Advocate Akshay Gupta

Questions Answered by Advocate Akshay Gupta (200+ answers)

Q: Case status disposed and uncontested allowed under section 10 a

Case status is uncontested and disposed what does it indicates ??, uncontested allowed meaning in court ?

Advocate Akshay Gupta answered
it indicates that notice was send to you and you have accepted it but still did not attend the court but received if the notice but you have not attended the court in that case court will pass exparty order against you

Q: What does 'Refer to Drawer' mean in cheque return scenarios?

I gave Rs. 120,000 to a partnership firm, and the proof of transaction is only a receipt on the company letterhead signed by its Managing Partner. Later, when I requested payment, I received a cheque for Rs. 100,000, which was dishonored by the bank with the code 'REFER TO DRAWER'. Does this situation fall under the Negotiable Instruments Act (NI Act)? Are there any previous judgments related to 'Refer to Drawer' in cheque returns?

Advocate Akshay Gupta answered
Yes, any cheque which is returned with an endorsement of 'refer to drawer' comes under the NI Act. You can file a case against him, and when such a huge amount is involved, his liability for payment increases. The transaction documented on the letterhead is sufficient to prove the validity of your claim.

Q: I gave credit to my friend as a help (Loan money recovery)

Hi sir/madam, I gave 4 lakhs to my friend in the period of September 2018 to December 2018,as a credit, he said he will return back in 2 months. its been 10 months completed he is not giving my money back.He gave me 2 cheques worth 3.5 Lakhs it got bounced in bank due to insufficient funds. Now he is saying i will give back your money don't worry but it takes time.i can give you only when i have sufficient funds with me, i am totally undergoing mental torture daily in this issue. I have all bank transactions of amounts which i transferred to his bank account.out of 4 lakhs he gave me 50 thousand.Now he should give me 3.5 Lahks as per cheque written amount.Please suggest me what should i do and how to proceed further to come out of this.

Advocate Akshay Gupta answered
you have to send him a notice and then if hi still do not pay the amount then within one month you have to file case upon that person for dishonour of cheque after filing of the case still if he does not appear in the court then arrest warrant will be issued on his name

Q: what is your suggestion regarding this divorce case

A couple separated by themselves. And both got remarried. Can they take divorce now on mutual concern. As the remarried spouse has to enter the details of divorce. please suggest.

Advocate Akshay Gupta answered
yes they can take divorce mutually they don't have to inform court that they are already living with someone else they just have to plea that they are willing to take mutual consent divorce the reason can pe anything that is justify in the court to satisfy the judge

Q: Is it possible to hire a lawyer as a long term civil legal advisor.We

Hi, Is it possible to hire a lawyer as a long term civil legal advisor. We have 2-3 properties and we don't want to involve in any problems surrounding them. Let me know if it's possible.

Advocate Akshay Gupta answered
dear client yes it is possible to hire a lawyer to look after your cases and all the property which are been in and around the areas and not allowing any person to enter into your property and not extracting persons to enter your property