Advocate Drishti Malhotra

Questions Answered by Advocate Drishti Malhotra

Q: Attending A Court Hearing For Personal Loan Default Case

Do I need to attend or to be present in a court hearing for personal loan default, if I hired a lawyer for the same. This is my 4-5 hearing for loan case in district court of Dwarka and in several hearings it was got unattended due to covid issue. In the coming days I would be having my next hearing and I need to know that if I have hired a lawyer already for the same , so I need to be present in the court room for the same

Advocate Drishti Malhotra answered
In civil matters like these you do not need to be present at court at each and every hearing. Personal presence is required only when specifically asked by the court in case to statements or at the time of evidence.

Q: How Prove If Person Denied To Send Gmail In My Mail Id

I received a mail in my gmail id from a person .But the person refuseing for the same mail .How I prove or received a confirmation from gmail.(google).

Advocate Drishti Malhotra answered
Electronic Mails once sent are always in record and a copy/screenshot of the are sufficient to establish receiving the same. Hence, to prove that the mail had been sent by that person in court you have to just take a print out/screenshot of that email received by you to prove

Q: Dead declaration certificate in case of missing person more then 7 yea

Documents required for declaration of death of a missing person ti get the right of legal heir

Advocate Drishti Malhotra answered
You must have exhausted all the options for finding the missing person such as police complaints, inquiries from blood relatives, friends and advertisement in the newspaper.While filing a suit in the civil court for the declaration of death all the documents and newspaper clippings, proof of efforts taken to trace the missing person and an affidavit from close blood relatives stating the entire issue till the date of filing of a suit is to be attached with the suit.Once the court has declared the missing person to be dead, the same shall be submitted and recorded in the death register of the Municipal/Taluk office of the area. Then a death certificate will be issued of the person declared to be dead by the civil court.The death certificate can then be used in dealing with the movable and immovable properties for the purposes of inheritance or sale, etc.

Q: Quashing Of Criminal Case Through Joint Affidavit

FIR was filed in Ghaziabad, had taken stay from Allahabad High court. High court sent for mediation as it arise out of family dispute and divorce case. Settlement done after sometime, all cases in each other were taken back by parties. Question is, how to quash FIR. 1. Will FIR/case be quashed by Allahabad high court if we file joint affidavit that cases are resolved. 2. Can affidavit be made in Delhi and file in Allahabad high court. 3. What are point to take care to make it quash. Thanks a ton.

Advocate Drishti Malhotra answered
1. An FIR is quashed after filing a petition for FIR quashing along with the terms of settlement and alongwith affidavit of the complainant. 2. Yes, the affidavit can be made in Delhi and filed at Allahabad 3. The petition should include a copy of FIR, terms of settlement/compromise and the order of divorce. Further, you have to ensure that it included proper grounds for quashing of the FIR.