Advocate Pankaj Gupta

Questions Answered by Advocate Pankaj Gupta

Q: Legal remedy for return of original documents from college

Sir I have taken admission last year in  homeopathic medical college through conselling But I want to discontinue to the course . When I ask college to discontinue and return my original documents . They said they have to pay reaming year fee as seat will we vacant .then only they will return my documents But sir I can't give this much amount and why should I give when I am not studying I have again return application to principal informing him that I can't give money and pls return my documents before 5/06/2018 .beacuse I need them to submit in other college. They said that they will put this application in management meating. When I ask how much time it will take he said it may take 10 month or more he can't comment on that. But sir I need my documents before 05/06/2018 beacuse I have to summit them in other college where I am taking admission. So sir pls tell how I can get my documents before 05/06/2018 without giving reaming fee amount

Advocate Pankaj Gupta answered
The college administration can't retain your educational qualification document like as marksheet/certificates in case of default of fees, it is fully against the law and it's totally illegal, if the college mangenment wants the remaining year fee, they can take another appropriate action against you but they can't retained you educational document in defaults of fee, you can sent a legal notice to college management for returne your documents.

Q: Opposite party causes unnecessary delay absenting on date of hearing

While listening a Transfer application (TA-Civil) High Court Allahabad allowed the Transfer to another district with the direction that the (lower) Court may proceed to decide the same in accordance with law expeditiously by curtailing all unnecessary adjournments and fixing short and quick dates. However after the transfer of case, the opposite party which was the applicant in above Transfer case (TA-Civil), delaying the case in lower court by giving multiple adjournments applications showing illness as reason and on one occasion producing medical certificate as well. I got to know that the applicant was present at his job during many hearing dates on which adjournments granted. So case in lower court is still in trial. In above situation what I can do for - 1. Expedite the hearing of case in Lower Court 2. Punish the opposite party for unnecessary delaying the case.

Advocate Pankaj Gupta answered
मित्र, आपको अपने मुकदमे के शीघ्र निस्तारण के लिए माननीय उच्च न्यायालय से पारित आदेश की प्रति न्यायालय में इस प्रार्थना पत्र के साथ प्रस्तुत करना चाहिए की विपक्षी पार्टी के अनावश्यक रूप से प्रस्तुत प्रार्थना पत्र को न्यायालय द्वारा स्वीकृत न किया जावे एवं आवश्यक हर्जा भी विपक्षी पार्टी पर लगया जावे। जिसको न्यायालय को निश्चित रूप से निस्तारण करना होगा।

Q: Legal query regarding summons fro the court

I received a saman from the court.should I go or reply by an application ? Or what will happen if I won't go to court?

Advocate Pankaj Gupta answered
Dear friend you have not mentioned that which court's summon you have got? My advice to you that you should present in concern court and got information about summon for why the court summoned you? ..

Q: Legal remedy against repeated expiry of cheque

On 30/03/17 my mom gave 3 lakh check to a friend who promised to repay within 5months and gave a check of same amt dated 30/08/17 which expired and she gave another cheque dated 30/01/18 if this get bounce can we file case against her?

Advocate Pankaj Gupta answered
Yes if the cheque dated 30/01/18 is bounced regarding your due amount, your mother can file complaint against him,.......... . ....

Q: Can we file a case against a private school claiming to be public?

Sir/Madam, Please there is a school registered in society act and not at all funded by Govt. neither paying salaries to their teachers as Govt School or taking less fee like govt school. Depositing PF in EPF office like any private organisation. It is claiming itself under Sec 2(h) as "public authority. How we can fight on it.

Advocate Pankaj Gupta answered
No, you can't made liable to a private authority to respond your queries under RTI act, as per the Act any private authority/person is not liable to give informations under this Act, only government authority are liable to provide information which is seek under this Act. As per your given details it is not necessary to school administration to provide the informations which you seek.