Advocate Abhiraaj Sanjeev Kulkarni

Questions Answered by Advocate Abhiraaj Sanjeev Kulkarni (25+ answers)

Q: I would like clarification on section 31 of CrPC. Can you provide an explanation of section 31 CrPC

Respected Sir, I am a law student from Mumbai and facing difficulty in analyzing a provision in section 31 of CrPC. Could you please help me? My doubt is regarding the two limitations prescribed in section 31: 1) The maximum sentence a judge can impose is 14 years, which is the ceiling limit, and 2) The aggregate sentence cannot exceed twice the sentence that could be imposed by a magistrate for a single offense. I am struggling to interpret the second limitation of section 31 CrPC. Could you please explain how to analyze this limitation, perhaps with an example? I’ve done some research but haven't found a satisfactory answer, and I really want to clear my concepts. I hope you can assist me with this issue. Warm regards.

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Student,A brilliant analysis with example by an authority none other than Honble Justice Ramkumar of Kerala HC at livelaw.com. Do search for it and go through the article. Sincerely hope it will satisfy your question.

Q: I am a witness of a case, can NBW to CWS be issued if I don't attend hearings?

I am a witness of a case/ complainant of a case which happened 6 yrs back. I have attended court twice but as d judge n required ppl were not there i was asked to attend again. I missed the third session n now next month havr next session. They said nbw to cws will b isued if i dony attend. nbw to cws meaning ? I stay in othet state now and i cant attend the court every time. Is there any way i can get out of this?

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,NBW is issued against a Witness only after several notices are sent to such Witness and if such notices for appearance in the Court are repeatedly ignored post which a BW is issued and when the Witness still does not heed to such BW, only then an NBW is issued. Thus Courts do exercise caution before issuing NBW's to Witness. In your query it is not clear whether you have received notices till now and whether you have failed to appear post such Notices and whether you were presented with a BW for appearance. I am not certain with what you mean by "they will issue NBW" because it seems NBW has not yet been issued to you. Do enquire who has supplied you with this information, nowadays you also get to see the Case information online thus you can verify whether the Trial is really being scheduled at the proposed date.Hope you have the case number, name of the Prosecutor, Investigating Officer, etc. with you and if you dont have it please do request for this info. Dont forget to inform about your correspondance address or any updates related to it to the Court.In case you have not received any official intimation to that effect you need not worry. However please note your appearance may be crucial for the trial and your testimony could be a matter of life and death for someone. Do attend the trial if you are called upon by the Court and as your social responsibility. You may tell the Court your concern about the lingering testimony for years and your other commitments, possibly the Court may consider option to your convenience.

Q: can we do freelancing with job along with full time employment illegal?

Hi, I am a full time permanent employee of a product based IT company in Pune, India. I have started doing freelancing jobs from last year through a online freelancing website. I would like to know if this is legal or not. can i do freelance work while employed ?

Advocate Abhiraaj Sanjeev Kulkarni answered
Hello Querist,It depends on your Employment Contract, the nature if your work with your first i.e. full time Employer and your Employers internal Policies (as may be amended from time to time).Some employers may allow their Employees to pursue outside business interests if a prior approval is taken from the Line Manager / HR etc. and subject to the nature of outside interest pursued along with all the requisite disclosures.While engaging in any outside activity for profit during the course of Full Time Employment, there is always a room for suspicion whether 1) you are using your Employers Condifential Information or 2) the know how acquired through your existing Employment is used in your freelance assignments. These secnarios would lead to breach of confidentiality clause in your Employment Contract or the use of acquired know-how from your Full Time Employer would lead to conflict of interest. If you work in a service oriented industry catering to various business clients there are chances your Employer might have entered into Confidemtiality / Service Agreements with certain Business Partners and your free lancing work might thus unknowingly jeopardise those contractual arrangements. It is also pertinent to note that you may unknowingly end up working for your Employers business competitors.It is very important to factor the above scenarios and seek prior approval from your Full Time Employer before engaging in any outside business opportunity, however benign and lucrative it may appear to you.As far as the legality of such freelance assignment is concerned, you are governed by the Shop and Establishment Act and or the Factory Act depending on your nature of work and industry you are employed with, and it clearly prohibits Dual Employment, though there are certain exceptions (viz. Family business, Academic Assignments, etc.) and yours may or may not be covered depending on the facts and circumstances which your Line Manager / HR or ER Department may be the best judge to decide.I would advise you to check your employment contract and Company Policy and consult with your HR immediately to avoid any possible contractual breach arising out of such freelancing work.

Q: Two different dates mentioned for possession what should be considered

I have booked flat in @80 percent complete building, builder is ready to give delivery date as Mar-17 on his letter head but the agreement clause says 3 years , agreement yet to be registered, Is anything given on builder's letterhead is legal document? pl. advice

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,If Builder is providing an earlier possession date than Agreement, then he is revising the terms of the contract and as such the revised date should prevail. However if the agreement is registered post such letter, it would in effect postphone the date so revised (depending on the terms of the agreement). Do check if the clause reads as "3 years" and not "Upto 3 years" because upto 3 years can also mean anytime from executing the agreement or from a specified date (as the case maybe) upto 3 years.However irrespective of the date in agreement, in reality the possession may be postphoned or preponed due to business exigencies and as long as such is reasonable and acceptable to both the parties it will not be an issue. For eg. Generally the agreement entered with the construction company / developer is one sided and mostly favouring the builder however the builder will not always enforce the stringent clauses to his benefit and if at all he does so, such clauses are struck down by the Consumer Court in case of dispute. So in essence as a thumb rule what is reasonable shall prevail over that which is onerous or totally one sided.However you need to understand that preponing the possession date might mean you have to pay the full price of the flat immediately unlike the future payment slabs stipulated in your agreement.

Q: Can i file consumer complaint against builder for poor service

i have purchased the flatat nallasopara from 2nd owner.I am 3rd owner but still builder has not handed over he society and tacking care of water supply and othe building issue. My complains are 1) talking maintenance but lift is not working 2) poor construction quality 3) cut water suppy if maintenace is not paid on time. can i fight against builder for above complain. please suggest

Advocate Abhiraaj Sanjeev Kulkarni answered
Dear Querist,Technically yes, you can but there are a lot of practical hurdles such as the assumption that you did the due diligence before buying the property, the use of the apartment by previous owners and the wear and tear it may have caused to it, have any other flat owners filed complaint against the builder or is it you alone, age of the building i.e. how old is the construction ( if its very old the chances of you suceeding may thus get narrower).Have the flat owners formed Society or Apartment, you may consider aporoaching the consumer forum as an association of flat owners rather than singly either to compel the builder to form a Co Op Soc or Apartment in case such it not formed along with other issues.