Advocate Soma Das

Questions Answered by Advocate Soma Das

Q: Sec 138 against a company for an Individual cheque

Individual issued a cheque which got bounced. Now as he is director to a company, complainant filled a case against first party as company and second as an individual. Now NBW got issued on the name of Individual. Will there be any action against other directors of that company simultaneously? Please advise.

Advocate Soma Das answered
Yes, all are responsible but as authorized signatory the induvidual name is there. Company is responsible for the bounced cheque. Authorized signatory signed the cheque on behalf of the company and if any adverse order will be passed it will be passed against the company not against any particular individual. But at the initial stage authorized signatory had to obliged by the courts order.

Q: Domestic violence case hearing postponed due to court strike

When will barrackpore court strike get over and daily work is going to start?My DV case hearing was about to be held on 29 th April but due to strike it could not be heard.This case is pending for the last 1.5 years, now when I was about to get relief .The court stopped working.I am losing my patience.Kindly answer my query.

Advocate Soma Das answered
Court will be normal from 08/05/2023. On the next date hearing of your interim application may be done. And the very next date will be for order. and you will get a interim relief . But your case will not be completed unless the evidence/ trial is completed. And then only you will get final order.

Q: Is it possible to keep my mother caste after parents divorce

I am 33 years old, Presently Employed with a Central Govt PSU, My Father is general category and my Mother is OBC category. I am also General Category as my father is general category. My parents are proceeding for divorce and I want to keep my Mother as my guardian. Can I claim OBC certificate after that?

Advocate Soma Das answered
After their divorce of your parents do anyone of them ceased to be your parent i,e father and mother except they ceased to be spouses any more .So your origin do not change.Previously also your mother was your natural guardian and after divorce with your father she will be the same the situation do not change. Therefore ur caste of gen can never be changed to obc . In our patriarchal society we adopt our father's origin .

Q: Gave maintenance to wife still using joint account want to take action

My hindu wife got maintenance order from court.Bt still she is using our joint account.can i send any legal notice to remove her name from joint account?

Advocate Soma Das answered
If you are the first name holder of your joint accout then you are responsible for that account regarding income tax and others . So you can at any time apply before the bank for removal of your wife's name from the said account.

Q: Home loan one time settlement, what is the legal procedure?

My father has taken homeloan from HDFC by keeping house documents few years before. My father was unwell and due to huge medical bills he could not pay EMI further. Right now the outstanding amount is 5 lakhs. so bank sent firstly demand notice and then posession notice and they are saying now the case is in DRT. However bank representative came couple of months ago and they said they are ready to settle for 2 lakhs. Now i am ready to pay that amount but not sure how to initiate the process. Should i proceed via lawyear only or i can directly talk to the bank representative? How should i ensure that they will not disagree to their statement in the future? What if they take the amount and then disagree to settle down in future.

Advocate Soma Das answered
This is very good that they agreed for OTS ,So you can talk directly or via lawyer whichever is favourable for you. But I would suggest you to ask the bank to refer your matter to the Lok Adalat . So that no confusion arise and the matter may be settled in the Lok Adalat. Contact for more details.