Advocate Adarsh Kumar

Questions Answered by Advocate Adarsh Kumar (400+ answers)

Q: When does Section 531(2)(a) BNSS save the case to be under CrPC

On 17 May 2024 judge send reminder to police to complete police report ordered Cr PC u/s 156(3). BNSS went effective Jul 1, 2024. On 29 August 2024 police report filed U/s 202 of Cr.P.C and judge call complainant for Say. The question is is this case saved by Section 531(2)(a) BNSS to be under Cr PC or does BNSS apply to this case?

Advocate Adarsh Kumar answered
Since the proceedings under Section 156(3) CrPC were pending before 1 July 2024, Section 531(2)(a) BNSS saves them. Therefore, CrPC will continue to govern the case despite the police report being filed later.

Q: Unpaid Invoices of MSME by Limited company

I am Udyam Regd MSME in Financial Services arranging loan from Banks to Companies. A company has paid only partially to me on Invoices raised (Plantiff paid Gst & respondent deducted TDS). Unpaid Amount 9 Lac, i dont have any written agreement with Respondent. In Commercial court, Respondent failed to file reply in 120 days. Commercial court has disallowed to hear Respondent reply. Now Respondent approach commercial court that case should be dismissed as it pertains to Civil court. What to d

Advocate Adarsh Kumar answered
The objection is not tenable. Recovery based on business invoices falls within the definition of a commercial dispute under the Commercial Courts Act. The absence of a written agreement is not decisive when invoices, GST payment, and TDS deduction establish the commercial transaction. Since the defendant failed to file the written statement within 120 days, they cannot now use a belated jurisdiction objection to delay the proceedings. Oppose the application and seek continuation of the trial.

Q: Unpaid Invoices of MSME by Limited company

I am Udyam Regd MSME in Financial Services arranging loan from Banks to Companies. A company has paid only partially to me on Invoices raised (Plantiff paid Gst & respondent deducted TDS). Unpaid Amount 9 Lac, i dont have any written agreement with Respondent. In Commercial court, Respondent failed to file reply in 120 days. Commercial court has disallowed to hear Respondent reply. Now Respondent approach commercial court that case should be dismissed as it pertains to Civil court. What to d

Advocate Adarsh Kumar answered
The objection is not tenable. Recovery based on business invoices falls within the definition of a commercial dispute under the Commercial Courts Act. The absence of a written agreement is not decisive when invoices, GST payment, and TDS deduction establish the commercial transaction. Since the defendant failed to file the written statement within 120 days, they cannot now use a belated jurisdiction objection to delay the proceedings. Oppose the application and seek continuation of the trial.

Q: Regarding NRI marriage fraud and demand

Hello,My case is in women cell yet. My husband (NRI) has sent SPA authority letter due to which one of his relatives are attending the hearings on behalf of Him. I want to know that in complaint I have listed the names of his parents and his sister as conspirators(accused) then why his parents and sister are not being called yet for the hearing. The IO told me that we cannot call the senior citizens: if they are not medically fit then shouldnot they show their medical fitness certificate?

Advocate Adarsh Kumar answered
Merely naming your husband's parents and sister in the complaint does not automatically require the Women Cell to call them. The Investigating Officer has discretion to decide whom to summon during the inquiry based on the allegations and available material. If the IO is exempting them solely on the ground of age or medical condition, you may request that such exemption be supported by genuine medical records. If you believe the investigation is not being conducted fairly, you may submit a written representation to the senior police officer or seek appropriate directions from the competent court through your advocate. Carry all evidence supporting your allegations against the family members.

Q: Regarding NRI marriage fraud and demand

Hello,My case is in women cell yet. My husband (NRI) has sent SPA authority letter due to which one of his relatives are attending the hearings on behalf of Him. I want to know that in complaint I have listed the names of his parents and his sister as conspirators(accused) then why his parents and sister are not being called yet for the hearing. The IO told me that we cannot call the senior citizens: if they are not medically fit then shouldnot they show their medical fitness certificate?

Advocate Adarsh Kumar answered
Merely naming your husband's parents and sister in the complaint does not automatically require the Women Cell to call them. The Investigating Officer has discretion to decide whom to summon during the inquiry based on the allegations and available material. If the IO is exempting them solely on the ground of age or medical condition, you may request that such exemption be supported by genuine medical records. If you believe the investigation is not being conducted fairly, you may submit a written representation to the senior police officer or seek appropriate directions from the competent court through your advocate. Carry all evidence supporting your allegations against the family members.