Advocate Bhakti Prasad Pattanaik

Questions Answered by Advocate Bhakti Prasad Pattanaik

Q: Wants to know eligibility for OBC non creamy layer

Sir, both of you my parents works as primary teacher in odisha state government. Their annual income exceeds 8 lakh per year though they are not class-1 and class-2 employees. My doubt is that am i eligible for obc ncl or not??

Advocate Bhakti Prasad Pattanaik answered
In category for creamy layer among OBC's one criteria z "person having gross annual income of more than Rs. 2.5 lakhs or possessing wealth above the exemption limit " will be excluded from quota benefits. So u r not eligible.

Q: Query pertaining to my father’s share in grandfather‘s property

My grandfather has 2 sons. When my father was 12 years old at that time my grandfather will all property to my elder father (elder brother of my father). 30 years later at the time of family separation my father came to know all property were belong to my elder father (elder brother of my father). My grandfather got these property from his father i.e. (my father’s grandfather). Now my question is can we get my father’s share if we go to court for civil suit as it was my great grandfather’s property. Please suggest I need to do. I am belonging to Hindu family.

Advocate Bhakti Prasad Pattanaik answered
yes it has valid ground to challenge it b4 court. Ancestral property can not be gratified by one. u shd move to court as soon as possible. there may be a challenge of limitation from opposite party bt u mention from ur date of knowledge was recent date.

Q: company presented my security cheque and which is bounced

I have been doing business with a company since 5 years, But last year the material supplied by them was of bad quality for which i had a great losses. when i informed them by mail, they apologize and conform me that they will exchange the material over phone, But after six month they did not settle the issue so i stopped doing business with them at that time i have to give some tread payable. I asked them to do the damage settlement so that i can clear dues. But after six month they intentionally filled my security blank cheque which was given to them 3 years back to a account which i am not doing any transaction since 2 year. Now they have send me a notice that the cheque which i have given to them on 18/09/2017 was dishonored pay the amount within 7 days or they will take legal action against me, suggest me what i will do shall i pay the amount to avoid case or is there any chance to teach them a lesson.

Advocate Bhakti Prasad Pattanaik answered
give a para wise reply in writing to their notice. mention specifically that chq was 4 security purpose & of 3 yrs back. mention about damaged goods & their version on mail to settle the issue which has not been complied by them

Q: Legal procedure if the bail application rejected by session court

quesHow to proceed with a bail application rejected by sessions court My relative has been charged with sec 420, 467, 468, 471, 506,294 under lPC 1860 act, FIR is written on 28/9/17 and he is presently under 1 day in police custody and then case is court forwarded the next day and he is in jail till now. His bail application for consideration before session court bhadrak is due shortly. Many are suggesting that getting bail at session court is very dim. In case his bail application is rejected, what will be better course of action either to move high court or tendering fresh bail application in session court. How much time it is likely to take and what are the chances that high court will grant bail on aforesaid sections.

Advocate Bhakti Prasad Pattanaik answered
No problem. come to me with the dismissal order from session court along with FIR copy I can try for bail at high court. I hope u will get the bail most probably from high court. Chances are 99%. 1% is luck. so best of luck

Q: To Know Bail Application Fee Against The Given Charges As Shown Below.

How Much Bail application fee will be needed if we go for high court appeal? My relative has been charged with sec 420, 467, 468, 471, 506,294 under lPC 1860 act, FIR is written on 28/9/17 and he is presently under 1 day in police custody and then case is court forwarded the next day and he is in jail till now and if we wait for the session court it would be better or not and when the hearing date will come in the session court??

Advocate Bhakti Prasad Pattanaik answered
No fixed charges for charges. rather the potential of the lawyer determines his fees . do u feel jail is a place of enjoyment? apply for bail as soon as possible by hiring a good lawyer. otherwise the person will be frustrated.