Advocate Durga Prasad

Questions Answered by Advocate Durga Prasad

Q: ipc section 506 r/w 34 ipc and section 3(1)(r)(s).3(2)(va) of SC&ST PO

IPC section 506 r/w 34 IPC & section 3(1)(r)(s).3(2)(va) of SC&ST (POA) amendment Act-2015how to define and challenge

Advocate Durga Prasad answered
it's depends on the case facts and incriminating Material available against you. the witnesses cited in charge sheet etc. without studying the case papers no Advocate can suggest...if you also belong to SC or ST community them go for quash before the concern High court by submitting your caste certificate.

Q: I want divorce from my wife but she not ready.

I have completed of 2 years marriage life. In this 2 years she torturing me mentally. Not accepting my parents & she is playing double games. She is not accepting for kids. So she maintaining distance most of the times. More over she don't like this marriage. She informed to her parents before marriage even her relatives n parents forcefully marriage her. For every small things she was commiting a suicide. So I don't want to my life with her. I want peaceful life. I have lot of responsibilities she is not supporting for that responsibilities.

Advocate Durga Prasad answered
dear brother all the Laws are in favour of women, you have right to file a petition seeking divorce, but for that both have to live part for atleast one year. if she is also interested in obtaining divorce then both of you mutually file a petition seeking divorce.. if she is not interest in divorce and if you file for the same, you may not suceed and moreover she may file complaint under dowry harrasment, petition seeking monthly maintenance and may also file DVC.. if you are not interested in involving such litigation..... try to change her... or change yourselves

Q: cheque bouncing case for money lent three years back

A person owes me Rs. 13 lakh. Given cheque is about to be bounced. He has no means to pay. His late father's house for his four children is available. Mother is also no more. Can his share in the house property be attached? The property has not been devided so far.

Advocate Durga Prasad answered
if you obatin promissory note from that person , then you can file civil suit for attachment of property . but such attachment cannot be affected easily. this can be used to threaten the family members to secure our debt. But if a cheque is bounced, it's a criminal liability and penal provisions shall attract. we cannot obtain attachment by filing a complaint for the offenec of dishonor of cheque .. But after trail if the court aprt from punishment , grants compenaation. then basing on such judgement you can try for attachment.

Q: Can I get permission from the municipal authority for my 2 nd floor.

I have constructed a house in karimnagar town by taking permission G+ 1 floors only from the Municipal Corporation karimnagar, telangana. The house measuring 1780 sy. Feets. But I have constructed g + 2 floors. Now, one cell tower was also erected on my 2 nd floor. Tower authority also get permission. But the colony people were filed complaint before the Municipal Authority karimnagar for taking action on my 2nd floor as I have get only g + 1 permission. They have no problem with my building but they black mailing me to cancel the agreement with cell Tower authority. Can I get permission from the municipal authority for my 2 nd floor. Any court orders in this regarding. Please furnish.

Advocate Durga Prasad answered
if your municipality is having the provision of BPS scheme ( building penalising scheme ) opt for that.. else you approach the court and obatin injunction order / stay order then no body can obstruct

Q: i dont know where is my land. but i know only suvery number..

sirat 10 years old my father change village.. my grand father have some land at own village. 1 yr back i check details at meebhomi website by my grand father name. now i check at same website by survey number the owner name is change. without my signature how did he get my grand father land. now my age is 20 i am major. please help me how get my land..... only i know survey number i dont have any documents for it.

Advocate Durga Prasad answered
are you having any documents for your land.. if .. yes you make an application to remove the name of that person in revenue records. also apply under RTI Act, the proof of documents submitted before MRO to change the name in records ... apply for land survey before the madal surveyor or village panchyath surveyor. after you accumulate all the data you have file a suit befoe the court.