Advocate Saptarshi Paul

Questions Answered by Advocate Saptarshi Paul

Q: how will i know if the summons are served?

how will i get to know if the summons has been served by the court to the accused for his first appearance?

Advocate Saptarshi Paul answered
check the record you will find the the duplicate copy of summon with endorsement on back side will be back in court by police. you can also obtain the certify copy of the summon. also check the record whether summon issued or not.

Q: Issues with my aunty s family specially her brother

My aunty is missing and we had inform the local police that day only we didn't have any problem in our family till that day.later on I came to know that aunties family filled and FIR against uncle and against me also that we have beaten and that's why she take that kind of decision where as its completely wrong and false case.There for requesting if you kindly help me with this . I am in depression right now.Please help me.

Advocate Saptarshi Paul answered
Let the investigation to complete and truth will come out. If case is registered in Non bailable offence then go for anticipatory bail. Go for paper publication by advertising that your aunt is missing

Q: Mutual separation not legally done whether valid

Namaste, May i know whether Mutually Separated person can get marry legally to somebody else?

Advocate Saptarshi Paul answered
No, unless the court pass the order of Mutual Divorce none can remarry. For Hindu, Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. But every religion you have to divorce officially.

Q: Coal truck seized by the Assam forest department asking to pay penalty

My coal truck has been seize and confiscate by Assam forest department.. they told me to pay a penalty against it,but now it's more than one month that they keep on pending the official work.. so what legal action should I take

Advocate Saptarshi Paul answered
you have to file zimma petition (custody ) before the concerned court and if your all documents are correct then you can also file criminal complain before the court against the forest departments. As per S-451 of CRPC (Order for custody and disposal of property pending trial in certain cases)When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Q: How to deal with false accusations

my friend have been made accused by filing false FIR. The alleged accused is the salesman having good terms with the owner of a shop. The shop has cctv cameras fitted. One day fire broke out in the storeroom while the owner was sitting with his friend and the salesmen were out of shop. After few days the owner filed an FIR alleging that the particular salesman had splinted the fire. The FIR states his movements half an hour before was suspicious as seen in cctv footage. The owner made some well edited videos from cctv footage and the same is given to police. Also he circulated the videos through social media. Police has seized original cctv recorder. The alleged accused was arrested and after 3 weeks was released by sessions court on bail few days ago. The case is under police investigation. There are reasons to believe from circumstances that the alleged accused is completely innocent and the owner i.e. informant as well as his friend who was within the shop at relevant time had

Advocate Saptarshi Paul answered
Either your friend can go for quashing of FIR u/s 482 Crpc before the Hon'ble High Court or he can wait till the Charge Sheet of the case and after Charge Sheet the case will proceed in trail. After Trial if he is acquitted with all charges then he may can file perjury case against the owner.