Advocate Anand Kumar

Questions Answered by Advocate Anand Kumar

Q: admissibility of mobile conversation in court of law

wife of my son was kept in captivity and was not allowed to go to sasural by her father to launch lucrative "D/V business". [PCR Report is available when she complained to Police]. Thereafter she was bundled into an asylum for 24 days (Report available). After coming from asylum she called my son and narrated the precarious conditions in her house. The question how the said recorded conversation can be made admissible in court. I made transcript printout. Please guide next step to be taken. Thank you for a considered opinion.

Advocate Anand Kumar answered
Telephonic conversation are admissible in evidence subject to its verification of genuineness. It has to be corroborated and is used as corroborative evidence. There are number of judgments of Hon'ble Supreme Court in this regard. Voice has to be identified and the same has to be in compliance of sec 65B of the Evidence Act. You may read Nilesh Dinker Paradkar Vs State of Maharastra (2001) 4 SCC 143. Consult a lawyer.

Q: An army guy using girls by making fake promises of marriage

There is boy in Indian army . ryt now he is captain. During his training tyms we were in relationship .he promised me tht he vl marry me thn got physical wd me. After two years I got pregnant he told me that his job will be lost if anyone vl come to know abt it .he told me he vl surly marry me nd asked me to get aborted. I did tht. Suffered alone. But I got health issues aftr tht. So he finds I am no use of her now so he told me tht it was lust not love so he don't want to marry me now. After that he did the same thing with two more girls. He promise them tht he vl marry her thn aftr using leave thm . he is mis using his post name . I can't she that this uses girls like a toy nd throw them . plz let me know wht I can file in court . I want to file a case after an year so that first I can secure my career financially before gtng into all this.

Advocate Anand Kumar answered
Sex on false promises of marriage is a serious offence. He being in army will also be charged for unbecoming conduct. You may file complaint against him to his Superior. You may write to the Chief giving supporting evidence. Action will definitely be taken.

Q: Claim for medical pension & ECHS facility as injured while in service

I Joined Naval Academy in Jan 2010. In 2011 When I was Playing Basketball in academy I got injured my knee and sustained ACL Tear. For That I was given medical category and operated in Naval Hospital Asvini, Mumbai. In this period I was relegated on Medical ground for two semesters. On 7th semester I could not complete my OGT test due to complications in my knee and relegated and withdrawn from Naval service. As I was in medical category S1A1, I was not given any benefit of injury e. g. medical pension etc. But till now I am Having complications due to injury sustained in Naval academy. I was withdrawn in Feb 2015. I want to pursue the case for medical pension and ECHS facility as I sustained injury in Naval academy. Please advice.

Advocate Anand Kumar answered
Please approach the court within three years else it will be barred by limitation. Keep your Medical records and show it to a lawyer handling such cases. You must see whether it is attributable to Military Service or not.

Q: What to do if i am having health issues with my posting

I am a S1H1A1P2(P)E1 med cat principle disability PIVD L4,L5(Low back ache). I have been posted to tenga valley which is cold and hilly area which is not connected by rail and air route. 01 day traveling is to complete by road in hilly area which is very hatmfull for my disability. issue was raised to record authority but they replied according to ruling tenga valley is fit for your disability. can raise issue to AFT for stay on this posting.

Advocate Anand Kumar answered
Your Medical Category is P2(P) which is a low medical category. As per Army Order (d) Physical Capacity (P2) :- Has onlymild degree of disability which does notinterfere with the performance of normalwork. Suffered from constitutional/metabolic/infective diseases/operativeprocedures, but now well stabilized. Canundergo exertion not involving severe strain.Employ-ability Restrictions:(d) Not fit for duties at hilly terrain, altitudeabove 2500 meters and extreme cold areas(Applicable to (a),(c)(ii) and (d) of column 1)

Q: Legal remedy against non extension of service in army medical core

My husband is a short service officer commissioned in Indian army army medical core in aug 13. He did medical officer basic course in dec 13 which is of two months duration and got an E grading. Thereafter he served fr three yrs in j& k and then got posted to lucknow. Now he’s being told that his service will be terminated in aug 18 and he won’t be given an extension because of poor mobc grading. His aces in field area have been par excellent. We want that he be allowed to continue keeping in mind his good performance in field or allowed to do medical officer basic course again.

Advocate Anand Kumar answered
Grant of permanent commission is regulated by certain QRs. It is not your right. It depends on your ACRs as well as grading achieved in courses. The committee takes into consideration all such and other QRs. However a number of officers have moved to AFT against non grant of PRC and you also may give it a try.