Advocate David Varghese Thomas

Questions Answered by Advocate David Varghese Thomas (25+ answers)

Q: Credibility Of Encumbrance Certificate

Will an Encumbrance Certificate show if a loan against the property has been taken from a Non-Banking Financial Company /Any other kind of companies?

Advocate David Varghese Thomas answered
No. An Encumbrance Certificate (EC) will reflect only registered encumbrances, and in the context of loans, it typically shows only a registered (Gehan) mortgage.A Gehan mortgag, being a mortgage created through a registered instrument, would appear in the EC. However, this form of mortgage is largely obsolete today. It was more commonly used prior to the introduction and widespread enforcement of the SARFAESI Act, 2002.In present practice, most loans availed from banks or NBFCs are secured through equitable mortgages (deposit of title deeds), which do not require registration and therefore do not get reflected in the EC.Accordingly, an EC will not reliably show whether a loan has been taken from an NBFC or other financial institution unless it involves a registered mortgage (which is now uncommon).

Q: If any one commit in just one offence then police send him 126 bns n

I have only one case 4 kilo gancha case then why send me 126 bns... Is it legaly allowed. Or not..

Advocate David Varghese Thomas answered
Sorry, your questions seems very vague and the provision that you have stated i.e 126 BNS seems incorrect. Please elaborate or feel free to reach out to me via call for a better understanding of the predicament to help you navigate this issue better.

Q: my father and sister together stolen my gold without my knowledge

what is the legal side of applying for a complaints

Advocate David Varghese Thomas answered
The recommended course of action if you have evidence to substantiate your claims is to approach the police station and give a detailed account of the events so that a case for theft will be registered. Since the allegations are against family the Police officers will, in all likelihood conduct a preliminary investigations before registering an FIR, make sure you collect a receipt on giving the Complaint. After taking statements from your Father and Sister, if the officers are not convinced then an FIR will be registered against them. If not you can consult a lawyer who can help you file a Pvt Complaint before a Magistrate and thereby give a direction to register an FIR by the Police.

Q: Was caught with small quantity of marijuana

Yesterday my brother who had just turned 18 was caught with marijuana by the police and they charged the case , they said that since he had no previous record they charged him with a minor case and said he will be called to the court and he had to pay a fine of 10000rs , what is the legal consequences it , how will this affect his future, will be able gp abroad for studied will it be problem , will this be problem for his higher studies or to get a job

Advocate David Varghese Thomas answered
The payment of fine is an admission of guilt and is akin to Conviction by court of law. The fine paid is in lieu of imprisonment. A conviction can cause hindrance in getting a Government Job due to a conviction record, but since the case is disposed off, your brother would probably not have difficulty in obtaining passport. However depending on the country there might be visa regulations by way of which visa could be denied due to the conviction in his records. Further even in case the visa is obtained this aspect would affect in obtaining PR and Citizenship, then again this depends on the Country to which your brother is intending to migrate to. with respect to getting employment small startups and companies usually do not do a detailed background search but MNC's do. That should answer your query

Q: 498A ,IPC section 323 , section 31 in DV matter

1. Can be quashed before high court / can be stayed2. No eye witness in this case 3. Medical reports are patient appeared self, conscious, oriented,mild bruise4.x'tian

Advocate David Varghese Thomas answered
The likelyhood of quashing a matter by the Honourable High Court on merits is very low especially if there is a would certificate by the defacto complainant. The Medical Reports in order to be proved to have been self inflicted can only be done by way of evidence and hence the court would most likely not entertain such a petition. Nevertheless if a bare persual of the Medical Report shows that wond is self inflicted there is a chance. Sharing the Medial Report and the registered FIR could help in giving a more conclusive legal opinion.