Advocate Ajeesh Ummer

Questions Answered by Advocate Ajeesh Ummer

Q: Accused of IPC 138 filed a case under IPC 420 against the appellant

I am a businessman in Kerala, And entered into an agreement with one party for supply of organic products, That party placed a order for 7 lac by giving 3 lack cash as advance and balance as 60 days PDC when a presented the same for clearing it bounced saying mis match of signature. I requested the party for payment and they they started giving some excuses. I issued them a notice and filed a case under IPC 138. the case proceedings are going on and recentely i received a summon under IPC 420 filed by same party in court. Please advise me what to do next. I will be highly thankful for you. Regards

Advocate Ajeesh Ummer answered
Since u have received a summons u have to appear the court through a lawyer and obtain the copy of the charge sheet first and try for a discharge in the case after perusing the case details.First u have to ascertain the allegations of the other party.

Q: Torture by daughter in law and threats of filing false case

Hi, My sister in law is threatening to file false cases against my aged parents.We are a Hindu family and my sister in law is spreading lies about my parents to our relatives slowly and steadily.She had even once called my husband and threatened to go back home and asked for maintenance money to be paid to her and her child.At other times,she threatens to kill her child and kill herself. Please let me know how can I protect my parents from such false cases.

Advocate Ajeesh Ummer answered
Your mother can file application against this type torturing before the court under the provisions of Protection of women from domestic violence act. What u have explained will come under the ambit of domestic violence defined in the act ,so u can get an order restraining the repetitions.

Q: How to get bail when there is no Surety

What will happen if there is no sureity to stand for bail for sections 324 and 341.. What will be the court order since there is no person to stand for bail.. Is there any other way other than land tax receipt...

Advocate Ajeesh Ummer answered
Salary certificate of government servants are acceptable or else u can make an application for accepting cash bond instead of sureities there is provision in crpc for that.mainly it is the discretion of the court so it is depends on courts

Q: Charged under section 324 and 341 what to do

Sir I was charged sections 324 and 341... I have kept a lawyer and he is saying that 2 sureities are needed with their original land tax bill... I dnt have any one with paid land tax.. Is there any other way to get bail.. The opposite is ready to solve the case.

Advocate Ajeesh Ummer answered
If the injured /defacto complainant is ready to settle the matter then we can get the case quashed from high court without taking bail.otherwise bail has to be taken since offence u/s 324 is non compoundable even for settlement.

Q: Need divorce claim to get house in return

My husband is an alcoholic and torture me and my children.I have 3 children.Elder son 21 years studying B.Tech,then my 16 year daughter,then my 3 year son.Its been a long 23 years of experiencing the torture now I decided to get divorced.My husband is a puppet who plays according to my sister-in-laws wish.He had been in Dubai working for about 30 years.But he have no savings yet.The only property we own is the house we reside presently,that too was purchased 6 years ago by taking loan for 15lakhs.Now he took retirement because of his alcoholism.As he retired he got some funds about 18lakhs,this amount is put as fixed deposit in his name itself.The house we own now is in name of both of us(myself and my husband).Now I would like to get divorced and I(myself and my children) need the house,he don't need to repay the loan dues pending,and we don't need the share in his deposits or any other properties.We demand only the house.Is there any possibilities of getting the house.

Advocate Ajeesh Ummer answered
Yes,u have the right to reside in the house peacefully as there is law to protect ur right of peaceful residence .For that u may get an order restraining him from entering into that house.U need to file an application under the provisions of Protection of women from domestic violence act