Advocate Ankit Juneja

Questions Answered by Advocate Ankit Juneja

Q: I'm suffering dying poorest scientist facing starvation unemployment and life threatening oral cance

I'm suffering dying poorest scientist facing starvation unemployment and life threatening oral cancer and bipolar disorder biological ailments I was booked for POCSO by my daughter under threat by relatives and wife I was in JC for about 80Days and now on regular bail we all live together and they supported me for all my interim and regular bail and regret for their act and willing to offer any assertive favorable factual statement for quashing in Delhi high court I have no money even to survive is there any one in this learned lobby who can selflessly come over and stand with me for justice and run through the emotions on humanitarian grounds to soothe an innocent starving scientist I have been writing again and again but failing to get any response from any advocate hope to receive this time approached DHCLSC but failed they are all blank and not willing to help THANKS

Advocate Ankit Juneja answered
Sir, I suggest you to go Delhi High Court Legal Aid Department. They will help you with your issue and thier office is located in Delhi High Court lawyers chambers ground floor. There is no fees or any charges.

Q: PAYMENT OF ASSETS OF DECEASED CONSTITUENTS ACCOUNT

Raju, a Hindu gentleman, had been maintaining two joint Savings Bank accounts, one with his mother, Maya, and another with his Aunt ( Mother’s sister), Durga. The operation mandate of both the accounts was on the “Either or Survivor” basis.Durga expired on 31-12-2016. Raju did not intimate the Bank but continued operation in the account.Maya expired on 19-05-2018. Before giving intimation to Bank Raju also died intestate on 30-05-2018.Now, Anamika, widow of wife, is inclined to claim the amount outstanding in both the accounts for self and on & behalf of her minor son without legal representation, i.e. with Affidavit and Indemnity as per Bank's extant norms. Is She entitled to receive the assets of both the accounts in the above case?

Advocate Ankit Juneja answered
RBI has in its Master Circular on Maintenance of Deposit Accounts laid down guidelines on operations in Joint Accounts. In the case of a Joint Savings Account with the mandate of ‘Either or Survivor’, wherein one of the account holder dies, if the benefit of survivorship is provided, the survivor can give a valid discharge to the bank. Even though payment to the survivor will confer a valid discharge to the bank, the survivor will, however, hold the money only as trustee for the legal heirs (who may include the survivor as well) unless he is the sole beneficial owner of the balance in the account or the sole legal heir of the deceased. Thus, the survivor’s right unless he is the sole owner of the balance in the account/sole legal heir of the deceased, is only in the nature of a mere right to collect the money from the bank In your case, Raju had a Joint Savings Account with his Aunt Durga (his mother’s sister). Upon her expiry on 31-12-2016, Raju can hold the money only as a trustee for the legal heirs unless he is the sole beneficial owner of the balance in the account or the sole legal heir of his aunt, Durga. In other words, the balance in the joint savings account with his aunt Durga, can be solely Raju’s only if the terms of their account state that he is the sole beneficial owner of the balance or the sole legal heir. If Durga has any other legal heirs, they have the right to claim the balance in the account. So, for Anamika to have access to the balance in Durga and Raju’s account, it needs to be clear whether Raju had the right to be owner of the balance, either by being the sole beneficial owner or as a legal heir. Similarly, upon the death of his mother, Maya, Raju has the rightful access to the balance of their joint account in the capacity of being the beneficial owner or the legal heir. Raju dying intestate, gives right to his wife, Anamika to claim the amount outstanding in both accounts provided it can be proved that Raju had the rightful possession of the same.

Q: Delayed Adjudication Of Appeal State Commission

Rajesh Ghai v Renault &othrs district forum order 503/2018 dated 12/11/18 passed for deficiency in service, ordered refund car amount. Appeal A30/2019 dated 1/2/19 accepted delhi State commission. Four adjournment only for opposite party reply violation u/s 13(2) & (3) CPAct not following precedent 45 days limit. Early hearing appeal not entertained. Renault lawyer influencing member for adjournments. Approached President commission to intervene, no response. Petitioner has vested interest as case tarnish best selling model kwid. The other respondents are Authorised dealer and authorised insurance company. Dealer has not submitted reply even afte 4 adjournment. Delaying trial to frustrate consumer. What remedies available, when undue delay caused by member? Where I can place complaint , which higher authority (ncdrc) for early adjudication. My new car got burnt in stationary conditions 11/4/16 and car lying at petitioner workshop since that time. Please guide. I am contested myself.

Advocate Ankit Juneja answered
Please note there is a new Act of 2019 which has come into force now. Section 52 states that an appeal filed before State Commision shall be heard within 90 days and disposed of expeditiously.Therefore, you may be able to push for an expeditious hearing now by filing an application. If now such an application is dismissed, then you will be able to come to the National Commission.

Q: Breach of contract, company is trying to make fool of me

I am working with a company (mobile application). I have a contract which they had shared with me in the beggining. Now they are making new rules which are not mentioned in the contract. They are trying to take my money which has been deposited with them. I need legal help to understand what actions can i take against them.

Advocate Ankit Juneja answered
Firstly, the terms of the first contract will need to be examined. If there is a term in the first contract which says that you have agreed to be bound by polices of the company which change from time to time, then you may not be able to tell them not to change. However if these changes are clearly opposite to terms of the first contract then you have every right to tell them not to change. Since these changes are outside of your first contract, there is a good chance you can tell you employer to remodify the first contract if at all you wish to be bond by them. In your case, if it is found that the employer is using its position to change the terms of the contract without your consent, this would amount to undue influence. You will have the power set aside contract induced by undue influence. The company cannot add terms to the contract without your consent, and if they are doing so, they can be held accountable for enacting undue influence upon you.

Q: Transfer of Properietorship, Work completion certificate etc

We are running a business where my wife is a proprietor of the firm in Delhi. Nature of our business is Govt. Contracts. Currently we are working in the state of Jharkhand and Delhi. Recently she has cracked a Government job and she is supposed to join after 2 to 3 months.Is it possible to takeover the whole business(properietorship) into my name? Will I be able to use her(firm's) past experience/credentials/work completion certificate/bank current accounts/overdraft accounts etc.?Please guide us. As, credentials/work completion etc are very important documents in this field.

Advocate Ankit Juneja answered
Yes you can do all the required compliance with the local registrar's office and the same can be transferred in your name including the bank account and everything. it will be better if we get in touch through phone to discuss further