Advocate Asit Kumar Roy

Questions Answered by Advocate Asit Kumar Roy

Q: Seeking advice in case of FIR IPC 420 registered on Govt servant

Sir/Madam, I am a central govt employee and joind service in 2013 and due to a property dispute I haven been lodged an FIR IPC 420 in 2014. However, I have not been called for any enquiry. I have neen sent a notice and reply if which I have submitted in my concerned Police station. I have not informed my deptf so far. Now I am about to switch my job through technical resignation on the same level I am working in central govt. Should I inform my deptt about this case? Will any problem in swiching my job on account of this FIR? Kindly advice what should I do

Advocate Asit Kumar Roy answered
Dear Sir, There is no need of taking permission to register any FIR against any public servant if the offense is not committed on duty and/or a part of duty. No reply is asked by police for registering FIR except recording disclosure statement. For inquiry purpose sometimes Notice U/s 160 can be issued, which is not mandatory. The accused has only option, take an anticipatory Bail. 420 IPC is compoundable. Quashing petition can be filed. Without going through the FIR and case file you cannot get proper advise. Your case seems to be a case of Civil Nature. Law is technical and lawyers find those loop-holes.

Q: What is the right and laibility of a Director after his resignation

A company had a shareholding of 50.01% and 49.99%, with an equal board representation with two directors each, in which I was the Director nominated by the shareholders having 50.01%. Further, the same shareholders sold their share and I also resigned at the same time. Now, I have come to know that the other shareholders, who had 49.99% shareholding in the company, have alleged some allegations on me, basis a report, which was never given to me to defend/clarify myself. So, Can I file a defamatory petition against other shareholders along with the auditors?

Advocate Asit Kumar Roy answered
Dear Sir,Before giving resignation, you must take NOC and/or clearance from the company/co-director.Now counter attack will be the best defense. Find the loop holes.Without knowing the nature of your case in detail, it would be difficult to give any legal advice.

Q: Family is threatening and forcefully married. What to do?

My friend has been trapped into some situation where he was forced to marry else threatened to kill the family and unfortunately he married Is there anyway that he could get out of all this mess and what are the chances that he could get divorce?

Advocate Asit Kumar Roy answered
your question:My friend has been trapped into some situation where he was forced to marry else threatened to kill the family and unfortunately he married Is there anyway that he could get out of all this mess and what are the chances that he could get divorce?ResponseChallenge the marriage U/s 11 HMA or may get divorce after 1 year of marriage.

Q: Can husband contest the case if wife withdraws the complaints, advise

M Hindu by faith, wife file complaint in 2013, in section 125 for maintainance in family court and dv act in mm court yet not any interim passed only WS, rejoinder filed no evidence done, 25 Jan 17 she withdrawal her complaints uncontestedly? Which I know after 2 days on date of hearing. 1. But I want to contest it is it possible if yes which section applies? 2. Can I file revision, review, perjury, defamation, harassment cases and under which sections? 3. Can I file perjury in one court together, if there is no boundation to file separately in same family and mm court

Advocate Asit Kumar Roy answered
Can husband contest the case if wife withdraws the complaints, adviseREPLY:No. not in 125 Cr.P.C. or revision, review. May find another legal remedies.There are some advise, can't give in such easy way.

Q: Is there a need for succession certificate for shares value of 2lakhs

AS PER SEBI GUIDLIES LETTER OF SUCESSION IS REQUIRED FOR SHARES VALUED OVER 2 LACS

Advocate Asit Kumar Roy answered
File petition for Succession certificate in a particular format under Indian Succession Act before District Court with detail of claim/properties. after proceeding, you have to pay court fee as per decree.