Advocate Ankit Kakkar

Questions Answered by Advocate Ankit Kakkar

Q: Incorrect names In all important documents, procedure to correct it

All the important legal documents of my Mother have wrong name in them i.e., Aadhar Card, PAN Card, Voter ID card, Passport, Electricity Bill and Property papers. If I go to apply for correction in any of the documents online, I have to give a proof for the right name which I can't since all the documents have wrong name in them. I can't seem to understand how this issue should be resolved.

Advocate Ankit Kakkar answered
You need to get correct name published in the official gazette of India and also by publishing in any national newspaper and then that can be used as a proof to get rectified wrong name in all other relevant documents i.e. Aadhar Card, PAN card etc.

Q: Sold generator to someone, some payment in cheque which got bounced

I sold a generator to a person and he gave me money in form of some cash and 2 cheques.cheque date was after 15 days of selling.after 2 days of cheque date I submit cheque to my account.bt cheque was bounce.after bounce I talk to buyer but he does not give my money.so plz help me that wht can I do.wht low,what right against it for case on buyer....

Advocate Ankit Kakkar answered
You should firstly serve him a legal notice u/s 138, Negotiable Instrument Act. In furtherance then a case can be filed against him, substantiating with relevant documents of evidence to be annexed thereof.

Q: Can a civil suit be filed by the bank if emi not paid for one month?

Hi sir/mam I have a loan from capital first bank of 1lakh and 93 thousand. I missed my payment for the month of september 2017. The collection agent is saying by 1st october thr will be a civil suit filed under your name as you have given the checks and you will have to appear in the court accordingly. Previously my two checks did bounce by capital first however i paid the emi somehow by arranging money. But for the month i am unable to as i am not working right now. My query is can the bank file the civil suit just for not paying the emi for one month?

Advocate Ankit Kakkar answered
In my opinion bank can file a civil suit against you in the scenario when emi is not being honoured on time. Whereas in normal circumstances banks do not file a civil suit in case there is failure of only a particular month emi but depends from bank to bank.

Q: Jurisdiction for suing partners of partnership firm

My wife"s brother and father lived in Rajasthan and their partnership firm was registered in Rajasthan . Brothers have residential property in Delhi too . My wife lives in Delhi . She wants to give notice under sec 12e partnership firm act for inspection of book of accounts . If they refuse or don't reply .. can she sue her brothers in Delhi based on residential property at Delhi .

Advocate Ankit Kakkar answered
In my opinion she can sue her brother's in Delhi as well based upon on residential property being situated in territorial jurisdiction of Delhi, as per the provisions of Civil Procedure Code, there is a provision for the same referred in the code.

Q: Can i ask for refund from a University which i realized was fake

I have paid three quarter fees to sikkim manipal university. I realised its a fraud, no assignments n all, and i didnt have time to do the course either. Can i ask for fees refund? It has already been 3 yrs that i enrolled.

Advocate Ankit Kakkar answered
Yes, you can claim refund of fees provided you can substantiate that the university is fake with sufficient evidences and further the same claim can be made within the provisions of Limitations Act. You can serve them a legal notice for the same.