Advocate Ajay Garg

Questions Answered by Advocate Ajay Garg

Q: Want to challenge/quash non-cognizable FIR under sec. 506 ipc

Can a non-cognizable FIR under section 506 ipc be challenged / quashed by the accused / his lawyer? If yes, under what procedure? Thanks in anticipation.

Advocate Ajay Garg answered
If both the parties i. E. Complaint and accused settled their dispute then it is possible to quash FIR under section 506 in the hon'ble high court of state where FIR is registered then the statement of both the parties is recorded before hon'ble high court afterwards your FIR is quashed

Q: What to do if company is not accepting resignation in india

My Name is I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but resignation not accepted by employer and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

Advocate Ajay Garg answered
Yes an employer may refuse to accept resignation depending on the the terms and conditions of contract between employee and employer also if there is some Condition that an employee have to give notice before resignation within a stipulated period of time

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Ajay Garg answered
Yes an employer may refuse to accept resignation depending on the the terms and conditions of contract between employee and employer also if there is some Condition that an employee have to give notice before resignation within a stipulated period of time

Q: I am complaining about personal loan.

I have applied a personal loan from India loan finance company (non banking finance company ) for Rs. 2,00,000/- the company has Charged Rs.2,000 on 9/9/19as processing fees afterward on 11/09/19Rs. 11,200/-,on12/09/19 10,000/-&Rs.11,000,27/09/19 Rs.7,000/-,3,000/-5,000/- & 28/09/19Rs.15,000/-total Rs 71,700/- has paid vide NEFT to their3 accounts in their various hidden charges. Now they wants another Rs.20,000/-.Sir, I have requested in various times to cancel my loan application, they threatening me not to discontinue my calls as well as my loan application. Lately they told me that if I had to cancel it Rs. 12,000/-will have to be paid. Sir I need your help to cancel my loan application and to refund my paid up dues of Rs. 71,700/- at an early dates.

Advocate Ajay Garg answered
sir first of all you must have to share the name of nbfc to which one can understand under what provision they are charging so much amount as concern to the cancellation of loan you can apply at any point before final approval of loan

Q: Bank Imposed Legal Charge and forcing to pay

Hi, I've taken a home loan from PSU bank for Amarpali Builder Flat. Amarpali did fraud with thousand of buyers and case is running in supreme court. I've book flat in July 2012, and bank disbursed 40% (12 Lac) of loan amount till 2014, and i was paying EMI from july 2012 till June 2017, and stop paying EMI from July 2017 (because there was no hope and development on project). Bank send me notice from "debt tribunal recovery" in Oct 2018 to pay the dues. I've paid 18-20 month EMI in 2-3 installment with interest from Jan - March 2019. Now Bank asking me to deposit 45K as lawyer fees, I am already in paid since not getting flat and paying EMI with no hope and now bank also pressurising me for 45K while i am paying EMi on time also. Now what to do and how to avoid this 45K

Advocate Ajay Garg answered
first you have to reply to the notice and remand necessary copy of documents which the bank has imposed penalty and under what provision bank has filed the case afterward you have to contest the case properly