Advocate Diwakar

Questions Answered by Advocate Diwakar (50+ answers)

Q: Objection raised for submission of original document of sale deed

Circle officer raised the objection for submission of orginal document for verification. Soft copy of original document already submitted on website. in the objection they have not sated that what authority is n unable to verify . This is unnecessary objection by CO. we can not present the orginal in its office because I am living out side my state. What action should I take against authority.

Advocate Diwakar answered
You may send any of your representatives to the CO with the required papers or you may lodge a case against him in Public Grievance Redressal Centre (लोक शिकायत निवारण केन्द्र). In case the CO decides the case/ matter against you, in such a situation you can file an appeal against the order/ judgement before the appellate authority.

Q: Quickly vacate occupied land without going to court

Hello,The matter is that Party 'B' bought the land from party 'A' and we bought it from 'B' but before we could register it (some issue of money), the son of party 'A' sold some part of that land to my cousin even though there is no land of piece left and my cousin built a room there, if we are asking them to vacate our land now, they are threatening to file a false case against us in court and we want to stop them from going to court and we want to resolve this matter without going to court.

Advocate Diwakar answered
You can arrange a mediation where all the concerned parties may sit together and discuss the matter. You must try to get everyone satisfied upon any common opinion, then it will be easy for you as since the registration has not been done in your favour, legally you are not the owner of that land. If any agreement/ contract has been breached by the original seller, then you can serve him a legal notice and can file a case against him for breaching the agreement/ contract.

Q: Regarding validity of a degree

I have completed a degree without registration on time at the time of giving examination I was not registered my self with university in part 1 and part 2 examination there is no registration number on my Admit card and on my 1st year marksheet and my university ordinance says no one is allowed to take examination without getting enrollment in university so should I submit such degree in government job I have another valid degree so can omit that degree is it valid

Advocate Diwakar answered
University registration is essential. Without the registration number your marksheet & certificate would not be valid. Either get them corrected by getting your registration number from university or if you are having any other degree (independent from the disputed degree) then use that one.

Q: Complaint Filed But No Action – Need Fast Legal Remedy

My client’s mother was beaten by the opposite party in the absence of my client. She has already submitted a written complaint at the police station, but no strict action has been taken yet. Complaint date - 29/11/25Please guide me on the fastest legal steps to ensure she gets justice as soon as possible — including FIR registration, medical examination (MLC), possible IPC sections, and how to push the police for timely action.What is the quickest and most effective legal remedy in this situation?

Advocate Diwakar answered
You must talk to the SP of the concerned district for lodging the FIR, upon his direction the concerned Police Station would definitely lodge the case. Second option is approaching to the Civil Court by filing Complaint Case but that is a bit time taking process. Third option is that you can file a criminal writ petition before the Hon'ble High Court.

Q: Maintenance awarded in Anticipatory bail order and 125 Crpc

The Patna HC has given me Anticipatory bail in 498A case on the following conditions:(1) Petitioner would depositmaintenance amount of Rs.5000 per month to wife. (2) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connectedproceedings.In 125 crpc, interim mntnc of Rs.8000 is ordered over and above the AB maintenance. My question is whether the amount paid as per AB condition will be considered part of 125 crpc maintenance or not?

Advocate Diwakar answered
It seems you have not disclosed before the Hon'ble Patna High Court that the Opposite Party has already brought a case of maintenance u/s 125 Cr. P. C. and there the competent court has already directed you to pay the interim maintenance of Rs. 8000/- per month to the Opposite Party. See, the maintenance amount decided by the Hon'ble Patna High Court cannot be considered here a part of the maintenance u/s 125 Cr. P. C. because the court without getting the knowledge of previous interim maintenance order, has passed a new order and in this situation you will have to pay both the maintenance amount (8000+5000=13000)to the Opposite Party, if you will not pay that, it will be contempt to court. I'll suggest you to file a modification of the bail order before the Hon'ble Patna High Court. If the bail order was passed recently then your Advocate may raise this issue by merely filing a mention slip and praying the Hon'ble Bench to put your decided case under heading 'to be mentioned', if the court agrees, it will strike off the payment of maintenance part, otherwise 'Modification' is the next best option available to you.