Advocate RK Garg

Questions Answered by Advocate RK Garg

Q: Limitation period for filing a case for sexual harassment

I made my complaint personally handed over to police on 19-5-2018. My case is regarding 'sexual harassment as a minor'. Till now they have not lodged a FIR. They are saying the case is 'too old'! What to do?

Advocate RK Garg answered
You have made my complaint personally handed over it to police on 19-5-2018 but they did have not lodged FIR. Now you have to make a report to the SSP thereafter you have other option to file application be Chief Judicial Magistrate.

Q: Where to complain about misbehaviour by drunk policemen

I was out with my friends at 3 am just 100 mts away from our house we all are neighbours and as there was no electricity so suddenly two cops came and they started questioning us and misbehaiving with us asking us to to come to ps and abusing us They both were drunk in the end they took our photographs So plesse tell me my rights and how can i sue them?

Advocate RK Garg answered
You have to lodged complaint against the said police man with the SSP as well as human right commission. If no action is taken than you can file complaint case under section 200 Cr P C before the Chif Judicial Magistrate in whose jurisdiction you resides.

Q: Can a case compromised in high court be brought back

There are two parties in my village. They had a clash over their children around 3 months ago. After 3 months of clash they made compromise in High court. Now after 3 months of compromise one party is blackmailing other party by saying that they will bring that case back. And by saying this they are demanding money from other party. My question is that if any case is compromised between parties in High court in presence of High court justice, can this compromise can be take back by any party? Or simply one party is blackmailing the other party? Please Answer.

Advocate RK Garg answered
Once a compromise arrived at between the parties in any court and court passed decree in the light of compromise than the same is binding on all the parties. If nee cause of action arise between the parties or any party is not comply with the compromise only than they can initiate proceedings.

Q: Procedure and requirements to file a defamation suit

My brother in Law defamed me in the entire market and shouted wrong words in the market near my house. He also defamed earlier in front of our relatives privately. He also gave dhamki that we he will put false charges against me and my mother. Can defamation case be done on this man? if yes what evidences are required?

Advocate RK Garg answered
Your brother in Law defamed you in the entire market and shouted wrong words in the market near your house. You have require evidence in whose presence your brother in law defamed you. You can file defamation case under section 500 IPC.

Q: Flat allotted to me but possession and registration done by someone

I was allotted a flat in a project. But the possession of my allotted flat is given to someone else without my consent. Further the other person has immediately completed the registration of the flat. Builder realizing its mistake, is now offering me some other flat which I don't like. This project took 10 long years to complete and second my genuine allotment was given to someone else. In such case what should I do. Is there anyway that the mistake committed by Builder (knowingly or unknowingly I don't know) could be rectified by cancelling the registration? Is it possible legally and if yes how and how long I have to wait for the verdict. I have all the allotment papers with me. Also what do you suggest for me - Shall I take possession of the other flat offered by builder immediately and then file complaint against them. Or shall I file complaint first and don't take any possession of unknown float? What are the other legal options to get back my desired flat?

Advocate RK Garg answered
You can file consumer complaint before the District Consumer Forum for the refund of advance given to the builder along with damages. Secondly as offered by the builder you can take possession of the flat if you think it fit.