Advocate Dhanashree V.

Questions Answered by Advocate Dhanashree V.

Q: Can slight difference in signature cause a cheque bounce

Hi, i want to know whether i can put a case against the cheque bounce case under negotiable act 138 when the cheque is returned with reason signature difference

Advocate Dhanashree V. answered
The answer is “yes”. In a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied.

Q: How many days can a person get bail if he was caught with 700gms weed

Hai ma friend got arrest at Feb 3 nite vith 700grms weed and thy hv filed fir on Feb 4th he has already appeared in court once on Feb 5 we hv applied for bail so n how mny days we cn expect bail can u tell us

Advocate Dhanashree V. answered
Its depends on case presentation in court but as per The Narcotic Drugs and Psychotropic Substances Act, 1985, 700gms is not a small amount of drugs. Its purely depends on your lawyer how they apply for bail, it may take 2 to 6 months.

Q: Is it compulsory to give alimony in mutual divorce cases

Hi, My wife is earning a good salary, we got married for 2 years, since she is not adjusted to our family nature, she is living separately and herself has applied for mutual divorce, now she is demanding marriage expenses to be refunded, is this valid ?, What if if she asks for alimony, does alimony is valid for mutual divorce cases?

Advocate Dhanashree V. answered
In most cases, the wife gets 20-35 per cent of a husband's net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married

Q: Can bail be obtained for case charged u/s 302 of IPC

When it is best to apply for bail to those who are arrested in sec 302 case ? What is the tricky way to get a bail very soon ?

Advocate Dhanashree V. answered
Hi you can apply for a bail as soon as an FIR is filed. s court. ifFirst apply for bail in session it is rejected then go to the high court. if there is a good lawyer on your side, he can get the bail in Crime under section 302 is a non-bailable offence; mostly lower courts are avoiding giving bail for under trail accused. After rejecting once bail in lower court accused need to apply in the high court.Bail in cases of non-bailable offences after submitting charge sheet in the court and maximum detention time depend on producing facts, circumstances, skill and bond with sureties & monetary obligation in the high court subsequently in upper courts

Q: Legal action against rape & threatening by guy and his sister

I was raped in Bangalore during my visit in Oct 2014 and was threatened with dire consequences by the guy and his sister. I am above 55 years old and unable to live with myself. Coming from a very conservative back ground I was very afraid. I need justice how do I go about it. I am extremely depressed. I don't live in Bangalore and going there is very costly. Can I fight for justice in my home town. I don't have any proof as they made sure that they destroyed everything. The man and woman are powerful people. Can I get justice?

Advocate Dhanashree V. answered
Yes, You can file the case wherever you are staying but before filing make sure you have valid reason to provide court why the case filling after 4 to 5 years,.i mean incident has happend in 2014 but case is getting filled in 2018.