Advocate (Dr) Kamala Kanta Mohapatra

Questions Answered by Advocate (Dr) Kamala Kanta Mohapatra

Q: Partnership breaking forcibly what rights i can claim

One foreign company having indian nri rep helped me start my sole proprietor co. we worked together thru mutual verbal cooperation. the said co gave us business. no mou or contract. now we have been forced to part ways. can they claim my co profits as their own?

Advocate (Dr) Kamala Kanta Mohapatra answered
Contracts which are enforceable in a court of law are called Valid Contracts. To attain Validity the Contract should have certain features like consensus ad idem, Certainty, free consent, two directional consideration, fulfillment of legal formalities, legal obligations, lawful object, capacity of parties, possibility of performance, etc. Information provided by you are insufficient, what type of business, whether product based, services etc, whether permitted in law, something can be said thereafter. considering your information that there is no MOU or contract nothing can be claimed legally by you or by them

Q: Rule related to LIC temporary employee work duration

I worked in LIC for the period of > 85 days in 1992 to 1995. Am I eligible for the said posts. PlEASE CLARIFY.

Advocate (Dr) Kamala Kanta Mohapatra answered
It seems that consecutively you have not worked for 85 days in 1992 to 1995. without correct data as regards to your days of actual work date and year it's difficult to say something as regards to your query. However the terms and conditions provided by your employer is important to say something. Even if you have worked part time also you have to provide some material evidence as regards to your claim. circumstances under which you have simply worked for 85 days in 1992 to 1995 raised many question. please provide correct details so that something can be said which would be helpful to you

Q: What is the difference between cp and crp divorce

Sir can any body help me out with what is cp case in court and the confusion of cp case and crp case in divorce.as my wife has filed a cp case on me. What does it mean.?

Advocate (Dr) Kamala Kanta Mohapatra answered
as per your contentions, your wife has filed civil proceedings against you. crp is criminal proceedings under CrPC. You might have heard of a defamation suit can be filed in two way viz., civil defamation suit and criminal defamation suit, something can be explained more clearly after knowing the upon detailed background of your case, which you have not mentioned

Q: Is divorce on the basis of cruelty possible from wife

I am Hindu and my marriage is now 10 years have passed away .my wife is not civilized my understanding does not match from start i tried to change from start she is acting abnormal now a days I have tolerate many vulnerable things because of her in society got two kids from her want to get divorce at the earliest because of my mental happiness in future I want to have divorce in the ground of mental cruelty. How should I proceed it?

Advocate (Dr) Kamala Kanta Mohapatra answered
you can very well do so,however you have to provide material evidence as regards to your claim that you are victimized by the act of cruelty of your wife since last 10 years of your marriage. Why you have not reacted earlier? You must come clean to the court on your viewpoints.

Q: Advice needed for divorce. Please help me sort out the legal query.

Sir i have done court marriage on 2010 feb 11,but we are not staying together,as we are studing,and their parents told me to wait till i do a job and now they are asking for divorce, and sent me a notice for divorce,but i dont want to give divorce,and the notice was returned as i am not present. Kindly give some advice what should i do further. And they have filed it on another city rather than in my home town. To harrash me. Sir i dont want a divorce,and as i have not recieved the notice once,as i am not present, can i know how many times i can refuse it before she gets ex parte.

Advocate (Dr) Kamala Kanta Mohapatra answered
It is advisable to accept the notice to know her plea for divorce. If she does not want to continue nothing can be done except for your mutual compromise. she may take ex parte decree if you do not accept the notice and do not appear in the court w. It's better you must consult with an advocate and appear in the court with appropriate replay justifying your stand.