Advocate Binisa Mohanty

Questions Answered by Advocate Binisa Mohanty (25+ answers)

Q: Appeal at NCLAT for delay in case of oppression & mismanagement

hi I need to whether an appeal could be filed before nclat after a delay of 10years its a case of oppression and mismanagement.

Advocate Binisa Mohanty answered
After a delay of 10 years, appeal can be filed but NCLAT cannot entertain the same as the statutory period of filing appeal is 45 days from the date on which copy of the order is made available to the person aggrieved with a further period not exceeding 45 days if the NCLAT is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the original period of 45 days. But the NCLAT can no further entertain an appeal if it is filed exceeding 90 days.

Q: Validity of marriage to mother's first cousin

Can I marry my mother's first cousin...According to Hindu marriage act??

Advocate Binisa Mohanty answered
In law, you cannot as both of you are covered under sapinda relationship under S. 3(f) of Hindu Marriage Act. Marriage within sapinda relationship is void marriage under S. 11 of Hindu Marriage Act except when custom or usage governing each of you permits marriage between both of you.

Q: Matter of 498a is already pending then also sec 9 has been filed

If sec.ipc 498A is pending in the chief judicial magistrate court and sec.9 is registered and pending in family court before 498a then what sec.9 is Applicable ?

Advocate Binisa Mohanty answered
Both proceedings under S. 498A IPC & S. 9 HMA are independent of each other and thus, maintainable. One can only secure bail on relatively easier grounds as one can say that he had filed S. 9 and is thus interested in continuing to live with his wife. Although this ground is not absolute.

Q: Company harassing even after payment of settled amount

HI , I have paid mobile bill of telecom company of a dead account . They call me and settled on a amount which i paid but now again they start sending legal notice on my email with another name and person. what should i do . I have replied several times to thier email with proof of payment. and many times multiple persons call me and disturb my peace of mind.

Advocate Binisa Mohanty answered
Hello!Such calls are very common nowadays. Instead of further replying to such calls and legal notices, shoot a legal notice to the telecom company on your behalf demanding compensation for mental agony and harassment and further to initiate appropriate legal proceedings if the harassment continues.

Q: Court have right to pay of petitioner by selling property of accused

1.What is accused does not have money to pay even if he is proven guilty under 138. 2.If accused has some kind of property with his name..does court has legal right to pay for pitisioner by selling accused property??

Advocate Binisa Mohanty answered
Hello!With reference to the above query, the Court does not have any power to sell off the property of the accused in case of his insolvency. The accused will be awarded sentence of imprisonment for default in payment of fine.