Advocate Debasis Mitra

Questions Answered by Advocate Debasis Mitra

Q: BLRO not recording name or updating land ownership

After coming to know that our Vastu land was vested. We filed a case on civil Court which later on granted us right to title and restrained the state from disturbing us. Hence we applied to get our names recorded with the BL LRO office. BLRO refused to do it and directed us to ADM LR office and directed to get a verdict from there. ADM LR refused to recognize the Civil Court order wants to give us our own land in 99 years Lease. We do not want our own land on lease that my grandfather bought legally.What can we do next ?

Advocate Debasis Mitra answered
you should follow the procedure to file a Mis case before BL & LRO or ADM LR as stated in west bengal Land Reforms Act . If you are agreeved with the discussion of the authority concern , you can approach the WB LRTT .

Q: Cheque bounced and legal notice

Cheque bounced, my lawyer sent legal notice within 10 days from the Memo date of bounced. But by mistake he mentioned in notice 1) "to pay the amnt within 30 days instead of 15 days 2) Speed post A/D card yet not received by me but status report I collected from Postal dept. "as a Delivered" Today is 40th days of bounced. For above mistake and non availability of A/D card, does the court will admit the suite? If so, pls provide me the ph. No. Of Lawyers, specialist in cheque bounce case, practices at BARRACKPORE court, 24 Parganas (N) West Bengal.

Advocate Debasis Mitra answered
There is no difficulty if there is demand of payment within 30 days from the date of delivery of your legal notice..you have to give them 15 days time from the date of notice and after expiry of 15 days you will get 30 days for filling of your case..

Q: Question related cheque bounce case

Joint complain can be filed against the accused person? Since accused person issued to different cheque and the same is deposited in different banks?

Advocate Debasis Mitra answered
you have to file different case before magistrate Court under section 138 of Negotiable Instrument Act for dishonour of the cheque . before filing of the case you have to send notice to the accused and you have to collect the cheque return memo founder concern bank where you deposited your cheque .

Q: 498A Case didn't withdraw after mutual Divorce

We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.

Advocate Debasis Mitra answered
file an application under section 482 of CRPC before The Honorable High Court at Calcutta for quashing The Criminal Case under section 498 a after code of criminal procedure . you will annex the document where it has been mentioned that your wife will withdraw the case after getting divorce .

Q: After 1 year marriage can anyone file Divorce case

He is from asansol. Now he lives in Kolkata. He is bengali. He wants to divorce his wife, she is from jharkhand and also by caste she is bihari.In that case which court handle this divorce case??And they didn't do any registry marriage, so what kind of legal actions do they need for divorce?

Advocate Debasis Mitra answered
You need to file a petition under section 13B of Hindu Marriage Act . you may feel it before the Asansol Court or within the jurisdiction where your wife reside. it is not the matter weather outside marriage has been registered or not