Advocate Dishant Rishi

Questions Answered by Advocate Dishant Rishi

Q: Disposition of RC of veh incase booked under 337,338

My veh met with an accident a year ago and case was registered under 337, 338. The rc of the vehicle in with court. Is there any role that the vehicle can't be sold till the time case is closed? It's there any provision that I can get back my rc?

Advocate Dishant Rishi answered
When the police seize the vehicle for the purpose of investigation or an inquiry and file a case, the owner can file a case under section 451 CrPC to get back the vehicle during the proceedings. The Trial Court can pass orders for custody or disposal of vehicles during inquiry or trial. This process takes about 2-3 days. Surety bonds are also required to be submitted.

Q: Court Case In High Court but appellant has given fake information

There is a case against a recruitment in High Court. Some applicants have filed a case for claiming marks for experience in Private schools whereas the advertisement gives marks only for government school experience. But when we saw their case file, they have falsely claimed that they have not been called for Documents Verification whereas they were called for Document verification and they have even appeared for the same. If we bring this fact on front of High Court, can Court dismiss ther case

Advocate Dishant Rishi answered
Yes, The Highcourt can dismiss the case but for that a reply is required to be filed before the Hon’ble High Court. After the arguments, the court has to decide both parties contentions and then finally pass an order. The writ petition is always of urgent nature and gets decided at the earliest by the High courts.

Q: Child care , child studies , sharing of house hold responsibility

My wife is working and does not stay most of the days in house , she neither fulfill any household responsibilities nor fake care of child , neither she contributes to household expenses not child expenses , can I file case

Advocate Dishant Rishi answered
Yes, you can file case of Divorce only. No one can ask court to make someone do the basic work related to home. You can file a Divorce case in your District court / family court u/s 13 Hindu marriage Act, on the basis of cruelty. You can also send legal notice to her and for the child custody also case can be filed before magistrates etc.

Q: Insurance claim for total loss car on loan

Two months have passed of my total loss accident. I have not informed the rto till now. Now what?

Advocate Dishant Rishi answered
The first thing which is to be done is to inform the police and then you should have written an email to the insurance company. The RTO is not much required to be informed because in future if you filed any case against the insurance company for not providing you with the claim, then to prove that the car belonged to you than you would require a witness to be summoned in the RTO office

Q: Change of DOB in 10 Certificate - Year 2008-09

Hello SIr, My name is Leelanand. My cousin need to change her DOB in her 10 Certificate from 1992 to 1993 (In State of Haryana). DOB in her birth certificate is 1993. Her passed out year is 2009. Now we resides in Hyderabad, Telangana. I need to know the procedure and required advise. And please tell me where i have to file the suit if required.

Advocate Dishant Rishi answered
You don’t need to file any kind of case. You need to write to the principal to provide you with the allowance of the change in the date of birth in the certificate and that you were a student in that particular school. After you receive a letter back from your principal, You will have to write to the Haryana State board or CBSE etc That the particular date of birth is to be changed and also you have to provide the original birth certificate and sometimes an affidavit is also required to be submitted.