Advocate Vinay Pandey

Questions Answered by Advocate Vinay Pandey

Q: Delay in hearing in Allahabad High court. How can I expedite it

Sir, My mother is retired from UP government primary school. she has been denied gratuity which is payable if you are accepting retirement at age of 60. Her writ petition if pending now for the last 4 years in Allahabad high court without a hearing for almost 2 years. Every time when I check with my lawyer he says that court time was finished before our case number would turn up. My mother is 100% disable from eyes & ill. she is also having a disable dependent daughter.She desperately need money to take care her & her daughter. please suggest how can we get quick hearing? regards Sandeep

Advocate Vinay Pandey answered
Ask him to file a listing application for listing of the case and also ask him to file an application for early disposal of the writ petition showing the disability documents and other related documents which can prove the urgency of hearing in the matter and necessity of disposal.

Q: Can a new writ petition be filed after first is rejected

sir, in my original writ petition my prayer was not for setting aside the discharge order , it was simply for pension.my case is dismissed from aft lucknow.can i file a new(2nd) writ in aft delhi.

Advocate Vinay Pandey answered
you have not stated on which ground your writ petition was dismissed either on maintainability or any other ground, neither you have stated for what relief you are filing the new one. if earlier you have approached the Hon'ble Court for quashing of discharge order and the same was rejected or dismissed then you can claim disability pension by filing second one vis - a versa.

Q: Jurisdiction of Court in cheque bounce case

I have given a loan of ₹ 30000/- online to someone 1 year back. When I transferred the amount I was in Pune, my bank branch at that time was Pune but now acct transferred to Gorakhpur. Presently I am in Tezpur Assam and the person to whom I gave loan is in Lucknow. He issued a cheque which bounced 15 days ago. Please advise where I shall file a case. Thanks

Advocate Vinay Pandey answered
You have five option to file case under negotiable instruments act viz place of transaction, place of account of cheque issued, place of dishonor of cheque place of Notice and finally place of residence of cheque bearer. Without any further delay kindly send him legal notice because once limitation for notice expired you have looks ur right under negotiable instruments act

Q: Is son responsible to pay loan taken by diseased father ?

My father has taken 70,000 as KCC loan in 2014 and he passed away in 2015. It came to my knowledge after his absence. I have tried to talk with banks and some more people but finally they advise me to pay all amount. Is there any away to settle with bank.Please advise me if any possibility in this.

Advocate Vinay Pandey answered
Kindly send application for one Time settlement to the zonal/regional manager of your bank stating your financial situation and ask them to settle the dispute. You can also file a case before permanent lokadalat of your district for amicable settlement of dispute. But remember one thing that debt remains debt untill no objection certificate is not given to you by your bank despite deposit of outstanding amount of loan whatever it's kind.

Q: Can I take any legal action against share holder in property matter

I want to know that one of my share holder in land had sold the land without consent of other members and had sold road facing front leaving no way to go behind what legal action could be taken the property was sold 9 years back

Advocate Vinay Pandey answered
You can move an application for cancellation of sale deed before court of competent jurisdiction and simultaneously you may also file a complaint case for registration of FIR against your share holder. In all these proceedings you have to give concrete reasons for delay of about 9 years.