Advocate Sanjoy Acharjee

Questions Answered by Advocate Sanjoy Acharjee

Q: How can other representative continue the suit

When one of the several legal representative refuse to continue the pending suit filed by the deceased soul plaintiff what action can be taken by the other legal representative who are willing to continue the procedure.

Advocate Sanjoy Acharjee answered
Order 22 Rule 3 of Civil Procedure Code state the Procedure in case of death of one of several plaintiffs or sole plaintiff. Therefore, interested person can file petition with Affidavit under this provision.

Q: Can I file a case on my wife for separating me from my parents

Wife seperating me from my senior citizen parents, is there any law or indian penal code act to register a case against this?

Advocate Sanjoy Acharjee answered
No. Look there is no law that a girl after her marriage living in a new family with new persons seperately from her parents who give her birth. Similarly there is no law if said wife living with her husband seperately from her in-laws. It is absolutely personal matter. So, direct consult with the Ld. Advocate and tell him details about your problem and I think We can solve it. But if you asked where there is any Law. the Ans. is NO.

Q: How to report a domestic violence case

My elder sister is being mentally and physically tortured by her in laws and husband for 12 years now.she z bearing it till now but she can't bear it anymore.my brother in law doesn't give any food,money and other household things to my sister and their 2 children..my brother in law doesn't even talk to her properly,harasses her every time..my sister and her 2 children.. they are not getting anything to eat and we don't have enough money to continue a case..my brother in law is making everyone against my sister..we don't know what to do now..by the way my sister belongs to a Hindu family..

Advocate Sanjoy Acharjee answered
In such a situation, at First a Written Complaint is essential to be lodge by the victim wife before the nearest Police Station, it will be better to choose the Police Station within the jurisdiction of husband house. Thereafter a 498(A) IPC will started against the husband and his in-laws if any. Thereafter the wife can institute two Petition before the Court of Chief Judicial Magistrate of the District under Section 125 Cr. P.C. or Section 12 of Domestic Violence Act. Remember it that, in each and every district there is an Authority called District Legal Services Authority. If any person unable to maintain fees of the Advocate and not to able day to day expenditure of the Court, if he or she apply before the said DLSA, then the authority of DLSA will provide him Advocate free of Cost. I think it will be better option for your sister to lodged noted above Cases against her husband.

Q: Stay against Government's action against non-bis drinking water plant

When State Govt. gave Trade Licence to do the business, then how they now canceling this, whereas State Govt itself providing Licences to do the same business by Jaldhara Prakalpa? Can we get a stay order for one year against Govt. action against the Non-BIS Drinking water Plant? In this time period, these plant owner can make the necessary papers

Advocate Sanjoy Acharjee answered
Look, any Licencing Authority can stop or Cancel any Licence issued by them for time being or for permanently in the circumstances under which the Authority empowered. You can challenge the said Order before the Competent Court and get Stay order from the Competent Court for time being.

Q: Clarification on getting bail in physical assault matter

mere bhai ne kisi larka sarford diya hai kya use bail mil sakta hain sir

Advocate Sanjoy Acharjee answered
Ey "Sarford" kia chis hai samaz me nehi aia. Please Sposto Karke Likhi e a ga. nahi to Parne me dikkat hoti hay or samaj me nehi ata hai. Agar hum samaz na pai to Jabab kaise de. Samaja kiya. Fir se question ki jiea ga.