Advocate Abhimanyu Yadav

Questions Answered by Advocate Abhimanyu Yadav (25+ answers)

Q: CTET QUESTION ANSWER OF EVS RELATED ANSWER

WHAT IS THE NEXT STEP FOR RECEIVED UNSATISFIED LEGAL REPLY FOR CBSE IN REFERENCE OF LEGAL NOTICE?

Advocate Abhimanyu Yadav answered
Approach the High Court in a Writ Petition under Article 226 of the Constitution. But filing a writ would also depend upon the nature of relief you are seeking. CBSE is within the definition of State under Article 12 of the Constitution therefore approaching the HC would be appropriate.

Q: Protection against blackmail and threat of a false rape case by a marr

Sir, a married woman was repeatedly forcing me to meet her and threatening to come to Delhi. Under pressure, I met her. We went to an OYO hotel with mutual consent, where she voluntarily provided her ID and signed. Now, she is blackmailing me with threats of filing a fake rape case. Kindly take note of this matter to prevent any false FIR against me.

Advocate Abhimanyu Yadav answered
You should gather all the evidence in your support and report the same to the concerned police station. You will have the first movers advantage by informing the apprehension of a false FIR. The evidence you have in support will help you for the said purpose and for future if any false claim is raised by her.

Q: Mentally haraasment of a disabled Husband by her wife who is not disab

With due respect , I wish to take an advise on the subject cited above. In that case what are the legal provision and rights of husband who is disabled

Advocate Abhimanyu Yadav answered
A abled or disabled husband both have the same rights but may have different grounds for seeking divorce. Cruelty on a disabled husband is seen to be more severe than in cases where he is not. Therefore, the right strategy is approaching the court first to seek divorce and cite instances of cruelty on behalf of the disabled husband.

Q: Arrest warrant through JCP - NDOH

Judge has issued warrant of arrest through joint commissioner of police against JD (Execution application). How does this work after filling PF in the court, what is the difference between warrant through SHO, ACP. DCP and JCP , where will the warrant be sent for processing (nearest police station or JCP office in Delhi) , do they arrest the JD / accused immediately or before NDOH ? Is this warrant bailable because conduct of accused has not been good ( absence and excuses without proofs)

Advocate Abhimanyu Yadav answered
So warrants can be issued through different ranks of police officials. A more senior rank means more chances of securing the attendance of the JD. It will be sent to the concerned police station. Generally the warrants are executed closer to the date of hearing but there is no rule that it cannot be executed before in time. Speaking for the accused he will have to get the warrants cancelled before they are executed and he is arrested.

Q: Defence Evidence Stuck off and arrest warrant

District court has struck off the defence Evidence, case will be at Judgement stage now. An arrest warrant through joint commissioner of police has also been issued (PF filed) same day, now as petitioner, how can we ensure that court's order is followed and what are the options for respondents to get rid of this warrant of arrest and defence Strike Off order, what should our advocate's duty here ,what should be the next step as complaints ?

Advocate Abhimanyu Yadav answered
The Respondent may try to evade the warrants. If the address is correct and the Respondent has been served on the same address before then the court will eventually see if, he is in fact evading the process. The Respondent can move an application for cancellation of NBWs and for giving an opportunity to lead defence. - If not allowed by the court he may also challenge the order of the court. An Advocates duty is to oppose the applications and see that such order of leading defence evidence is not passed otherwise it may lead to delay.