Advocate Ayur Jain

Questions Answered by Advocate Ayur Jain

Q: Criminal revision against conviction in cheque bounce case us 138

can criminal revision can be filled in MPHC for conviction in cheque bounce case if the compromise has been reached between the parties . or is it mandatory to surrender. Can it be quashed under section 482 crpc after conviction has been recorded if the compromise has been reached

Advocate Ayur Jain answered
criminal revision can be filed with an application for exemption from surrender on account of compromise. in this manner you can get relief from the High Court . the application for exemption from surrender would be an application 482 of criminal procedure code and the criminal revision would be under section 397 of code of criminal procedure.

Q: How to recover the money for non-payment of the invoice

I am  from nagda,Ujjain Madhya Pradesh our registered proprietorship is Shri Sai saw mill I sale a product to jodhpur party and how to recover the amount please provide me procedure.

Advocate Ayur Jain answered
If the person from whom, you want to recover money is a company and the amount involved is not disputed, you can file a case before National Company Law Tribunal, Ahmedabad, since the jurisdiction of MP is in Ahmedabad. Whereas, the person from whom, you wish to recover money is an individual/partnership firm, you can file a civil case before civil court in Ujjain.

Q: Action as builder's construction is bad & against what was ordered

I purchased a land in Talawali Chanda,in Shrinath city and the builder said he will construct the entire township by himself,so leaving no option I too allowed him for the construction but a month later I saw people are constructing by their own. 2)In this heat/hot summer we are not properly supplied water and electricity... 3)According to him ,he was to construct the ceiling of POP walls in hall and kitchen but only hall area 4) again he was suppose to build 2 a/c port but only one... 5) Right from the first,I am not given any photo copy, that I signed on documents, including ready position... These are main issues... so please help me. Being an NORTH EASTERN lady,I know no one here...

Advocate Ayur Jain answered
You can file a case against the builder in the Real Estate Regulatory Authority. I would need more details of the builder and his other whereabouts for registering the case. RERA cases are the most quick and appropriate remedy for builder buyer cases.

Q: What are the consequences if builder of township declared insolvent

builder become insolvent of my flat in township does bank will occupied the whole project inaspect of his company loan??

Advocate Ayur Jain answered
There are judgements of the Supreme Court, which says that the interest of all stakeholders are to be protected. Like Chitra Sharma filed a case against JP Infra for protection of interest of consumers (flat owners). you can also file an objection before NCLT.

Q: Legal remedy against false blame of changing death certificate

My son who is working in gram panchayat blamed that death certificate scanned by him. Police is searching him (IPC 420,467,468,470 )while he has not done so. Death certificate issued by formal Secretary .anticipetary bail dismissed by H.C.then what should be done.

Advocate Ayur Jain answered
You can move an anticipatory bail in the Supreme Court or else you can surrender before the trial court and thereafter can move a regular bail application under Section 439 before the trial court itself. If the trial court dismisses your application, you can then move to the High Court again.