Advocate N Dinesh Rao

Questions Answered by Advocate N Dinesh Rao

Q: I have a query pertaining to the suspected death of my father

I am residing at Bangalore, my father was residing at Rohtak (Village Bahu Akbar Pur), my mother was expired two years before. My elder brother was staying at Same village. We got a sum of money nearly 40 lakhs from our farm land acquired by govt. But before the amount credited to my father account he expired in suspected circumstances. I suspect my brother. It happened last December, till now I have not got any amount. My brother also robbed away every item in my house at village and farming the land which is meant for me, he is abusing me on telephone. I want to file case of killing of my father by him and robbery in my house and acquiring of my farm land. How should i do it. Can the case be filed at Bangalore as I am unable to go to Rohtak due to my service exigencies at Bangalore.

Advocate N Dinesh Rao answered
You have to go to your place and file complaint against your brother and all other concerned narrating the suspicious circumstances that has lead to your father's death. They will register a FIR and investigate the matter. In case if they fail to register the complaint you can approach the Superintendent of Police of concerned District . If you fail to get any favorable action from him, then you can file private complaint under section 200 of Criminal Procedure Code before the jurisdictional Magistrate.

Q: Procedure for fraud cheque case

I am working in gulf, one of my friend took my NRI Cheque without knowing me and gave to another person as surety, cheque was signed by him only even not matching my signature, recently the person who having my cheque called me and informed me about this and asking me to pay 4 L INR else he is telling he will file case against to me, i told him even its not my signature he is telling he will file 420 is it possible ? even I did not use this account since 5-6 years, so what should I do in this case ? please help

Advocate N Dinesh Rao answered
You have not stated how your friend got that cheque. Have you given it or has he stolen signed blank cheque.If he has taken the cheque without your knowledge it amounts to theft and you can file a police complaint against your friend. However the fact remains that you have not borrowed any amount from the person who is holding the cheque. Nor there was any reason for you to give that cheque to him. In case he files the case you can effectively defend the criminal action.

Q: What to do when NHRC directive is not implemented by AAI?

DEAR SIR NHRC DELHI HAS DIRECTION ISSUED TO STATE AUTHORITY TO GIVE EMPLOYMENT FOR AFFECTED FAMILY MEMBER FOR ACQUIRED RESIDENTIAL PROPERTY FOR AIRPORT PROJECT STATE AUTHORITY AS PER NHRC DIRECTION RECOMMENDATION TO AIRPORT AUTHORITY TO GIVE EMPLOYMENT BUT AS ON DATE BOTH ARE NOT TAKE ANY ACTION IN THIS ISSUE PLEASE GIVE YOUR ADVISE WHAT IS NEXT STEP TO BE TAKEN

Advocate N Dinesh Rao answered
You can file a writ Petition in the High Court praying for a Writ of mandamus for a direction to concerned authority to give effect to the direction. However you have to prove that you have a right to get the employment under law and that you are approaching the court within a reasonable time ..

Q: What is the procedure to file case of divorce when cheated by husband

My fist husband was mentally ill and he passed away. I got married again after 2 years. He got married to me just for my money. I do not have kids. He used to beat me and torture me on a daily basis for money. I also got blackmailed telling that this is your second marriage so if you go out its a loss for you by my husband and his family. I tried to adjust for almost 6 to 7 months. My husband was also cheating me by going around with other girls. After marriage I haven't visited any of his relatives including his own brother and sisters house. I already complained in women's police station and they did councelling to him but still no change. I am seperated now because my husband told me this if you need a kid you have to give me your debit card where he doesn't go for job and I get paid very nicely. Then I complain ed in the nearby police station and got seperated.isaw him roaming around with girls visibily post our seperation.give me your views on this incident.Should I pay

Advocate N Dinesh Rao answered
Madam,You have not stated about the date of marriage or how old is your marriage. You can seek divorce on the ground of cruelty and also on the ground of adultery if you can prove that he is leading adulterous life. In such an event you will have to implead they lady with whom he is having affair.

Q: Abuse of elderly and fake allegations by attender how to proceed now

I hired an attender for my elderly disabled parent. He assaulted my parent while we were caught up in the middle of a family medical crisis and my elderly father was alone at home. Via methodical questioning, and in front of the agencys service representative my father testified he was assaulted. Instead the agency took the attender away, the agency had him submit a fake allegation he was assaulted and he was leaving out of fear and hence refused to take action. How do i protect my family and myself from extortion or false complaints, without worsening the situation. Please advise.

Advocate N Dinesh Rao answered
You should have lodged a police complaint soon after the incident. Nevertheless it is suggested that you should register a complaint right away. Police are well equipped to ascertain the true facts by interrogation and other methods. Please give detailed account of the the incident to the Police officer. If they refuse to register the complaint file a Private complaint under section 200 0f Criminal Procedure Code.