Advocate Apoorv Joshi

Questions Answered by Advocate Apoorv Joshi (25+ answers)

Q: How to prove forgery in court ? supreme court judgments on forged signature ?

Have three documents, two with signatures of same person, which are genuine and match. Third document alleged forged signature of person who signed on document one and two mentioned earlier. Prima facie also this signature on doc 3 looks quite different from that on doc 1 and 2. However due to reasons unknown the person who has signed on doc 1 and 2 has declared that the signature on doc 3 is also made by him. My query, is it possible to prove from a handwriting expert which will be accepted in court of law that the signature on doc 3 is not made by the person who made the signature on doc 1 and 2. how to prove forged document in court ?

Advocate Apoorv Joshi answered
Expert Opinion is a solid piece of evidence in a Court of Law. As far as your case is concerned, I am a bit confused as to which side exactly you want to be.? If the person has himself disclosed that the signature on Doc-3 was made by him in his recorded testimony, then this will be a matter of relevancy during trial and will go against the accused person. However, a report of an expert opinion regarding the signature will be strong evidence in favour of the accused if it happens to be a positive one.

Q: What is the time limit for filing fir in india

Sir, a person abused me in a WhatsApp group, three months have passed. Could I still get an FIR registered? What is FIR time limit for such an offense? FIR should be filed within 24 hours, or is there any flexibility in the time limit for filing FIR in India?

Advocate Apoorv Joshi answered
There is no strict FIR time limit in India for lodging an FIR. However, a delay makes it discretionary for the police to decide whether to register it or not. This depends on the severity of the offense. The Supreme Court has stated that for grave offenses, an FIR can be lodged even after a delay of 15 days. In your case, a delay of three months may weaken your case, and the accused could use it as a strong defense.

Q: Alteration or dismiss enterim maintenance for a major son

As per family court judgement 31 Aug 18 I have given RS 2000 PM to minor child Now they have completed 18 years age Then what can I do for stop maintenence???

Advocate Apoorv Joshi answered
Section 125 clearly states that you have to maintain your child only till he/she attained majority. As soon as he turned 18, order of maintenance stands cancelled with respect to your major child. Only in special case when your child files an application and if the court thinks fit, Court will order for further maintenance.

Q: Case on boyfriend for cheating on me

Sir i was in relationship with a guy from 6 years and we were in physical reRelationship too... He went to Canada now n started new relationship being with me. He promised me to get married and he promised to other also for marriage. I sent him 52000 rupees because he was in need as I was unaware about his new relationship. I am having all evidence regarding our relationship.

Advocate Apoorv Joshi answered
You have a remedy with you for approaching the concern Police Station or Women Cell and lodge a complaint against the said person. Having sexual relation under false pretext of marriage promise falls under Offence for Rape.However, delay on your end is a drawback for you but still i would suggest you to opt for the remedy at the earliest.

Q: Compromise for case filed under section 420

Hello please help...we are 3 directors of a company ...one director did fraud with clients...fir lodged against us..we have depostied 8 lac in session court for a bail..now the complainer ready to compromise with me but court is not allowing to withdraw my deposit money..they are saying that the amount will refund after the closurr of case against all of them..rest of 2 directors are not ready to compromise...now how can i withdraw my money and do compromise.

Advocate Apoorv Joshi answered
You being the director of the company, is liable for all the wrong action done and its consequences. Session court might not allow you to move for withdrawal. However, you have a right to approach High Court for quashment of FIR against you. There you can raise the ground of compromise because 420 is a compoundable offence.