Advocate Sushant Kareer

Questions Answered by Advocate Sushant Kareer

Q: Remedies against frivolous complaints

I have been harassed by being a subject of series of multiple false police complaints by a person since last 4-5 years in the same matter. Although all the complaints were filed and his complaints were found by police as of civil nature as the complainant has never presented any actual proof or evidence and has propagated his false complaintsby local political pressure. Although a FIR was never registered but i had to present myself in police stations several times and undergo unnecessary harassment at different times. the complaint was filled by police at least 8-9 times including a SIT investigation and a inquiry by IG Police. He has alleged, that i used details of his firm to manufacture a product under his name which is not true, there is only speculative theory to support his argument and he uses this plea to call for sec 420. Is there a way the police can be forced by court to open sec 182 for him or sec 156(3) ? is there any legal means i can fight him?

Advocate Sushant Kareer answered
You can come to the High Court seeking a direction to the police for conducting free and fair investigation. You cant stop him from filling complaints with the police. You can only fight once the FIR is registered. Then you can seek it's quashing. And only he can file under 156(3) you cannot.

Q: Remedies available to tenant in case of false promises made by broker

I rented up two rooms through a broker. The broker told me that the set is fully independent and will give us the access to keys of the gate. We were not told about the timing issues that the landlord has. (The landlord sleeps by 11 and locks the gate) The broker also didn’t mention to us about the dumping yard near the place, which causes extreme discomfort. Had he told us about these issues clearly at the start, we would have never taken the place. He also agreed on the water charges being included in the rent but the agreement says otherwise. We have started living in the property but we have not signed the agreement yet. We also have the voice recordings of the broker, wherein he promises us to get the keys soon. Now the landlord is straightaway refusing to give the keys to us. We want to shift from here. The broker is not ready to face us or meet us and we have also handed him the brokerage and the security+ One month rent in advance to the owner. I want to move out asap

Advocate Sushant Kareer answered
You can file a consumer complaint against the broker for misleading you and then coaxing you into moving to the sais premises on the basis of false promises. A consumer complaint has to be filed before the district consumer forum. This way you can get back the money you paid to the broker.

Q: Can I do anything if wife has filed a divorce case in a different city

Dear Sir My wife filed divorce. She has also filed domestic violence and 498A cases against me and my parents. the case has been going on for last 5 years. now she has filed divorce. she has filed all cases in hoshiarpur. i live in chandigarh. our marriage happened in chandigarh. what shall i do ? all her dowry cases are totally false she asking 6 lakh. i cant afford nor i have done anthing wrong. please help

Advocate Sushant Kareer answered
First you should file quashing of FIR in dowry 498A in the high court And parellely you should file transfer application of divorce petition to chandigarh. If marriage happened in chd, matrimonial home was chd. Then petition in hoshiarpur will not be maintainable.

Q: Time period is counted from the date of order or date of issue of copy

A case was decided in my favour by CAT Chandigarh on 27-02-2018 . I got the certifed copy of the order on 17-03-2018 , the copy was dated 9-03-2018 . In the order i was supposed to give a revised option to my department within 15 days from the date of order. But 17-03-2018 was 19th day however i gave my revised option to the department on 17-03-2018 . Please guide whether the period of 15 days will be counted from the date of order or from date of issuance of certified copy of judgement or from date of receipt of certified copy of judgement.

Advocate Sushant Kareer answered
The 15 days will be counted from the date of order as you were aware of contents of the said order. However, you should tender your choice as per the order within 15 days of getting the certified copy so that there is proof that you did not have a malafide intention. Thereafter, you can file an application for modification or extension of time on the ground that you were under the impression that 15 days will be counted from date of getting certified copy.

Q: Clarification on grounds for mutual consent divorce

My husband asked me for divorce aftr 1.5 months of our marriage.I m also willing to give him divorce as I want hastle free divorce. I need to inquire that should both parties have to hire lawyer or as my husband asked me for divorce so they should hire lawyer? Awaiting ur valuable response. And wat are the criteria for mutual consent divorce according to hindu marriage act,1955.? Thank you..

Advocate Sushant Kareer answered
Yes you will have hire a lawyer in order to get a divorce. It is very tough to get a divorce. However, courts grant divorce by mutual consent readily. You will have to hire a lawyer to represent you in court. Courts always try to explore the possibility of compromise so there has to be someone representing who will complete the pleadings of the court and do necessary work