Advocate Akash Pandey

Questions Answered by Advocate Akash Pandey (25+ answers)

Q: Appointment on compassionate ground in state owned company

Hi, my father was an employee of a state-owned company. He was suffering from various diseases and died on 1.3.17. He was on bed for 4-5 months before his death and during this on 16.1.17 medical board of company declared him unfit for job. He was also declared alcholic patient however he never touched alchohal in his life. During his last time on duty doctors infomered us that its a cancer but they have not mentioned it on any documents. As per the company, Cancer is a one of the diseases for appointment of dependents but they are rejecting by saying he was not died due to cancer and he was not an employee since already declared medically unfit. We are looking to file a case in a court. Please advise.

Advocate Akash Pandey answered
hi, first of all make a representation before the company giving all the details of your father including the medical certificates, once you have made the representation , if it gets decided against you, you should challenge it before the appropriate court. since you have not mentioned his designation , but you can directly approach the hon'ble high court.

Q: What to do my family has been charged under Section 302 102b of IPC

SIR SCORPIO SE ACCIDENT KE CASE ME PURE FAMILY KE UPER 302,120B ME CHALAN PES HO GAYA HAI, 01 KA ANTICIPATORY BAIL HUWA HAI, EK ABHI FARAR HAI, EK JAIL ME HAI KYA KARE

Advocate Akash Pandey answered
If the death was caused due to accident the charge should be u/s 304b not 302.whichi is a bailable offence. But in your case sec. 120 b has been added which shows it was a criminal conspiracy. First file regular bail for the person who is in jail and anticipatory for the person who is absconding. And then challenge the charge in high court

Q: How to get protection against threats from Ex Girlfriend

there a is one girl both we are close friend both family's are knew it but her family was not ready to marry with me. then she get away 4 times anywhere then her family and me look up and bring each time. after that her family did her marriage with another boy but she left her husband after 1 week and came her, her home with parent's.till now she get away anywhere and then her family threat very badly with my family and me because her family has power like money and reputation etc.i was doing everything as it is like they want from my side . now i am in mentally disturb and my family also what i do? i need protection if she attempt suicide,and her family will going to kill her because she want me or death.

Advocate Akash Pandey answered
In this case you can directly lodge fir/criminal complaint against the person who is threatening you. In case police refuse to lodge an For You can send a complaint to superintendent of police or you may also file a written complaint before judicial magistrate.

Q: What to do if a school does not pay gratuity

My mother got retired from a higher secondary school( chhattisgarh) in 2016. It was a semi government / govt. Aided school and according to the gratuity order she was supposed to get her gratuity within few months of retirement. It has been 2 years now that inspite of having the order copy from government she has not got any amount yet. There are many other teachers waiting for their gratuity. Kindly suggest a legal path to get the amount at earliest

Advocate Akash Pandey answered
Your mother can directly file a written petition in the high court for getting her gratuity amount, as you have said that she has retired from a government aided school. Hence a written would lie in the nature of service matter.

Q: Want to file for divorce and alimony living separately for 8 months

Its complete 3 years of marriege and we don't have baby from 8 months i am a post graduate lady and i don't have a job also and we are living seprate from 8 months now he is saying don't come back i'll not accept u i want to know if i will file divorce how much alimony and property i'll get from him

Advocate Akash Pandey answered
yes you can file for both alimony which is also known as maintenance. the amount depends upon the earning of husband as well as the living standard, For the case for divorce there are various grounds such as cruelity etc. under which petition can be filed before family court