Advocate Ankush Mahajan

Questions Answered by Advocate Ankush Mahajan (25+ answers)

Q: How To Declare Contract Null Void

There is a franchise agreement document which was signed in 2015. The agreement was notarized before it was signed by both the parties. Is it possible Now to declare the document null and void ?

Advocate Ankush Mahajan answered
This is definitely a RED FLAG on the validity of the franchise agreement. However, you need to ensure that a credible witness should be there to support this challenge. In addition, this can not be a sole ground for revocation of the franchise agreement. You have to provide further details.

Q: Wife not cooperating for the 498A cross examination keep on adjourn

Sir Madam, My friend is undergoing a case of IPC 498A. Case has been running from past 10 years. When he goes on hearing, she does not attend the court and stays outside without attending the court. As the hearing are being adjourned for a week and my friend stays around 2000 KMs from the court location. When my friend is represented by his lawyer to attend with petition for his absence she attends the court. She is not cooperating for the cross examination even my friend advocate is ready

Advocate Ankush Mahajan answered
Although we can not assist you without knowing the details of the case, however in situations where the complainant is not cooperating and the complaint is filed to harass the accused only, the accused can avail of various options.1. Filing an Application for speedy trial before High Court2. if the complainant is not cooperating in cross-examination or remains absent for her cross-examination, at least move an application for dismissal of the testimony of the complainant as a witness. This can bring pressure on the complainant to remain present during the cross-examination. The other options do exist and can be analyzed only after going through the case documents.

Q: MG Comet Car Delivered with Manufacturing Defect from Day 1

I bought an MG comet Dec 26 and on Dec 27 realized that car has a manufacturing defect. Contacted the dealership and informed about the same, the dealership informed that we will get it sorted during first service. Now my car is in service center for more than 1.5 month, neither dealership nor manufacture responding and updating on any status. We have even served them a legal notice, they don't seem to care. Neither they are returning the car not responding. What are my legal options here?

Advocate Ankush Mahajan answered
Apparently, it seems that they want you to take a legal route. Without referring to your legal notice, you can initiate a consumer court case against the dealer and the company. Since the pecuniary jurisdiction falls into district consumer forum, you can initiate the legal proceedings before district forum.

Q: Fake law degree case

I took an admission in a university by a institution and now BCD found my law degree is fake and FIR loge against me section 471,468 and 420… and police give me Bond Down and chargesheet will be submitted soon. What should i do

Advocate Ankush Mahajan answered
It is unfortunate to hear that you found your law degree to be fake. Could you please clarify the facts surrounding how you were cheated? Which university or institution was involved in this situation? Have you filed any complaints against the university or institution regarding this degree? If you have proof of your claims, make sure to present it during the trial. More details are needed to assist you.

Q: can perjury case under section 340 crpc be quashed at any stage

A complaint is filed with the police by post as well as in person, the police take the physical copy, stamp it, and give a Diary no. , when the court examines the police diary, it shows another complaint being filed altogether under the same diary, due to which 340 is filed. I have RTI copy which shows that a complaint was made on the said date and was sent via post as well. The current stage is of evidence, how do I quash this perjury and prove my case?

Advocate Ankush Mahajan answered
Yes, you must bring the RTI Copy on record through your Defence Evidence. Further, if you have a certified copy of the complaint too, along with the RTI Copy, that would further assist you in the evidence. Since it is already at the evidence stage, you will have a tough challenge while filing a quashing petition before the High Court. Make sure you bring all the documentary evidence to support your version. Hon'ble Supreme Court, in its latest judgement, held that the violation threshold must be high while initiating the perjury matter against a person.