Advocate Mohammed Shahzad

Questions Answered by Advocate Mohammed Shahzad

Q: Notice to informant to appear before court after filing FIR

Hi Sir..I filed a FIR in 2012 as First informant of company. I have now received notice to appear in court in 2018. In the interim period there was no communication from police. What does this imply ? Regards

Advocate Mohammed Shahzad answered
The said FIR was registered on your complaint in the year 2012 and the police has taken long time to file charge sheet in the court for the case. Further your appearance was not mandatory till date as the accused was appearing for his case . Now the court needs your appearance for justify /witness the said allegation/offence and that is the reason you get the notice in the year 2018. Now on the date written in the notice you have to appear before the court as a witness for the case.

Q: Legal procedure to change a lawyer while the case is still going on

Pls tell me my lawyer is not taking call from my side and he does not gudie us properly what we should do Shift_L

Advocate Mohammed Shahzad answered
There is no special procedure to change a lawyer , if one is not satisfied with the services rendered by him.Just engage a new lawyer and informed your court regarding the same by simply saying that you have engage a new one and does not require the services on old one.The court will discharge the earlier appointed advocate with the new one engaged by you.

Q: No chargesheet filled after 3 years, what to do ?

Due to property dispute my sister in law filed FIR against me and my son in Feb 2015.we took anticipatory bail (my son lives in gurgaon and was not present) she however gave false facts in FIR saying that we are not relatives but tresspasers whereas we live in the property.the police without investigating filed the FIR under sec 354band325/34. Till date no Charge sheet has been filed after nearly 3 years. Pl advise

Advocate Mohammed Shahzad answered
You should moved an application for status report against the Investigating Office before the magistrate , under your jurisdiction. The magistrate will call the I.O. concerned and clear the reasons for delay in filing the charge sheet, as three years period is the maximum delay in filing the charge sheet.

Q: What is the procedure of getting my marriage registered?

This is ,me and my wife married on this 12 dec in arya samaj mandir by complete rituals,we have been given certificate of marriage, I am from bihar and my wife from jharkhand and both are hindus,the two witness were my friends and they both are from up,me my wife and witnesses are currently living in delhi,I want to register my marriage from court,is there any online procedure of same,or suggest any cheap and hassle free method,I know arya samaj mandir certificate is also valid but wife brother wants court certificate,only then he will believe that we have done marriage,my wife is presently living with me only.

Advocate Mohammed Shahzad answered
Followings are requirement for Registration of marriage from the Registrar in Delhi:. Bride minimum age at the solemnization of marriage – 18 years completed, Bridegroom minimum age at the solemnization of marriage - 21 yearscompleted, Form A in duplicate along with payment of prescribed fee , A photograph of marriage ceremony capturing both wife and husband , Residential proof of either of the spouse , Copies of SSC Certificates of wife and husband or passport copies (for Date of Birth proof) , Three witnesses to sign in the form , Three witnesses to sign in the register of Registrar office , The Marriage can be registered either – At the Sub Registrar Office where the marriage venue is situated, OR , At the Sub Registrar Office in whose jurisdiction either wife or husband has been residing for at least six months immediately preceding the date of marriage.

Q: Person took loan from me and i have no proof now he defrauded me

In 2016 a person need help, basically they need some money, so I decided to gave him Rs. 130,000 . without any proof and evidence. I gave him money but I don't have any Proof. but they give me 75,000 by bank now they said me I have you ₹75,000 thousands I have a proof give my money. now what I have to do...

Advocate Mohammed Shahzad answered
You can file a case of Recovery (Civil Suit) against him with the bank proof of payment of Rs.75,000/- . as it will proof under what liability he has paid the said amount to you . So you must take a proof of bank before filing the case.