Advocate Anshul Gupta

Questions Answered by Advocate Anshul Gupta

Q: Salary received through cheque but cheque bounced

Sir, I am a doctor and was working in a private medical college in UP till 20th may 2016 when I was compelled to resign. I wasregular on duty till april 2016(25working days), but due to some personal reasons I could work only irregularly in may 2016(3 days only). Usually my monthly salary is given through cheque before 10th of next month, so I should have got the cheque for april before 10. But they delayed giving cheque and said that it would be given on 16th may. I collected my cheque of Rs.59 thousand on 16th and deposited it in my bank. But the cheque was denied payment and my cheque bou

Advocate Anshul Gupta answered
Legal notice is to be send within 30 days of dishonour of the cheque and I'd payment is not made them complaint is directly filed before the magistrate after waiting for 15 days after sending notice and before 30 days after expired of 15 days . Complaint is filed before the court area where you maintain your bank account . They can go up to 3 years of jail

Q: Can refuse to answer a question which will incriminate me in a matter?

when called by police for any investigation or arrested for any crime, can you insist on contacting your lawyer and refuse to answer any questions unless you had a chance to talk to him, or he is also present at the time of questioning?? also can you refuse to answer any question on the ground that it would incriminate you??? will this be ground for the court to refuse to give you bail as police will say that we need to investigate the matter as accused is not co-operating???

Advocate Anshul Gupta answered
There is a specific provision for seeing legal counsel in CRPC and u can request the court to allow the counsel to accompany you during investigation . Further , yes it is ground of dismissal of bail application if you do not join investigation properly

Q: can a Hindu marry a Muslim girl without divorcing her Hindu wife?

can a Hindu boy marry a Muslim girl when he is already married. and if he converts to Muslim then can he marry muslim girl?

Advocate Anshul Gupta answered
Sir , that is the weirdest thing anybody could ask . First of all , ur first marriage will not suo motto dissolve when u become Muslim . u can only remarry once u get decree of divorce from competent courts , regardless of the fact of ur converted into any religion

Q: What is procedure for mutual divorce?

What is the procedure for mutual divorce? I have been married for 5 years. Me and my husband are staying separate for 1 year now.

Advocate Anshul Gupta answered
Hello , you and your husband have to file a petition of divorce on mutual consent together alongwith affidavits . both of your statement s will be recorded in the court . then after 6 months a second petition will be filed and then simillary both o your statements will be recorded again n then ur divorce will be final .

Q: drugged,raped,blackmailed ,threat to kill,promise to marry

A married man siphoned money , drugged my sister,molested and raped her,blackmailed her of making photo's public and threaten to kill her,when the family intervened he promised to marry her but after using this to his advantage refused to marry after five years.What legal steps can be taken now to punish the culprit?

Advocate Anshul Gupta answered
Please go to your nearest police station And get FIR registered against the accused . dictate them your story n they will record ur statement . u can also ask for a female police officer at police station . ur statement will be recorded by the police n then they will take you to the nearest magistrate n get ur statement recorded before magistrate .