  on 3/2/2010 9:12:00 PM
Field-
Field Service Matters
QUERY I LOST MY GRADUATION MARKSHEET, PLEASE TELL ME HOW I CAN GET FROM MY UNIVERSITY(WEST BENGAL UNIVERSITY OF HEALTH SCIENCES)
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear chaitali Santra,report the matter to police for lost of documents.Give notification in newspaper for lost of document.Then Apply to univerity for issue of another copy of marksheet intimating the loss of such document annexing the copy of police report.

Query posted by mathi  ,Chennai , Tamil Nadu  on 3/2/2010 6:10:00 PM
Field-
Field Company Laws
QUERY Iam an Engineer with MBA,having 15 years of experience,Served five years for a reputed corporate company which has over 50000 professionals,have been terminated while working, without serving any reason,notice period or termination letter in this regard. I have been hospitalized for 8 days due to thier illegal act and being unemployed till today. I have lodged a criminal complaint against them but enquiry is pending. Also i have sent legal letter to them for initiating legal action. They replied and accepted their termination through their reply, the only document states the termination. They are not allowing me to work inside, tried to capture my employee id card, but i have denied and the card is with me. After repeated request through my lawyer , they have not sent my termination notice or service letter or any setllement till today. Iam a physically challenged person, terminated from the company from 6 august 2009, not even got any settlement,termination notice and service letter ,struggling to get an opportunity and do not know my employment status in the said company. Finally my lawyer has sent an letter to them for getting the termination letter but they did not reply.We have clearly mentioned in the letter it is considered that i have been treated as continuous in the emploment and eligible for continuous salary from aug 6th onwards,but for no response from the company. I have requested service certificate through registered post but HR department is not approving the same. it is clearly visible that they are doing career damage and i need your advice on getting immediate settlement and if any action to be taken against the concern in proper way,please your advice and suggestions is highly valuable. Advance thanks.
Query Replied by Rakesh Kapoor advocate
EXPERT OPINION Dear mathi, you may approach hon. HIGH COURT by way of filing a writ.

Query posted by vinay  ,Delhi , Delhi  on 3/1/2010 5:15:00 PM
Field-
Field Legal -Others
QUERY I got arranged married in Oct 2009. we were to register our marriage in few days.But before that soon after marriage we found that the girl was niether compatible to me nor to my family. Soon afetr marriage she told that she just got married for sake of her parents. GIrl worked somewhere else so she went back and never herself tries to contact me or my family which created irritation and tension for us. We decided to ask that girl the prblems and slowly we made that family to contact marriage councellor Coucellor view is also the same that we cant live together but parents of the the girl wanted more time Now that girl is not living with me We had never any physical relation We have written few letters also to get separted by mutual consent but now theyhave even started skipping the councellor dates and they are not responding to our mails Obviously now i dont want to register my marriage Can u guide what and when shall be done to get separted sumhow and move ahead peacefully If someone wants to remaryy in thiis kind of condiition can that family claim sumthing Reagrds
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear vinay, genarally the divorce petition is allowed when one year has lapse since marriage. But if it appears to the court that such situation has arisen that it has become just and emergent that divorce be made, then the court may order for divorce. Any partner not making matrimonial union is deemed to be a cruelty and a strong ground for divorce. Any married person if remarriage during the subsistence of his spouse is offence and punishable in Indian Penal Code.The girl cannot claim for maintenance under sec 125 Crpc as she is already working and able to maintian herself.

Query posted by rajiv dwivedi  ,Hoshiarpur , Punjab  on 2/27/2010 2:52:00 PM
Field-
Field Real Estate
QUERY i want my share from my land but my dad is in new zealand and he is not co-prating to his family because he is marry to some other women there
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Rajiv Dwivedi, legally one can claim a share from parental property only in ancestoral property during the life time of his father.Son or daughter do not have any claim in self earned property of father. If you are claiming for the ancestoral property , then you a remedy to file a suit in civil court for share in ancestoral parental property.

Query posted by Kumar  ,Bangalore , Karnataka  on 2/26/2010 9:46:00 PM
Field-
Field Real Estate
QUERY Dear Sirs, Six month back we planned to purchase a Plot of 2200sq.ft near Hoskote, Bangalore Outskirt with a local Builder (A) paying an advance of 2 lacks with an unregistered deed valid for 6 months. The land was a converted from agriculture land back in 1990. Last month when we decided to pay the rest of the agreed amount before the due date accidently we found from the online Bangalore official website that there is no such records exists. Since Karnataka govt. is a completely observed e-governance, we want to know whether the details on the website http://bhoomi.karnataka.gov.in is accurate and true. The real issue is that the particular plot and land from whom we intended to purchase was purchased by (A) from the original owner (B) in 2001. But when we checked with the website for the particular survey numbers and katha numbers, we found that no where A’s details are mentioned but whereas only B & B’s wife’s details were mentioned. But the Mutation Extract shows that, in 2006-07, B has tried to register the same survey numbers with B’s wife name & was rejected as fake records. Moreover A has obtained bank loan from the site in 2007 keeping the same site as mortgage with Karnataka Financial Institution & has got it cleared in 2009. Now please advice, whether we can go ahead with this … Regards, Kumar.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Kumar, We cannot ensure you for the correctness of data uploaded in any website. You can verify the record relating to land, its owner, dimension,mutation if any, encumbrance if any from the Land record office.So we donot advice you to purchase plot untill above favourable information is recieved in written from goverment office of land records.

Query posted by henry  ,Bangalore , Karnataka  on 2/26/2010 3:22:00 AM
Field-
Field Taxation
QUERY Since i have been terminated and mentioned as absconded by my employer is it still necessary for me to pay TAX or file my returns and if so how should i do it with only 3-monhs salary slip.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Henry, Tax liability is calculated from all sources of income whether it is from Job,business, capital gain or any other mode.It is mandatory to file a return whether you have income or not.You can take help of you income tax consultant to file a return.

Query posted by henry  ,Bangalore , Karnataka  on 2/26/2010 3:22:00 AM
Field-
Field Taxation
QUERY Since i have been terminated and mentioned as absconded by my employer is it still necessary for me to pay TAX or file my returns and if so how should i do it with only 3-monhs salary slip.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear dnyaneshwar zarkar, an application can be moved against the witness in court for initiating a proceeding of contempt of court, as abusing in open court is nothing but creating hinderence in working of court.You may also file an FIR in other sections of IPC.

Query posted by mrs usha  ,Chennai , Tamil Nadu  on 2/23/2010 11:17:00 PM
Field-
Field Legal -Others
QUERY i am an ex employee of a bank and i lost my job long back,without enquiry from the management. will i get justice even though it is past 7/8 years? pl help me. since then i am sick and unable to move or visit any lawyer
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear mrs usha , you have not mentioned the reason for lost of your job.Did you get any notice or termination letter for expulsion from your Job?

Query posted by Bimal Paul  ,Dirugarh , Assam  on 2/22/2010 10:59:00 AM
Field-
Field Criminal laws
QUERY Arun is chargeed of murder of Varun. the charge sheet is filed in courtof chief judicial magistrate,who passed an order of sentence of imprisonment for life. arun engaged me as a lawyer to advise him ,what advise giving him with reasons.
Query Replied by Rakesh Kapoor.
EXPERT OPINION Dear Bimal Paul, The court of chief judicial magistrate is not empowered to try the case that falls under sec 302 IPC.The power lies with the court of session.So any order passed by court of Chief Judicial Magistrate is without jurisdiction

Query posted by SHABINA  ,Mumbai , Maharashtra  on 2/19/2010 12:16:00 AM
Field-
Field Criminal laws
QUERY if two person are granted bail on same case ,can the third person also be granted bail as regard to parity ????
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear SHABINA, if the role of third co-accused is same and on same footing as of other two co-accused who has already been enlarged on bail.There are more chances of getting bail on ground of parity.In so many judgements ,it has been held by Hon'ble High Court,parity is a factor to be considered but not a deciding factor.

Query posted by Joby Mathew  ,Ghaziabad , Uttar Pradesh  on 2/16/2010 8:51:00 PM
Field-
Field Real Estate
QUERY 1. I have booked a MIG Flat during Feb 09. 2. I have paid a total of Rs. 6,62,500/- (Rupees Six Lakh Sixty Two Thousand Five Hundred only) in three installments as our share of the cost and rest was to be obtained as Bank Loan as agreed between us and the builder. Accordingly, I had handed over necessary documents alongwith the cheque for the processing fee to the rep of the builder, to be submitted to the Finance Company/Bank for acquiring loan for the balance amount. Initially the documents were submitted in ING Vysa Bank. Though the Bank has encashed my cheque but did not agree to pay the same for your project and communicated the same to me. Again as per directions from the builders office manager, the documents were once again submitted with one more cheque with IDBI Bank and they also conveyed their inability to pay the amount to the builder. It is pertinent to mention that both the banks have not even returned the fees paid to them till now. The onus of non-payment of complete amount does not lie with me due to the above reason. 3. I am a combatant soldier and due to get discharged from the Indian Air Force very soon. The flat has been booked with the aim for us to settle down after my discharge from the service. 4. The builder is to complete the project and hand over our flat by 28 Feb 2010. But till now, not even half of the construction has been done and it is seen physically by visiting the construction site that the builder will not be able to complete the project even after my discharge from service or in further one more year. I have made the payments to the builder from savings from our daily bread & butter and withdrawal from my Provident Fund. I have lost the interest which would have been received for the amount paid to you for one year as well as the loan processing fee which we have paid. 5. Since there is no considered progress in the project as per the commitment, I have informed the builder in writing and I want to cancel the booking and requested him to return my booked amout of Rs, 6.62.5 Lac paid by me. When I checked about the progress of my request he said he will give suitable reply legally. 6. Kindly advise me that how to get my hard earned money back from the builder.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Joby Mathew,did you signed and accepted any contract with the builder either through application form for allotment of flat or otherwise.If yes kindly send us a copy for legal perusal for ascertaining liablity.If builder have given any notice for not cancelling your allotment of flat, then pls mail copy of that also for perusal.Now,you have option to take remedy for recovery for Money in court in Specific Relief act under Sec 7 (Recovery of movable property) , may file FIR for the cheating done to you by not cancelling the allotment.

Query posted by janeshwar v. pujari  ,Mumbai , Maharashtra  on 2/12/2010 2:33:00 PM
Field-
Field Real Estate
QUERY if property is in the name of big brother and small brother is the nominee,so both the brother has to sign the sale deed. or is there any clause like confirming clause in which it can be mentioned in the agreement that half the payment is received by the nominee. because the purchaser will break up the total consideration of the flat in both of them.
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear janeshwar v. pujari, you must make whole payment to the person in whose name is property.You take affidavit from nominee. See that any nominee deed in executed or not.Ask seller to rescind the nominee deed if any.Also mention a clause in a sale deed that nominee deed has been rescinded and now there exist no right of nominee in the property sold before or after death of seller.

Query posted by ROMITKR  ,Kolkata , West Bengal  on 2/10/2010 4:40:00 PM
Field-
Field Real Estate
QUERY MY FATHER AND UNCLE PURCHASE A LAND AND 4 SEPARATE DEEDS IN THE NAME OF MY MOTHER FATHER ^ UNCLE AUNTY EACH DEED HAVE 1/4 UNDIVIDED SHARE. NOW I WANT TO TAKE LOAN ON THE SHARE OF MY MOTHER & FATHER BUT THE OTHER PART WILL NOT SIGN ANY DOCUMENT. IS IT POSSIBLE TO TAKE LOAN ON MY PARENT PART.
Query Replied by Rakesh kapoor
EXPERT OPINION Dear ROMITKR, whoever wish to take loan from bank may have to create a pledge or security as per requirements of bank. Now bank will ask for the deposit of title deed.All Owners of the property (if undivided) must give his assent for mortgaging thier property.

Query posted by jaspaal j singh  ,Pune , Maharashtra  on 2/8/2010 9:45:00 PM
Field-
Field Criminal laws
QUERY my wife filed 498a after 5 years of marriage, we got divorced last year, they are doing prejudices in court, can i file 156/3 dowry probhition, against they for accepting that they gave dowry, i have filed for quashing
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear jaspaal j singh, if you file a case against your wife or her parent that they have paid dowry. it may be read against you as evidence in case of 498A, that you demanded dowry and cruelty is in course of that demand.

Query posted by jaspaal j singh  ,Pune , Maharashtra  on 2/8/2010 9:45:00 PM
Field-
Field Criminal laws
QUERY my wife filed 498a after 5 years of marriage, we got divorced last year, they are doing prejudices in court, can i file 156/3 dowry probhition, against they for accepting that they gave dowry, i have filed for quashing
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear jaspaal j singh, time period for giving a prior notice depend upon the party will to the contract.

Query posted by sanjay  ,Bharauch , Gujarat  on 2/6/2010 12:19:00 PM
Field-
Field Criminal laws
QUERY despite having asecurity deposite company has made acase of section138 by using my blank cheque in which ihave written only company name and my sign.pl.advise me case is positive for me or not?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sanjay,making a deposite to your creditors have nothing to do with a case relating to Sec 138 Negotiable Instrument ACT.If you have issued any cheque of any bank and in case it is bounced back due to insufficency fund in your account, the criminal case falling Sec 138 NI Act is made out.

Query posted by Somnath Banerjee  ,Kolkata , West Bengal  on 2/4/2010 11:01:00 PM
Field-
Field Real Estate
QUERY I have taken housing loan of5 lacs from a bank in year 2000 where Iwas an officer. The loan was taken on the undertaking that equitable mortgage will be created afterwards.But bank terminated my service in2005. Neither fresh DP note taken nor equitable mortgage created. Whether bank has any right for legal action. Whether the loan is a time barred loan under law of limitation
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Somnath Banerjee ,Yes, the bank has legal right to sue you though the mortgage deed has not been eexecuted. The bank has already taken an undertaking from you that mortgage can be created later on.The application law of limitation will depend upon the payments/installment or notices of bank you acknowledge , as it will be treated as acknowledgement of debt and the period of limitation will be counted from the period you last acknowldged.

Query posted by Asha Jain  ,Raipur (M.P) , Chhattisgarh  on 2/4/2010 1:36:00 PM
Field-
Field Consumer Protection
QUERY Sponge left in abdominal cavity during LSCS. Diagnosed by operating surgeon, operated elsewhere. Patient well. 54 days between the two surgeries. Party demanding 3.5 lacs to keep quietand not go to consumer and criminal court. Should settlement be made and what would be the protocol and papers to prevent future problems
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Asha Jain ,you cannot prevent whosoever effected to taken action in court of law.The party affected may file a FIR against you under various sections of IPC.

Query posted by jasvinder  ,Haridwar , Uttarakhand  on 2/3/2010 9:57:00 PM
Field-
Field Criminal laws
QUERY the applicant is a financier and financed to one for purchase of old truck.the amount financed was made by dd.the person also executed a hire-purchase agreement and same was endorsed in regional transport authority.when applicant asked the installments the person issued a cheque of rs 400000 in name of firm of applicant.the same was bounced due to insufficient fund tha applicant send legal notice which that person refused to take so applicant filed case of 138. during cross examination of applicant the applicant answered a question of accused lawyer that said cheque was brought already filled in front of applicant and the accused only signed the chequue in front of applicant. now the accused advocate moved a application in defence to call writing expert which was allowed by lower court my question is since tha applicant already said the cheque was already filled when it was brought in front of applicant and the applicant dont know if said cheque was filled by accused or not.now if expert says that the writing of signature and cheque filled is differ than will the case will close, any remedy or citation if any
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear jasvinder, it is hardly matters that contents others than signatures is not filled by the drawer.The point to be kept in mind is that the drawer had a knowledge of the contents of the cheque when he put his signature. Just for instance, an illeterate may not write the contents of cheque itself but after having a knowledge of contents to be true he put his thumb impression to the cheque he issued.

Query posted by Ishaq Y. N  ,Mumbai , Maharashtra  on 2/3/2010 1:42:00 PM
Field-
Field Consumer Protection
QUERY I have company name contiflex industries at Mumbai; we have supplied our material to a Bangalore based firm named Sri Sai Durga, machinery and tools, Peenya, Bangalore. Till date I have not received the due payment. Kindly inform the further procedure as soon as possible. Thank you Ishaq y N
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Ishaq Y. N, you may send a notice to the above named firm for making a payment within specified period for the material you have supplied to it(mentioning all particulars).You may asked the firm to make payment specified period else legal action can be instituted against it in the court of law.

Query posted by ravi ranjan  ,Delhi , N.Delhi  on 2/2/2010 7:43:00 PM
Field-
Field Criminal laws
QUERY a get ex-parte judgement against him in 125 cr.p.c. one year ago 20.01.2009. he never appear in court proceecing.court has passed 4000/-p/. he is poor belongs to labour class. what suggestion should i give to him.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear ravi ranjan, you may advice him to file an application for setting aside the ex-parte order issued against him.

Query posted by Santhosh  ,Surat , Gujarat  on 1/29/2010 3:08:00 PM
Field-
Field Consumer Protection
QUERY Sir, i have purchased few items from Big Bazar on 26-01-2010, as that day was a public holiday there was much more rush compared to other days. After reaching home i found that one item was missing in my bag and the payment was already debited as per bill. The next i approached the Big bazar officals and they denied the fact and informed me that no such items was left out and they are not liable to compensate for the same. Kindly mail your valuabel advise in this matter.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Santhosh, you must have checked the possession of goods when you have purchased articles.Seller cannot be held liable in the case you have send.

Query posted by Jay  ,Jalna , Maharashtra  on 1/29/2010 10:53:00 AM
Field-
Field Real Estate
QUERY Our 40 years back Rented/occupied commercial property sold to third party by the owener without our concern
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Jay, Please send the copy of rent deed for perusal

Query posted by Jay  ,Jalna , Maharashtra  on 1/29/2010 10:53:00 AM
Field-
Field Real Estate
QUERY Our 40 years back Rented/occupied commercial property sold to third party by the owener without our concern
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Kapil,you have an option to file a special leave petition in Supreme Court seeking a remedy of Transfer of Case u/s 406 on the ground of threat to life in the state of Nagaland or any other substantial reason if you have any or You can also call our legal expert for assistance.

Query posted by A.C.Chandran  ,Cochin , Kerala  on 1/29/2010 9:41:00 AM
Field-
Field Legal -Others
QUERY four married sisters&a brother.two sisters sold their share to brother.mother is alive. brother not willing to sell property to outsider.we like to sell it to outside as share price will be more. advoce me legal action to get our share, thanks.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear A.C.Chandran , any co-owner of any immovable property can sell it to any person of his will subject to the condition that property is not a dwelling -house belonging to an undivided family.

Query posted by Sudhin  ,Bangalore , Karnataka  on 1/27/2010 3:47:00 PM
Field-
Field Company Laws
QUERY hi, i have an offer from a company and i have resigned from the corrent employor.i have given 30 days notice period.but in the appointment letter it is mentioned as 90 days . and if manager approved it can be reduced.Is there any legal company lows which mentions that only 30 days are enough.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sudhin , the indian contract act provides for novation , rescinding and alteration of contract. In case the company alters the period of notice to 30 days in the contract you entered with them, you will be discharged from the liablity if any.

Query posted by Bankim  ,Ahmedabad , Gujarat  on 1/25/2010 1:39:00 PM
Field-
Field Legal -Others
QUERY I am Finance Consulant. I am Preparing Project report on behalf of customer and submitting the same to various Banks. Suppose Banks has financed the project and party has awailed the finance and company is not paying the loan repayment and it became defaulter. What is the responicibilities of finance consultant
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Bankim,the project you made shall not show the fictious financial status of customer for which you made your project.

Query posted by Prakash P Phalak  ,Mumbai , Maharashtra  on 1/23/2010 7:58:00 PM
Field-
Field Legal -Others
QUERY What action can be taken against a person who cheats many by way of not returning /repaying the money taken ( personal loan without any documents).Only witnesses are available.Pl advise.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Prakash P Phalak, you may report the matter to police authorities for registering FIR for said offence or can file criminal complaint against the person in the court.

Query posted by Tashi  ,Darjeeling , West Bengal  on 1/23/2010 10:12:00 AM
Field-
Field Cross Examination
QUERY Can Digital Photographs be admitted as evidence? If yes, then is the process of proving it similar to photographs with negatives??
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear Tashi, yes digital photographs are admitted as evidence. It is to be proved by providing original software with it is derived and digital pictures.

Query posted by Tashi  ,Darjeeling , West Bengal  on 1/23/2010 10:12:00 AM
Field-
Field Cross Examination
QUERY Can Digital Photographs be admitted as evidence? If yes, then is the process of proving it similar to photographs with negatives??
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear kiran sharma, you can file a case in court for restoration of conjugal rights. You may also claim maintenance for you and you daughter against him u/s 125 Criminal procedure code 1973.

Query posted by Biswajit Das  ,Kolkata , West Bengal  on 1/22/2010 11:17:00 AM
Field-
Field Civil Laws
QUERY I am a Physiotherapist,We have two brothers,elder brother(Pvt.service) staying with my father(retired bank serviceman) with his wife & only son.I leave our 2 storied building locking my room and now staying in rent for 2 years.My mother died before 1 year. Now my father offered me 1/3rd value of the property and he want to give total property in the name of my elder brother .What should I do ? Is it legal deal by my father? What should be the better deal for me please advice?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Biswajit Das, a person is entitled to dispose the property according to his wish and will which is earned by his personal diligence.So you cannot claim a property which is earned by your father and which is not ancestoral.

Query posted by namrata  ,Ambala , Haryana  on 1/20/2010 2:03:00 AM
Field-
Field Criminal laws
QUERY can a court summons issued on the accused in judicial complex in other state
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear namrata, yes it can be issued.

Query posted by namrata  ,Ambala , Haryana  on 1/20/2010 2:03:00 AM
Field-
Field Criminal laws
QUERY can a court summons issued on the accused in judicial complex in other state
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear namrata, yes it can be issued.

Query posted by kshitij  ,Delhi , N.Delhi  on 1/18/2010 3:04:00 PM
Field-
Field Legal -Others
QUERY hcl career development centre took a fees of 15k from me and promised to offer their java course and till 2 months didnt offered me a course after that when i went there , they said we dont teach java course here but can teach dot net course and forcefully agreed me. and till next 2 months i wasnt offered a course and after that when i went there to get my fees back they refused and said we called u but i didnt recieved a call. and i had given them my 4 numbers and address but they said thet they contacted on 1 number only and it was switched off and i didnt recived any letter from them about when my classes are going to start and not even a phone call. i was cheated and now they are refusing to pay fees. do i stand achance in winning the case and if yes wat maximum amount should i expect as a compensation
Query Replied by Rakesh Kapoor
EXPERT OPINION Dear kshitij, you can file a FIR for cheating done with you in any police station for which criminal proceeding against the promoter of Institute.For recovery of fee amount you may file a case in civil court.

Query posted by Sanjay Kumar  ,Delhi , N.Delhi  on 1/5/2010 10:56:00 AM
Field-
Field Service Matters
QUERY After serving 5 years in an autonomous company, I have been served a notice for termination of service without assigning any reason whatsoever. The letter says since your employment was not under regular category, the company does not want to give further extension of service. The appointment letter fiven at the tie of joining makes no mention of regular or contract. I believe it was hidden from me. Second, the appointment letter was signed by the director of the company but the termination letter is signed by the Deputy Director (Administration), simply stating that this has the approval of director. So, is this termination legally valid? Is it legally justifiabe to sack an employee after five years of spotless service without giving any show cause notice or explanation even once in the service tenure? please suggest where and how I should fight my case? I have no knowledge of these things.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Sanjay Kumar, did you enter into any bond or contract or did you signed any documents etc before you was employed in aforementioned company. Please send a copy of appointment letter for perusal. Let us know whether it is firm, Private limited company, public limited company, or Company under state or central government undertaking.

Query posted by PARIJAT SINGH  ,Lucknow , Uttar Pradesh  on 1/4/2010 3:14:00 PM
Field-
Field Legal Exams
QUERY SIR,PLZ TELL ME THAT,HOW TO PRAPERE JUDICIAL EXAMS(PCS J).
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear PARIJAT SINGH , Please click here for details http://www.judicialcompetitiontimes.com/FrequentlyAskedQuestions.aspx of judicialcompetitiontimes.com. This link provides you a basic frequently asked questions related to preparation for judicial exams.

Query posted by deb  ,Cuttack , Orissa  on 12/25/2009 9:12:00 PM
Field-
Field Medical Jurisprudence
QUERY legal options towards medical negligence on part of a doctor and staff & advice on the time frame from the time of death within which i can file a law suit
Query Replied by Anil Kapoor Advocate
EXPERT OPINION In consumer forum complaint may be filed within two years from the date from which cause of action arises.

Query posted by Yprasad  ,Vijayawada , Andhra Pradesh  on 12/25/2009 5:19:00 PM
Field-
Field Civil Laws
QUERY Dear Sir/Madam, My friend’s family consists of 6 numbers. Query is : my friend’s father is harassing his mom since their marriage day… for her children sake she had obeyed till now her health condition is very bad… she don’t want to break her family for any reason. Further more, he had retired without her signatures on the specific forms from APS RTC during this year and forgered her signature… We came to know he is maintaining an illegal connection with a woman. He is spending his valuable money and completely ignoring her. He is not allowing neither his children to continue their jobs nor he is trying to change his behaviour… She wants to secure her property and money as a wife and as a mother of a family.. What she can do ? how can she secure her property ? Can she go for obtaining an injunction order ? pl advise. Awaiting your reply
Query Replied by Anil Kapoor Advocate
EXPERT OPINION One may use his self acquired property as he wish.In his life time his self acquired property can not be claimed. It is only after one`s death that the property can be claimed.

Query posted by debjit mitra  ,Kolkata , West Bengal  on 12/25/2009 3:07:00 PM
Field-
Field Legal -Others
QUERY my sister and myself had given a loan of rs. 50,000/- each, against interest to a businessman, who is wealthy, but for the last 2 years he is not paying any interest to us. we had paid the capital in cheque and received interest quarterly through cheque and cash @ 15% yearly. it has been 2 years he is not paying anything and ignoring over phone, what legal steps can i take against him to sue him and get our money back ?
Query Replied by Anil Kapoor Advocate
EXPERT OPINION You may file petition in civil court.

Query posted by Upendra Kumar Acharya  ,Bikaner , Rajasthan  on 12/24/2009 1:12:00 PM
Field-
Field Legal -Others
QUERY The (Patta)licence of my house has been lost. The local authority, Muncipal Board has been issued it and also there it was not found. How can I get it.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION The lease deed must have been registered at sub- registrar office. you may get certified copy therefrom.

Query posted by Kaushal Raval  ,Mumbai , Maharashtra  on 12/22/2009 7:27:00 PM
Field-
Field --Select any one---
QUERY hello, i have a commercial premisis and have been running a pathology lab for the past 6 yrs. In the due course our building had gone for redevelopment and i now have possesion in the redeveloped building on the 1st floor.The redevelopment agreement was a three party agreement i.e. between builder, the society and myself. i want to expanded my business, and want to X ray centre in the extra space within the same commercial premises. The society has take strong objection to the same and is using arm twisting by quoting the following judgment "The ruling, passed by a division bench of Justices D K Deshmukh and Amjad Sayed, overturned a 2003 judgment and held that "separate entrance'-as required under the Development Control Regulation (DCR) 51 (III) for such nursing homes in residential buildings-necessarily meant an "independent' access and exit. " Please help in the above case
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Your case need detailed analysis . Send the details to email id rkkapooradv@gmail.com

Query posted by sunil kumar  ,Kullu , Himachal Pradesh  on 12/22/2009 12:08:00 AM
Field-
Field Criminal laws
QUERY bank memo for dishonour recived at 4:00 P.M on dated 13-11-2007 but the notice was already sent by the complainant on the same day 13-11-2007 at 11:30 A.M. also notice sent to mentioning wrong name of father and no aknowledgement has been recieved by complainant. even at the time of cross examination compalint has admitted that "Tiru Ram" is not the name of father of accused.sugest me the solution and law of Supreeme Court and other to save the accused
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION If it is established that the dishonoured cheque has been issued by accused and all the mandatory requirement of 138 N.I.Act had been complied with, mere mentioning of incorrect father`s name will not absolve accused.

Query posted by santosh  ,Mumbai , Maharashtra  on 12/21/2009 11:34:00 PM
Field-
Field Legal -Others
QUERY my client issue me cheque on 22/10/09 when i prent in bank for clearing he made stop payment of this cheque. What leagle action i take & how i recover my money.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Santosh,the stop payment instruction issued by the drawer to payee without giving any notice to drawee for stoping such payment ,make a criminal offence and the case falls under sec 138 Negotiable Instrument Act.If you have not recieved any notice by drawer of the cheque, then you have a remedy of filing a compliant against the drawer in the court of Magistrate of First Class

Query posted by Aarti  ,Ghaziabad , Uttar Pradesh  on 12/21/2009 4:57:00 PM
Field-
Field Legal -Others
QUERY sir I am LL.B Yast year student from CCS University (U.P.) in hindi medium. can i practice in delhi dist. court without knowledge in english because somebody says that without english knowledge you can not practice in delhi court. is it correct? please tell me.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Aarti, The majority of the proceeding in Delhi Courts are done in English. You have to be well versed in English language.

Query posted by Dr. Deepshikha Tripathi  ,Bhavnagar , Haryana  on 12/20/2009 7:53:00 PM
Field-
Field Civil Laws
QUERY what can be done if in spite of pronouncing the verdict in a open court, judge is not writting the judgment even after 75 days delay.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION You may file petition in High Court.

Query posted by HEMANT  ,Ahmedabad , Gujarat  on 12/20/2009 6:07:00 PM
Field-
Field Constitution
QUERY if chief justice of sci does injustice then would be responsible for it
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear HEMANT, it cannot be said that any order pronounced by hon`ble sci is injustice. If you are not satisfied with order, you can seek remedy by provision of review by sci or you can seek remedy from president of India.

Query posted by hema  ,Bangalore , Karnataka  on 12/17/2009 7:31:00 PM
Field-
Field Criminal laws
QUERY what is punishment when a man deserts his wife and 7 year old daughter by absconding for more than an year.?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION No offence is made out.He may be liable to pay maintaince for the both.Supported by other facts he may be guilty of domestic voilence and liable for other civil remedies.

Query posted by hema  ,Bangalore , Karnataka  on 12/17/2009 7:31:00 PM
Field-
Field Criminal laws
QUERY what is punishment when a man deserts his wife and 7 year old daughter by absconding for more than an year.?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION See the govt. policy from when it is applicable and its effects on earlier appoinments.

Query posted by Miten Mehta  ,Mumbai , Maharashtra  on 12/14/2009 11:44:00 AM
Field-
Field Service Matters
QUERY Hi, I am having tough time trying to get IndiaShoppings deliver me product. I ordered a book which they refunded as gift certificate due to them not being able to provide it (vendor does not have it). I requested them to refund me in same mode of payment (credit card) but as per their term and conditions amount less than Rs. 2000 is always refunded as gift certificate. They kept on making false promises (creating new complaint tickets) for long. I ultimately decided to use the gift certificate and ordered ShopperStop gift voucher. On not receiving it in time I contacted them but again they are not serious about delivering it. They as usual never email me back inspite of instructing them to do so and dont return phone calls. They dont strongly followup to do needful. Simple thing like providing the voucher they had made it impossible. They instead keep calling me for taking their membership and funny offers like astrologer discounts etc. I have turned them down and it seems that its their team effort to give hard time to clients who opt not to become their member. It would be nice if I could have some legal person like police be on telephone converstation and check them and have them fulfil their promises.
Query Replied by Rakesh Kapoor Advocate.
EXPERT OPINION You may lodge FIR with the police or may file criminal complaint in court for the offences committed. Contact your local lawyer to persue the matter under his advice.

Query posted by MEERA  ,Trichi , Tamil Nadu  on 12/5/2009 8:59:00 AM
Field-
Field Real Estate
QUERY One month before I have purchased a House in TAMIL NADU. After few days few people (Private Finance Company) approched me at my address stating that they are from ‘Finance Company, and they said house was mortgaged by previous owner. And they are looking previous owner of this flat. I informed them that i m the new owner of this flat then they said that this is illegal he cant sale this flat. [As per Finance company documents, said house was mortgaged three year before by Father of previous owner. Actually This house came to previous owner from his father, we have original document where house is registered in name of ‘previous owner’ . One year before Father of our previous owner expired ) ] Before registered everything was varified at the time of purchase. I informed them that they should look for the previous owner. They said that they will send me Legal notice to vacate this flat. Is there anything to worry about. PLease advice.
Query Replied by Parveen Kapoor Advocate
EXPERT OPINION If the father of previous owner mortgaged his property ,no better title can be transferred.you may send details for analysis and opinion to email id rkkapooradv@gmail.com or contact mob. 09897310081. Your querry is incomplete . Send complete details as mentioned above.

Query posted by CH.SRINIVAS  ,Hyrderabad , Andhra Pradesh  on 12/3/2009 11:44:00 AM
Field-
Field Criminal laws
QUERY SIR, I have filed a criminal case on defendant and other two witnesses concerned to forged receipt using hand writing expert opinion. I also mentioned in case that paid receipt might be created and forged by defendant and other two witnesses of receipt and it was happened at around eluru 1 town area police station. it is my expectation and I have no witness to prove this was happened in this area. court was forwarded to police to file FIR and do enquire it then report me. But police filed charge sheet and reported that there is no proof to say that this receipt created and forged by defendant and other two witnesses at this area. Note: Transactions between me and defendant have done at hyderabad. my native place is eluru. my question is : how should I go further? if trail court dismis this case what to do then?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear CH.SRINIVAS, when final report is submitted by police officer relating to any offence. It is not binding on the judicial magistrate to accept the final report and close the proceeding. Now,it is mandatory that court must ask complainant , if he want to say anything and file an objection relating to matter.If final report is accepted, You still have an option to file a complaint under Sec 2(d) against the accused persons.

Query posted by nisha  ,Kolkata , West Bengal  on 12/2/2009 11:04:00 PM
Field-
Field Real Estate
QUERY A summon has come in my name. when told by sister regarding my abscence the persone who brought it said to collect it from thana. should i go to thana and collect it? or not. i do not know why it has come. i am a simple honest public. please advise.
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Dear Nisha, Summons are call up issued by court of justice to appear before it and answer the proceeding, if any, against the person. If a person do not appear, the court may issue bailable warrant and then after non-bailable warrant.It is adviced that you must enquire the matter,either from court or police station.Do not panic. You can engage lawyer.

Query posted by krishna  ,Secundrabad , Andhra Pradesh  on 11/28/2009 5:27:00 PM
Field-
Field Criminal laws
QUERY Dear Sir, Plaintiff filed a suit in hyderabad for non-recovery of Rs.40000/ - of two promissory notes each Rs.20000/- each with interest at the rate of Rs.2/- per month. He submitted that he had not been received either principal or interest. Defendant submitted written statement with evidences such as bank deposits , transfers and some cash paid every month principal along with interest and final ack receipt in which plaintiff stated that he has received both principal and interest periodically and given this receipt due to misplacement of pro-notes . This ack receipt was signed by plaintiff . But the problem is that plaintiff got opinion from hand writing expert in his favour and expert wrote his opinion that the signature is signed by plaintiff on ack. Receipt is forged. Expert is not called for cross examination by plaintiff to prove this report. So this opinion was not marked by the court till judgement. While civil case going on, plaintiff filed a criminal case at his native place and he mentioned that ack. Receipt is created by defendant and two witnesses and it is created by them at his native place. Criminal court is forwarded to police to file a FIR and for enquiry about this case. Now it is under investigation stage. Now judgement is given by the civil court judge. Judge wrote that “ suit is decreed for Rs.40,000/- with interest at the rate of 2% per annum with costs from execution date of pro-notes till the recovery”. The complete judgement will come within one week or 10 days. My question : will criminal case(under investigation stage) also close if I paid decreed amount in civil court. If yes, please tell me the procedure to close both civil and criminal cases because defendant don’t want to go for appeal because of the civil case ran already for seven years..
Query Replied by Anil Kapoor
EXPERT OPINION Payment of decreed amont is different one . Even after payement of decreed amount the criminal proceedings does not comes to end.

Query posted by sundara Murthy  ,Hosur , Tamil Nadu  on 11/26/2009 8:14:00 PM
Field-
Field Cross Examination
QUERY i require croos examiniation points
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION Details of the evidence to which you want to cross examine ? Specify.

Query posted by Vibhuti Ranjan  ,Meerut , Uttar Pradesh  on 11/25/2009 6:53:00 PM
Field-
Field Legal -Others
QUERY Are schools considered as commercial institutions?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION For billing purpose? Specify.

Query posted by Vibhuti Ranjan  ,Meerut , Uttar Pradesh  on 11/25/2009 6:53:00 PM
Field-
Field Legal -Others
QUERY Are schools considered as commercial institutions?
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION For billing purpose? Specify.

Query posted by suresh  ,Ooty , Tamil Nadu  on 11/25/2009 9:51:00 AM
Field-
Field --Select any one---
QUERY section 304a, This section how much amount of fine.i pay the fine at the time any steps taken in my license please tell me
Query Replied by Rakesh Kapoor Advocate
EXPERT OPINION No amount of fine has been provided in Section 304 A IPC specifically. The quantum of fine is within discreation of court.Any action regarding driving lisence has not been provided in the section.