Advocate Ajay Shukla

Questions Answered by Advocate Ajay Shukla (50+ answers)

Q: extended delay in case hearing by state consumer court

Application for Early Hearing and Expedited Disposal of Complaint as lying from 2020 for providing defective product as case is now under state consumer court lucknow

Advocate Ajay Shukla answered
Since your complaint has been pending since 2020 and is now before the State Consumer Disputes Redressal Commission, Lucknow, you may file an Application for Early Hearing and Expedited Disposal. Mention that the matter has remained pending for several years, the dispute relates to a defective product, and the prolonged delay is causing hardship and prejudice. Request the Commission to list the matter on a priority basis and decide the complaint expeditiously. If pleadings are complete and no further evidence is required, specifically pray for an early final hearing in the interest of justice.

Q: Family disturb internel matter

beti ko bhaga le jaana per uska pita kya kare agar pita se puche Bina beti kise ke saath bhaag jaaye

Advocate Ajay Shukla answered
If a daughter leaves home with someone without informing her father, the legal remedy depends mainly on her age.If the daughter is a minor (below 18 years):The father has full legal right to lodge a missing person report or an FIR for kidnapping/abduction at the nearest police station. Taking a minor girl away without the consent of her lawful guardian is a criminal offence, even if the girl went voluntarily. The police are duty-bound to trace and recover her.If the daughter is a major (18 years or above):She is legally competent to take her own decisions. In such a case, no offence of kidnapping is made out if she has gone voluntarily. The father may still file a missing person report for her safety, but criminal action against the boy will not normally lie unless there is evidence of force, threat, fraud, or illegal confinement.

Q: A person mortgage his brother car and now filling FIR against me

Hi one of my driver asked for loan of 2 lakh from me and mortgaged an Ertiga car of his brother, he provided car 1 key, RC and an agreement paper signed by his brother. Now his brother went to the local police station and mentioned that I kept his vehicle without his permission.Police man called me and threaten me that he will file an fir against me if I do not return the car asap.

Advocate Ajay Shukla answered
Based on the facts stated, your matter is primarily civil in nature, though police pressure is being used. You advanced a loan of ₹2 lakh and accepted the vehicle as security, along with RC, one key and a written agreement signed by the registered owner (brother). This shows prima facie consent of the owner. Therefore, allegations of theft or illegal possession are not automatically made out.Police cannot register an FIR merely on oral allegations without examining documents. At most, the dispute relates to recovery of money or validity of mortgage/pledge, which is a civil dispute. If the agreement bears the signature of the registered owner and consideration is proved, offences like theft or criminal breach of trust are not attracted.However, motor vehicles cannot legally be mortgaged without proper endorsement, and forceful retention may invite unnecessary criminal litigation. Hence, as a practical precaution, you should cooperate with police, produce the agreement, loan proof, and explain that possession was given voluntarily as security.You may also file a written representation to the SHO or senior officers stating facts and enclosing documents. If harassment continues or FIR is threatened despite documents, remedy lies before the High Court for protection or by filing an application against police misuse of power.

Q: Cast certificate related issue I am working at uttar pradesh police

Mera jaati praman patra nirdharit prarup se alag tha mera selection ho gya aur join kiye hue 8 month ho gaye uttar pradesh police kya meri Naukri jaayegi meri cast same hai jo jaati praman patra mai thhi formate ka issue hai mujhe guide kijiye

Advocate Ajay Shukla answered
If your caste certificate was issued in a format different from the prescribed format, but the caste/category mentioned in it is correct, and you have already been selected and joined the Uttar Pradesh Police and completed about 8 months of service, then your job will not automatically be cancelled only on the ground of a format defect.Courts have consistently held that a technical or procedural defect in a caste certificate cannot override the substantive truth of caste, especially when there is no allegation of fraud, misrepresentation, or false claim. If your caste is genuinely the same as claimed at the time of selection, the authorities are required to give you an opportunity to rectify the defect.You should immediately apply for a fresh caste certificate in the prescribed/updated format from the competent authority and submit it to your department with a written explanation. If any adverse action is taken without giving you an opportunity of hearing, you may challenge it before the appropriate authority or the High Court, as such action would be arbitrary and violative of principles of natural justice.

Q: Unfreeze my bank account which had been put on hold due to telegram p

My bank account has been debit frozen due to a cyber crime complaint from another state. I have no involvement in any fraud and I am myself a victim of a Telegram-related online fraud where I lost money. Rs. 5500 is on hold, causing financial loss, and my LIC funds are also affected. Despite written requests to bank and authorities for over 1 year, no action has been taken. What legal remedy is available?

Advocate Ajay Shukla answered
If your bank account has been debit-frozen due to a cyber crime complaint from another State, without any role on your part, the action cannot be indefinite. Firstly, you should seek written details from the bank regarding the exact FIR/complaint number, police station, and authority that ordered the freeze. As per law, freezing of an account under Section 102 CrPC must be reported to the jurisdictional Magistrate and cannot continue endlessly without investigation.Secondly, you may file a representation/application before the concerned Investigating Officer and the Magistrate having jurisdiction over the cyber crime case, clearly stating that you are not an accused, that only ₹5,500 is on hold, and that you yourself are a victim of Telegram-related fraud. Supporting documents should be annexed.If no action is taken despite lapse of one year, you have the remedy to approach the High Court under Article 226 of the Constitution by filing a writ petition seeking de-freezing of your bank account and protection of your LIC funds, on the ground of violation of your fundamental right to livelihood and arbitrary action.Additionally, a banking grievance can be raised before the Banking Ombudsman/RBI portal, and compensation may also be claimed for mental harassment and financial loss caused by prolonged illegal freezing.