Advocate Dr.Nirmal Chopra

Questions Answered by Advocate Dr.Nirmal Chopra

Q: Procedure to file an appeal in supreme court

I had withdrawn my application of voluntary retirement three days before actual date. My application by court was declined. How strong is my case to fight for justice at Hon'SC

Advocate Dr.Nirmal Chopra answered
Ur question is not clear as to what is the order of high court.provide details of high court order to know accurate opinion.It will depend upon facts and law taken into consideration by high court.However as a general principle, no employee can be forced not to withdraw application for voluntary retirement.

Q: Can wife file for DV case after living separately for 13 years ?

I am Hindu by religion and my wife is living separate since 1999 and she filed domestic violence case in 2012.. divorce is pending in high Court . Can she file any complaint against me. ?

Advocate Dr.Nirmal Chopra answered
No domestic violence case can be filed only within one year which is the limitation under the act.Since the act came into force subsequently I.e in the year 2005, the limitation has to be counted beginning with 2005 and ending in the year 2006

Q: Procedure to appeal against an unreasoned order of Supreme Court

The Hon'ble Supreme Court has been pleased by an un-reasoned order , set aside a reasoned order of Hon'ble Calcutta High Court, wherein the bail of a person who left India with out permission from the Court, was cancelled by the Hon'ble High Court. As I under stand that any order which is not reasoned one, is not an order, is there any way to appeal against the said order of the Hon'ble Supreme Court ?

Advocate Dr.Nirmal Chopra answered
Supreme court has power to pass non speaking orders but it is in cases where SLP is dismissed in limine.where high court order is reversed, it must be a speaking order.The remedy is only a review petition followed by curative petition if relief is not granted in the review petition.

Q: Can a HIV positive person have child custody after divorce?

I m HIV positive....If my husband take divorce from me.what about my son he is 4 months old.due to have a baby is there any law that my husband didn't take divorce from me .. I really don't want to give divorce plz advice !!

Advocate Dr.Nirmal Chopra answered
Suffering from aids is not a ground for divorce.. So far as custody of child is concerned, it's not the disease suffered which will matter but the capacity of the person seeking custody to look after the child.

Q: What can I do if my company fires me out of the blue?

Mujhe Kya Karna Chahiye Jab Meri Company Suddenly Mujhe Fired Kar De

Advocate Dr.Nirmal Chopra answered
If you are a workmen covered by labour laws then you can Approach labour commissioner with a complaint. The labour commissioner will try to sort your grievances and if settlement is not possible, then will refer to labour court for adjudication. But if you are not a workmen hen you are bound by the terms sns conditions mentioned in your appointment letter.But in any cause you could no be terminated without giving one month salary along with termination notice.