Advocate Sameer Hussain

Questions Answered by Advocate Sameer Hussain

Q: Legal remedy as court issued NBW to witness to succession certificate

I am banker and a witness to succession certificate application filed by petitioner. The court issued summon and I failed to appear due to unavoidable reasons. However I didnt eqnuire about the next hearing and I failed to appear once again. Court issued NBW against me. Please guide.

Advocate Sameer Hussain answered
NBW can be recalled, file a petition under U/S 70(2) OF Cr.P.C before the Court and usually Judge will recall it. Nothing to worry about, retain a competent Advocate in your local area. Best of Luck

Q: Legal procedure to quash case filed u/s 376 & 420 of IPC

One of my friend was in prison for almost 90 days, under sec 376 and 420 which was filled by his girlfriend. After filling charge sheet by the police officer he is out on bail. Now both the parties want to quash the case asap in high court bz girl is moving to abroad. But advocate is suggesting to go to the session court first and telling us that it's not possible to quash it. Kindly guide us the procedure ahead to take any decision.

Advocate Sameer Hussain answered
Supreme Court observation by Justice Deepak Mishra and Justice Prafulla Pant that under no circumstances Rape case should be compromised. Hearing the appeal filed before it, the bench of Justices Dipak Misra and Prafulla C. Pant observed, “these are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defined, the “purest treasure”, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.”

Q: Police refuse to file case of harassment against wife & children

My Sister who is around 40 years and two kids are under torture by her husband.He joined hands with his parents and put her in severe problem.He has made her and her kids in helplessness condition.Local police got corrupted by him and refusing to file case against him.What to do?

Advocate Sameer Hussain answered
Nothing to worry if police refuse to cooperate with you still you can file a private complaint before Magistrate along with the copy of Complaint you submitted to police along with acknowledgement of complaint (if you have any). The Magistrate will look into the facts and will order the police to investigate the matter and report back to him. Retain competent Advocate in your area. Best of luck

Q: Legal procedure for recovery of money from chit fund

I want my money deposited to a chit fund back. I have lifted the chit but they took two months and stopping my Cheque1 with various reasons. Now I want my deposit money back without any cuttings. Please help

Advocate Sameer Hussain answered
Cheque life is 3 months, even a stop payment you can file a Private complaint U/s 200 Cr.P.C with offence U/s 138 NI Act. Stop payment will not give them any relief if you have sufficient evidence to support your claim but you have to send them Statutory Demand Notice within 30 days of the receipt of Memo from the bank regarding the cheque. If you have crossed statutory period you can still go for recovery of money suit. Further, you can also file a cheating on them. Contact a competent lawyer in your area for further proceedings. Best of luck

Q: Girl threatening to file case after breach of contract of marriage.

I went to physical relation with girle . She give promice to Marriage. Now she is ready to marry some one. When I ask abot this to her she threatened me to put case against me. And some body cal me as police department and threatened and abuse me. Both have photos regards my physical relation. Physical relation with the promise of marriage can girl file case against boy. Is This option not aplicable for boys ? She has right to marry any one. But physical relation with promice of marriage is offence or not. That too she has photos regards my relation. If she put case ......... against me. I will be trouble. For her safe she wil go for legally. I am mentally depressed. I don't know what to do. How to protect my self. Please advise me.

Advocate Sameer Hussain answered
Consensual Sex to marry her will not constitute to rape as long as the consent of the girl is voluntary though it is very difficult to prove that its voluntary consent especially when the girl is hostile but if she files rape case on you mere her allegations is not sufficient court will take the circumstances into consideration along with evidence. To safeguard your interests you can try her for cheating. File a cheating complaint on her and retain copy of it with acknowledgement. If the police don’t act upon your complaint, you can always file a private complaint with the court. Best of luck.