Advocate Anand Shukla

Questions Answered by Advocate Anand Shukla (50+ answers)

Q: What to do when the supplier does not deliver goods after payment? Should I send a legal notice for

I have taken money from my client to supply goods, but my supplier has kept the money and is delaying delivery. What should I do when the supplier does not deliver? Should I send a legal notice for non-delivery of goods? My client is now threatening to file a FIR against me.

Advocate Anand Shukla answered
Sir You have not mentioned here what kind of agreement you have with your client and with the supplier. Also the mode of payment is not disclosed both with the supplier and the client. These things needed to be known before answering.

Q: How to withdraw 138 case ?

Hi Sir/Madam i want to withdraw 138 case please tell me the procedure i have hired a lawyer he drafted the case i have given him the drafting fee now case is in the court, i got first date but i want to withdraw the case because of some reason but my lawyer asking me the 10000 ruppe for withdraw case please suggest me what to do not yet summon release by court to second party. Thank you

Advocate Anand Shukla answered
Sir/Madam Even though there is some amount of costs involved in drafting of the case and putting up different formalities but still this can be done by my moving an application for withdrawal with the help of another lawyer.

Q: what are the provisions regarding 138 ni act court fees ?

Could you please let me know - know how much court fee for 138 ni act case and other estimated legal cost I could incur if I file a case under section 138 of NI Act at Saket Court, Delhi to recover money of Rs. 50,500 against which cheque was issued by the defaulter/Issuer/Drawer.

Advocate Anand Shukla answered
Dear Sir/MadamThe court fees for the Suit u/s 138 NI Act 1881 is very nominal or you can say nothing at all.But there are certain things of Limitation which has to be monitored for actually having the suit in your favour eg:Service of legal notice and filing of suit in Limitation period which are very short .

Q: If my husband is cheating what should i do legally ?

I got married two years ago, but later I found out that my husband is having an affair with another woman. I do not want a divorce, but I want to know if I can take legal action against my husband and the other woman. Can I file a case against my husband for cheating under Indian law? I am a Hindu.

Advocate Anand Shukla answered
Madam, I suggest first trying to resolve the issue through discussion with your husband and the other party. Since you do not wish to file for divorce, you cannot file a petition for adultery, as it is considered a ground for divorce under the law.

Q: Cheat tried to retrieve money for the cheques blocked

This case happened in 2004 whereby my brother who lives in USA ( and had an NRI bank account in India ) had sent some signed blank cheque's to my mother via courier. As the courier didn't reach so we got skeptical and approached our bank. We told the bank that anyone who tries to use the cheque's should not be allowed to retrieve any money. As the courier person approached the bank and tried to retrieve the money then he was apprehended by the bank officials and handed over to the police. We said we don't want to pursue any case since our money was safe. Now after so many years we have received summons to appear in court. Please advice me what should we do. Do we need to hire a lawyer or any do we simply go there and answer what is asked by the lawyer and judge?

Advocate Anand Shukla answered
Sir,Please send the copy of summon so that it can be identified which court you are seeking for.It may be you might not happened that you launched police complaint but the bank might have done for their safety to proceed against the people who had tried to create fraud.You can approach through law ratto for further course of action.