Advocate Vineet Saini

Questions Answered by Advocate Vineet Saini

Q: Cheque bounce case after 45 days has expired

If the cheque bounced 45 days before and is expired now can I file a case

Advocate Vineet Saini answered
If the limitation period to file the cheque bounce negotiation act suit has been lapse then you can adopt the measure in other laws. You can avail the remedies as per the others indian laws that favours you.

Q: Is it legal to offer possession without registration?

Our builder has delayed the delivery of the project for about 2 years. Now they say that we can have the possession, even though the registration of the flat is not yet possible. They have also increased the area. The finishing still remains. They are also demanding interest. Is it legal to offer possession without registration? Can we file a case against the builder?

Advocate Vineet Saini answered
You can sue against the builder if he is claiming any Illegal demand and also that is against the term and conditions of agreement between you two.He is not entitle to gain something that is not according to the agreement. But more advise can be furnished after studying the agreement document

Q: Can opponents illness excuse be overturned by high court

Honourable judge gav ruling in our favor u/o 17R 3CPC and dismissed plantiff application for asking more time and case was for defendent hearing on next date. but opponent on next hearing filed application for recall of case & filed affadavit and rejoinder affadavit and both parties was asked to appear on next date. On next hearing We objected for recall of case but hon.Judge gave him one last chance to come up with evidence/Witness Under pw1 otherwise recall application will be dismissed. And frm next hearing COURT BECAME VACANT FOR 8-10 MONTHS. And when court reopned he again came up with illness excuse..And new judge admitted the application. And new date was given 25/8/17. But from wat I read from internet case should hav been proceeded UNDER RULE 2 and case should hav been dismissed. Pls throw some light..can opponents illness excuse be overturned by high court as previous judge order said recall application will be dismissed If plantiff didn't come up with pw1.THANKS AND REGARDS

Advocate Vineet Saini answered
These are civil proceedings and always court has liberal view towards them. Always court try to give proper chance to every party to suit. But if there is any lose to you about time lose that always court compensate with money imposed.

Q: How to transfer divorce proceedings to different court

Dear sir/madame My son have filed a case of divorce against his wife in Bareilly court,because marriage is registered here in Bareilly and marriage took place here in dtd 31/01/2009,by Hindu ritualsShe stayed at bareilly only 1 year.Her parents always used to come and take her away there home,because she earned some money to give them. After 1st hearing of divorce case at bareilly she filed another case at her parent station (Deheradun),Now please let me know that is there any ruling to hold the deheradun case untill Bareilly case is over or to "stay",Deheradun case or vice versa.Thank you

Advocate Vineet Saini answered
What kind of proceedings she initiated against, please detail me and provide all details of your cases so you could be properly advised, else supreme court holds the view to transfer all the proceedings to the jurisdiction of local limits of girls.

Q: How to deal with tenant not paying rent

I have rented my house for last 2 yrs he had paid some amount however later on stopped paying rent and every time he sites of loss in his business. Expecting some lump sum amount to settle mine. Still he is saying he will pay need some help with time. What are legal options I have. I don't have apitite to take on any more on false promises. Need help

Advocate Vineet Saini answered
If your tenant is not paying rent regularly and stop paying same you should issue legal notice to evacuate the rented premises and also demand the pending rent. Later if he didn't comply the notice you have to sue him in competent court.