Advocate B. Srikiran

Questions Answered by Advocate B. Srikiran

Q: Charge sheet u/s 498 A wrongly filed hence want to remove my name how to remove name from charge she

Hi All, During the investigation under 498A , police deleted my name and same i could see from the orders came from superintendent of police. but with the charge sheet, not sure why they added me as A6 with the list. Now my query is , 1 .can police remove name from chargesheet by filing memo? 2.what is the best option , a. discharge application at district court or b. Quash at high court. My objective is, there is no evidence against me, i want to get out this case ASAP. Please advise Thanks

Advocate B. Srikiran answered
Dear,The best option for you is to go for discharge first in the same court i.e., in the same magistrate court where 498A is pending before framing of charges. If the trial court doesn't discharge you, then file quash petition in the High Court for quashing the proceedings against you in the trial court, the reason being that if you approach High Court first for quashing and the High Court dismisses your quash petition, the trial court may dismiss the discharge petition as the High Court dismissed your petition on merits and it cannot overrule the decision of the High Court.

Q: How much time does it typically take for the restoration of a dismissed case?

How much time does it typically take for the restoration of a dismissed civil case? Can a lawyer send a notice to the opposite party if the case is not restored in court?

Advocate B. Srikiran answered
Dear,After dismissal of a civil case, it is 30 days of time period to restore the same. No. A lawyer cannot send a notice to the defendant when a case is in the dismissed state. First, the case has to be restored and when after restoration, the defendant is not appearing before the court, the lawyer can send a notice to the defendant to secure his/her presence in the court.

Q: What is the meaning of pre-admission in the context of the High Court? Could you also explain the me

I filed a case through a letter in June 2017, which was treated as a PIL. Initially, the case was shown as pending, but now it is listed as pending (pre-admission). Could you please explain the meaning of 'pre-admission' in the High Court? Additionally, what does 'pre-admission' mean in High Court in Marathi and what is a pre-admission notice?

Advocate B. Srikiran answered
Dear,Pending (Pre admission) means, the registrar of the court may not have passed your PIL for admission in the court. There can be issues with your PIL viz., format, technical irregularities etc. Contact the Registrar (Judiciary) of the court and know the reasons of such delay and upon knowing the reasons, comply with the same and get the PIL admitted.

Q: How to rectify wrong survey number ?

Legal Civil dispute, I purchased land from a developer in 2011 and he purchased it from the original owner in 2008 and the survey number in the both the sale deeds is entered wrongly, the original owner had land under three Survey Numbers and instead of one survey number the other is entered wrongly, how to correct survey number in registration document. The boundaries are correct in the both sale deeds and I am in possession, do I need both the original owner and the developer to get the rectification done or what is the process?

Advocate B. Srikiran answered
Dear,The wrong entry of the survey no in the Sale Deed can be rectified by you and the developer jointly by executing a supplementary document called Rectification Deed. A Rectification Deed is a document executed between parties to correct mistakes. In case the Sale Deed is registered, the Rectification Deed should also be registered. The requisite stamp duty and registration charges towards the Rectification Deed should be paid as per the laws in force in the state. Visit the concerned sub registrars office along with the developer and register the rectification deed after paying the requisite stamp duty and registration charges.

Q: What does it mean by case status: call with IAS ?

what does call with ias means in court ? my case present status call with ias. call with ias 22times repeating showing this word

Advocate B. Srikiran answered
"Call with IAs" means that there are Interim Applications (IAs) pending in your current court case. These applications are filed during the main case to request temporary relief, like a stay order or an injunction, before the final decision.

So, when your case status shows "Call with IAS", it means the court is calling both parties for a hearing specifically to deal with these Interim Applications. Once the court hears and decides on them, it can move forward with the main case.

You may be required to attend the hearing and argue on the pending IAs. It’s important to discuss the details with your advocate, as they can explain what relief has been asked for and how to proceed.