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-2015 how to define and challenge What is the meaning of Section 506r/w34 ipc?

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: How does one obtain bail in an attempt to murder case? Are murderers eligible for bail in India?

My younger brother was traveling from Bangalore to Bhubaneswar on 12th April. He was traveling with a joint ticket of 7 people. Near Tirupati, when the TTI came for ticket inspection, my brother was sleeping. The other 6 people had a heated conversation with the TTI about the ticket issue. Subsequently, those 6 people assaulted the TTI and fled the train. The police have arrested my brother at the next station, where he was still sleeping. They have charged him with attempt to murder and dacoity. Please help me. How can I secure bail for my brother? Tirupati is far from Bhubaneswar, and we are facing various issues.

Advocate Durga Prasad answered
You have to apply for bail application mere beating does not attract the provisions of attempt to murder, might have charged under other sections such as voulantaruly causing grevious hurt or hurt along with dacoity probably. For which you have to ascertain the section under which your brother was arrested. And basing on that section you can move a bail application and the same may be disposed in 5-6 days

Q: Validity of Sale Agreement and When it Gets Expired

Dear Sir, I have made sale agreement with the seller for buying plot.Sale agreement was made on 17th June with paying 15 Lakhs advance through bank transfer.clauses was mentioned as sale agreemnt will cancel automatic if purchaser fails to complete registration with in one month with paying of balance amount.Purchaser fails to pay the balance amount with in the perios mentioned above this agreement shall stand cancelled,null and void the advance amount is not refunded.If this agreement is cancelled the seller shall be entitled to sell the schedule property to any other prospective purchaser.ow it is the fourth month from the agreement date &I asked seller to register property by taking balance amount.But he is not accepting to register & not accepting to return advance amount. Note : Registration was delayed due to legal department from bank asked to make the rectification of the Seller deed due to registration year typed wrong & NOC submitted to buyer on 30th august 2019.what happens if a sale agreement expires ?

Advocate Durga Prasad answered
you send a legal notice through an advocate. expressing your intention to get the registration in your favour also mention that you are ready to pay the balance sale consideration.. you mention that since long time you have been orally requesting to register the document . but the vendor is intentionally avoiding... moreover as the sale agreement is not registered you can take advantage.

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