Advocate Deepak Mishra

Questions Answered by Advocate Deepak Mishra

Q: Job possibilities after having registered FIR

I have a FIR registered under section 409 & 420 and fired from a temporary government job, i want to know that can i appear in another government job's exam and if selected will it be possible for me to join the same?

Advocate Deepak Mishra answered
You can appear but your appointment shall be subject to the outcome of the FIR and its prosecution. You can ..….9425018324

Q: Can a public servant pass order without obtaining approval

In case an 'Order' is issued by any Public Servant without obtaining requisite appropriate approval, as mandated by Authorised Manuals for such activity, will; 1) Such an Order be considered as faulty and defective. 2) Can any action be taken on the basis of such an Order 3) In case such an Order is challenged in the court of law will that Order be termed as bad in law. Elaboration of the Query: For example say a multi member Executive Committee in a public sector organization is the appropriate authority to terminate a contract. In case the termination order is issued on the basis of approval by an individual officer of a lower rank who is not even a member of such authorized executive committee what will be the status of such termination order with respect to the 3 queries raised above.

Advocate Deepak Mishra answered
Yes, if any order is passed without having any authority, the same is bad in law, inoperative and always challangable before the Court law. Also, the officer who passed the order, is liable to be prosecuted of a departmental enquiry.

Q: Procedure to retire and also to add a partner in partnership firm

I would like to retire one partner and add other partner in partnership firm having currently 2 partners. on how much stamp paper this should be made and also in case of loss of original deed (photocopy available) what should be done to have other copy of original deed

Advocate Deepak Mishra answered
Stamp duty defers state to state. You are requested to kindly let us know the name of state where you executed the partnership deed. First you have to execute a deed for retirement of the partner and then deed for adding the new partner ..

Q: Can the hearing of different cases be scheduled on the same day

Meri patni apni man marji se apne mayke chali gayi thi aur aane ko taiyar nahi thi tab maine usko rakhne ke liye( HMA act section 9 ) lagaya to Meri patni ne mujh par 498a, gharelu hinsa aur ipc 125 mantinance ke jhunthe case laga Diye hai. Lekin in cases ki tarikhen 15-15 din ki lag rahi hai is hisaab se ek mahine me 7-8 tarikhen lag jati hai. But mujhe yah problem hai ki mai Delhi me ek private company me 8000 rupay me kaam karta hun jis Karan se mai case fight nahi kar pa Raha hun. Kyonki Delhi se 500km door har mahine me 3-4 baar tarikhon me Jana padta hai, jisse samay ka, rupay ka aur naukari se nikaale jaane ki pareshani hoti hai. Mujhe koi upay batayen ki in 3-4 cases ki sunwai ek hi tareekh par kaise karayi Jaye .

Advocate Deepak Mishra answered
You please contact your lawyer suggesting to get hearing date on specified date only. Your lawyer has to convey your pain and inconvenience to the Court. Also your lawyer may inform the court about your poor financial conditions.

Q: Is it possible to ask refund for the days I have not stayed in hostel

I took admission in NIT Jamshedpur for MSc course ( academic year 2017-18) but within one month of the starting of the classes, I got an opportunity to get admitted into Hyderabad Central university ( the entrance exams & counseling process for both the institutes are different ). So, I left NIT Jamshedpur and after much request, they have refunded just the Caution money. I wish to get the refund of my - i) academic fee ( with some deduction, of course ) ; ii) my hostel security fee ; iii) my hostel fee ( after deduction as per my number of days of stay ) . Please suggest if it is legally possible, and if yes, what route should I take ? Thanks.

Advocate Deepak Mishra answered
It depends upon the rules framed by the Institute. Also, You may not have a right to get refund of academic fee except caution money, because you occupied a seat and thereafter vacant due to which the Institute has to make an exercis of new admission or probably they may not get.