Advocate Ashish Kumar

Questions Answered by Advocate Ashish Kumar (25+ answers)

Q: loan amount recovery of Five lakhs

Please help me out with relevant case laws in relation to recovery of amount of Five lakhs . Concrete case laws to support my claim.

Advocate Ashish Kumar answered
In a recovery matter for an amount of ₹5,00,000, you can file a civil suit for recovery of money under Order IV Rule 1 CPC read with Order VII Rule 1 CPC before the appropriate Civil Court having jurisdiction. The suit can be based on a written agreement, promissory note, cheque, or acknowledgment of debt. If the amount is supported by a cheque that was dishonoured, you may also initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881 in addition to the civil remedy.

Q: Can a victim oppose the quashing of a case filed by the accused in the

Can a victim oppose the quashing of a case filed by the accused in the High Court at the time of admission? Also, is it permissible for the accused to file for quashing after the trial has already commenced?

Advocate Ashish Kumar answered
Yes, the victim has a right to oppose the quashing petition filed by the accused before the Hon’ble High Court under Section 482 of the Code of Criminal Procedure (CrPC). The High Court generally issues notice to the complainant/victim and the State before admitting such a petition, giving the victim an opportunity to file a reply or appear through counsel to contest the plea for quashing. The victim can bring to the court’s notice the seriousness of the allegations, existence of prima facie evidence, and the stage of trial proceedings to oppose the quashing.

Q: Clarification on withdrawal of suit

Im into a high court case where I'm the defendant and because of financial and personal issues I don't want to continue with any proceedings and hearings. I am the rightful and legal owner of the suit property. Does this discontinuance of my stand takes away my legal and rightful share in that property? Can ex parte judgment take away my share from that property?

Advocate Ashish Kumar answered
it is important to understand that discontinuing participation in court proceedings can have serious consequences. If you stop appearing or defending your case, the High Court may proceed ex parte (in your absence) under Order IX Rule 6 of the Civil Procedure Code (CPC). In such a case, the court may pass a judgment based only on the evidence and arguments presented by the opposite party.An ex parte decree can adversely affect your rights over the suit property, even if you are the rightful owner, as the court’s decision becomes binding unless set aside later. However, you have a legal remedy — under Order IX Rule 13 CPC, you may apply to set aside the ex parte decree by showing sufficient cause for your non-appearance (for example, financial or personal difficulties).

Q: Refusal of Releasee to Sign Relinquishment Deed

I want to relinquish all my inheritance rights to my parents property and monetary funds/assets. My mother and brother are refusing to sign the relinquishment deed. What are my legal options to get myself free of any inheritance(property or monetary) and not be responsible for any disputes with respect to the same there-after.

Advocate Ashish Kumar answered
The appropriate civil remedy available to you in the Civil Court is to file a Suit for Declaration under Section 34 of the Specific Relief Act, 1963.In this suit, you may seek a judicial declaration that you have voluntarily relinquished or disclaimed all your inheritance rights in the property and monetary assets of your parents and that you shall have no claim, title, or interest in the same, present or future. You can also seek a declaration that you will not be liable for any disputes or claims arising out of such property.If needed, you may also add a prayer for permanent injunction restraining other parties from involving you in any proceedings or disputes regarding the property in future.Once the court passes a declaratory decree in your favour, it will have binding legal effect on all concerned parties and serve as conclusive proof that you have surrendered all your inheritance rights. This judicial declaration can also be submitted to any authority or used in future to avoid any claim or liability related to the property.

Q: Legal Guidance in Domestic Violence Case

My wife has taken all the gold with her and keeps denying the same in court verbally. The judge never records her statement on order sheet despite us asking for the same. I filed application under sec 91 CRPC for the same but she vaguely replied application is wrong not answering anything. The judge has not taken up my application for arguments since last 2 years and same is pending. What application can I file to be able to get her statement recorded by judge and my application for argument

Advocate Ashish Kumar answered
In your case, since your application under Section 91 Cr.P.C. has been pending for 2 years without being heard, while subsequent applications of the opposite party have been taken up, you should file a Written Application/Prayer for Early Hearing and Disposal of your pending application.You may move an application titled “Application for Taking up Pending Application for Hearing” or “Application under Section 309 Cr.P.C. read with inherent powers of the Court for Early Hearing”. In this, you should specifically mention the date of filing, its pendency period, and the fact that applications filed later by the opposite party have already been heard, which causes prejudice to your case.