Advocate Amandeep Bawa

Questions Answered by Advocate Amandeep Bawa

Q: Is it necessary to prove ownership in case of theft

whether ownership is required to prove by the complainant in case of theft case if not proved then what consequences.

Advocate Amandeep Bawa answered
ownership of goods or anything which is case property is required to prove by the prosecution/complainant to succeed in case as per law laid down by hon'ble Punjab and Haryana High Court in 2009(4) RCR crl. 919 (P&H) where it was held to prove charge under section 379/411 ownership is required to prove.

Q: Verbal abuse and attempt to hurt me physically by college professor

I am a student of Chandigarh University. Today, I had a written complaint against a professor. He took the complaint, tore it away, lashed at me, threatened me and was about to hit me before getting saved by other teacher. I don't feel secured at the moment and want to process the case legally. Please advice me.

Advocate Amandeep Bawa answered
Respected, you can move an application reagrding the conduct of said professor to the concerned police as he had no right to making verbal abuses and to uses criminal assault against you and punishment is under 506 IPC if verbal abuse is there and if criminal assault actually made then other relevant section shall be attracted and such police authority can take action against such professor u/s 107/151 CR. P. C for preventing him to not to hurt you and even govt. employ cannot save his skin from criminal liability arises by his act and conduct.

Q: Wife file false harassment case against brother in law & his wife

My brother in law married 6years ago.now he want divorce as her wife's character is not good. She is threatening to file dowry case .can she drag me & my wife into this to harass. We are Hindu.

Advocate Amandeep Bawa answered
Respected sir, you should not worry because now police only lodge case against husband and parents and in most cases declare parents innocent even this fact that complainant mentioned the name of them in complaint and especially relative are not connected to this dowry cases beacuse they will have no benefits if dowry is given to accused/husband or not so and apart from this now even before lodging FIR against husband one Enquiry conducts and so you can not be connnected to this case and as per the law down by the hon'ble Supreme Court of Indian in 2010(4) Criminal Court cases page 053(SC) where FIR against sister and brother were quashed by saying that FIR was lodged against then just to humiliate them.

Q: Husband drinks & threatens to kill wife for money to play lottery

My husband is 39 years old. He drinks everyday and threats me that he will kill me. The problem is that he is indulged playing lottery(daily). He is not earning anything and is drowning all the financial sources. I do not have any other source of money instead of some money in my bank account. He is now asking for that money. I have two kids out of which one is giving his board exams of class 10th. Please give me suggestions what can i do now?

Advocate Amandeep Bawa answered
Respected madam, Your husband issue regarding his greed of money for playing lottery and harassing you can be solved by teaching him a lession by filing maintenance case u/s 125 Cr. P. C before the illaqa magistrate where you reside and this case is maintainable even if you are residing with your husband and he should have to pay the monthly maintenance to you and your minor children despite this fact that he is not working as law laid down by the hon'ble Punjab and Haryana High Court in 2016(3) civil court cases 210 (P&H) and in each month default for non-paying the maintenance he will go to jail and then he will not harass you and it is the one of biggest weapon in the hand of married woman and apart from this you can move application to police for taking legal action against him for harassing you in the meanwhile.

Q: Complaint filed for domestic violence and maintenance by wife

Dear Sir, My wife file a false domestic case on me . but she working a job and taking a maintenance from family court. no one listen my objections and request. even she working a good job .. please give me advice to save from maintenance

Advocate Amandeep Bawa answered
Respected Sir, that if concerned court in which case is pending has passed an order against you then you have right to seek the upper court for taking appropriate action against said order passed against you in your area with supporting case law which is laid down by hon'ble Punjab and Haryana High Court in the year 2016 (4) Civil Court Cases Page 180 (P&H) in which case also wife was employed and high court set aside the order of maintenance against husband only on this ground and also in 2017(1) civil court cases page 279 (P&H) and also in 2017 (2) Civil Court cases 826 (P&H)