Advocate Bhavishya Mehra

Questions Answered by Advocate Bhavishya Mehra

Q: District judge modifying the order under section 34 Arbitration Act

After setting aside the arbitration award under NH act 1956, should the district judge make/modify the award himself? Most judges are remanding back to the commissioner (arbitrator) . Please advis

Advocate Bhavishya Mehra answered
Hi,Setting aside order is by the court where you had filed the application of setting aside. So DJ is in full right to modify the order. If the award is passed by the arbitrator and DJ is modifying then he has no power. Here he can pass a decree of setting aside and remand it back to the arbitrator for changes. DJ has no power. To do it. If he does so then u can challenge his order to appellate court.

Q: Non-profitable project in India for selling water in schools

Hello. I would like to know what are the requirements for selling water in Delhi, especially if the water is non-packaged. Also because we are working on a non-profitable project (we want to provide cheap and clean water in a school), i would be interested in knowing if there is any specific regulation?

Advocate Bhavishya Mehra answered
Your company should be registered with registrar of company. ISI and ISO licence and BSI licence, you require to sell water bottles in delhi. Small scale industries registrationISI certification from Bureau of Indian Standards (BIS)Pollution control certificateWater test report from an authorized laboratory of raw waterPest control certificationCertificates from chemist, microbiologistRegistration of trademarkDocuments related to ownership of land/lease of land for setting up the plantMemorandum of association of companies/partnership deed, if applicable.And registered with registrar company as a trading company in new delhi under companies act, 2013.I will love to work with you on this project.for any helpcontact Bhavishya Mehra9873707118

Q: How to deal with delay in results by university

Sir staff selection commission has issued notification for chsl 2015 examination in April 2015 so they conducted exam in Nov Dec 2015 and after great delay they issued result in July 2016 after that they decided to conduct tier 2 of same examination in sept 2016 and declare the result of same in Dec 2016 they conducted typing that is tier 3 from Feb to march 2017 now some candidates file case against ssc for not checking their tier 2 copies for various reasons and now ssc has said that they will not issue result until all case against ssc is resolved now after almost 2 years they are deliberately doing that holding result they are pushing the future of 40000 students for 10 students plz guide us what to do what is next step plz sir

Advocate Bhavishya Mehra answered
Hi,As you said SSC it declare the result and some students have filed the petition against SSC for same. You clearify from them what reason they have provided for not declaring and asked them to file an application for declaring of result of those students which they have checked. If you don't then u have to wait for judgement. Kindly do this as early as possible.

Q: Father killed by police special staff custody. What to do?

my father was killed by delhi police special staff custody in1995 we fights as per law only 11 police mens are now bihind thd bars fof lifd timd but torcher not end here special staff is regularly harresing us from last 22 years now they make a fake fir and they took my mother with them in case of 420/34 i dont understand why this special staff is agaisnt us i have all the leagal documents that my momther an we are innocent but tommorow my bail was rejected from mm court i realy dont understand what should i do if they want us dead then now be are do broken we will die we are just 2 sisters this humilation is crossing limmit what is our fault that we falaw law??

Advocate Bhavishya Mehra answered
First of all talk to your lawyer. If this happening to you regularly then write a letter to law minister of your state and file a complaint against those police officer if you have any proof. If your advocate is not doing anything then change it.

Q: What is the difference between section 299 and 300 of IPC

What is the difference between section 299 and 300 of IPC

Advocate Bhavishya Mehra answered
Section 299 and Section 300 IPC deals with the definition of culpable homicide and murder respectively. Section 299 defines culpable homicide as the act of causing death; (i) with the intention of causing death or (ii) with the intention of causing such bodily injury as is likely to cause death or (iii) with the knowledge that such act is likely to cause death. Section 300 IPC, however, deals with murder although there is no clear definition of murder provided in Section 300 IPC. It has been repeatedly held by this Court that culpable homicide is the genus and murder is species and that all murders are culpable homicide but not vice versa. Section 300 IPC further provides for the exceptions which will constitute culpable homicide not amounting to murder and punishable under Section 304. When and if there is intent and knowledge then the same would be a case of Section 304 Part I and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of Section 304 Part II. The aforesaid distinction between an act amounting to murder and an act not amounting to murder has been brought out in the numerous decisions of this Court.