Advocate Bidhayak Acharyya

Questions Answered by Advocate Bidhayak Acharyya

Q: Bailable And Non Bailable Offence

What is bailable and non bailable offence

Advocate Bidhayak Acharyya answered
To make you understand in layman's terms, bailable offences are such offences in which bail is generally granted by police on arrest whereas non-bailable offences are such offences where only the courts of competent jurisdiction have the power to grant bail. In such cases police may arrest without warrant but cannot grant bail and only competent courts may grant bail :)

Q: Married women living with another man can villagers take action

A women who has already a husband and three child but currently she is living with an another men. That women does not care our socity role so could we villegers take action according to low?

Advocate Bidhayak Acharyya answered
It's not illegal to stay with another man even if she is married. But if she marries that man during the existence of her first marriage, then such an action of the woman shall be punishable in law :)

Q: Husband and MIL skipping court hearing in case of domestic violence

Husband and MIL under bail for 498a and 307. Now dv has been filed against them but they are not appearing in d court whereas i have been attending all the dates without fault. My question is how long can they skip from attending the trial?? will warrant be issued against them if they continue to skip?? Pls guide me

Advocate Bidhayak Acharyya answered
Did your husband and mother in law receive summons from court? If yes then you may pray before the court to cancel their bail and to initially issue bailable warrant of arrest against them. They cannot avoid the process of the court under the cover of bail :)

Q: Can writ petition be filed if no action taken by local authorities

I have certain trees that are damaging my warehouse and are also creating a danger of falling over my employees. I have report to valid my issue from most of the local authorities including DFO and Circle Officer . I initiated a civil suit last year but till now there is no actual proceedings taken by the SDM and to my surprise he visited to premise on 3 months back and didn't even care to submit his inspection report till date and no further date have been issued by him. I have even written letter to him that there is a immediate need of remedy . He neither does anything nor replies to the Letter. Can I file a writ petition or there is some other solutions to solve this situation?

Advocate Bidhayak Acharyya answered
As you said that you have already filed a civil suit we need to first see all your documents related to the suit and then form an opinion as to whether a writ is maintainable at this stage. You may if you desire meet me in my chamber with prior appointment alongwith all documents to have a detailed discussion in the matter :)

Q: The spelling of the name of mother different in different certificates

The name of my mother is spelt differently in my birth certificate and in my matriculation certificate as the matriculation certificate is generally prepared as per the birth certificate...But on the other hand in my Higher secondary certificate it has been mentioned in different spelling, which is the actual spelling of her name but phonetically these two names are same in our native language..Now I want to knlw if mother name wrong in all educational certificates what problem will be done in future while applying passport,visa or studying abroad?if yes then how do I resolve this issue?

Advocate Bidhayak Acharyya answered
Get the wrongly spelt names corrected by applying to the authorities who issued you the certificates. Simultaneously, if your mother is living, then let her swear an affidavit stating her correct name on the basis of her documents. You also swear an affidavit stating that the names mentioned in all your three certificates pertain to your mother and all the three names are of one and the same person but spelt differently.