Advocate Aditya Prakash Arora

Questions Answered by Advocate Aditya Prakash Arora

Q: Is a case under section 409 and 420 bailable

My Father was retired from govt job in 2005 now there was a case of currption on him from some third party from 2016. Now yesterday the court declared him as accused and setence a jail term for him under many section out of that there 409 and 420 pic. He is 73 years old can we ask for a bail for him. Please suggests

Advocate Aditya Prakash Arora answered
Once an accused is convicted by the court, nothing remains bailable any longer. One has to seek a bail from the judge. In your case we will have to file an appeal and seek for bail in the appellate court.

Q: Company sent scrap after payment of amount

Sir, Ive been fooled by company named YH from faridabad. They sent quotation and took purchase order. As per agreement they have to send material first and upon delivery conformation we made payment of 38000 but when (GST INVOICE RAISED BY Them) when consignment arrived they sent us nothing from invoice but sent us scrap. I want my money back sir along with compansation. It happened last month dated 16-18 Dec

Advocate Aditya Prakash Arora answered
It is possible subject to you raising the issue with them at the time of delivery. The proper way would include sending a legal notice and then filing a civil suit. It would be a strong case depending upon the amount of evidence you have retained. But we will need to move fast because time delay may not take be a legal problem but it will be questionable.

Q: Court attaching my father gifted property on husband'd bankruptcy

Can Wife's only Property purchased from money given by wife's father be attached by court, if husband becomes bankrupt ? Husband was given money by bank transfer and property was then transferred into wife's name, but husband only paid Huge Interest to Private Lenders at 36% and did not return Prinicipal amt to Private lenders, who have now done Cheque Bounce case against husband. Pls advice

Advocate Aditya Prakash Arora answered
Will require more details to answer the question. But on a preliminary reading the property of a wife cannot be attached by the court if husband defaults. But there are certain exceptions to the rule. That will depend upon various factors.