Advocate Gitanju Suraj

Questions Answered by Advocate Gitanju Suraj

Q: Legal Notice due to Cheque bounced

Dear Sir,I was a rural distributor of a company for district-Saharsa Bihar.I have suffered a lot due to covid-19.A lot of money was lost in the market due to which I was not able to pay the company on time.And still I am unable to pay the company.Some of my money is also deposited with the company in the form of credit notes.I have already sent 2-3 emails to the company to solve this issue but nothing happed.I have paid the company 2-3 times in between.For the remaining payment,send an email asking for time till March 31, 2022. But the company did not respond and deposited my security check in the bank. The check bounced due to insufficient money in my bank account.Now the company has sent a legal notice.The notice has asked to pay the payment within 15 days.Talking about going to legal proceedings if payment is not paid.My business is at a low level due to which I am not in a position to pay the company yet.What should I do now so that I get a few months to make the payment?

Advocate Gitanju Suraj answered
nothing just reply to the notice and ask for few months... otherwise wait for the complaint ti be filed and congnizance to be taken...appear before the court and get a bail and request the court to decide the installment and month foe payment

Q: Mere pati mujhe maarta hai.. mai talak lena chahti hun.a

Talak lene ka procedure kya h.. ye mujhe jana hai.Jamin jaydad me hissa kitna milega agr talak lete h.Mere do bacche h baache mere pass he rahega na..uska kya procedure h

Advocate Gitanju Suraj answered
talak ke liye court me case file karna hoga...agar husband ready hai to mutual divorce yani dono mil k divorce file karenge aur agar nahi ready hain to..uske khilaf karenge aur usko notice bhijwayenge..zameen aur jaydad me hissa tabhi milega jab pati mar jayenge...talak k baad pati patni ka rishta khatam ho jata hai..isliye koi claim nahi banta zameen jaidad me..bachhe ko apne pas rakhne ke liye mutual divorce ke case me..apas me ek sulahnama banake custody le sakte hai..nahi to court me case karke custody claim karenge wo bhi tab jab pati bachhe ka custody mang rahe hon...talak k baad maintenance claim kar sakte hai....chuki har situation par alag salahhota hai...aap mujhe call karke milke samajh sakte hai

Q: Is it possible to club two session case in one for same FIR under 302

My grandfather's brother and his three sons together killed my father by bricks while sleeping in night 2 Am .My grandmother saw all accused while killing. FIR reported by police against all 4 accused under 302. Police arrested two accused in the beginning 21 November 2019 under IPC 302. and further process happend..and session case opened and trial going on .5 witness except police and doctor in my family given his statement in session court and cross examined by defence lawyer . And after six month ,on 22 September 2020 the another two accused surrendered in the court and session case opened after 1 year on 22 September 2021. So all 5 witnesses again have to give his same statement in court for another session case? Is it not possible to club two session case in one because we have reported one FIR only. My family worried about this thing which is said by my advocate again have to give statement in court... Need your guidancePlease help .

Advocate Gitanju Suraj answered
After lodging og FIR as only two accused were arrested and others absconded....keeping the investigation pending was nit worth for justice and hence tge record was splitted..so that proceedings against arrested accused could proceed...now as the other two accused have been surrendered..the proceedings of that record shall be proceeded..in this circumstances..as tge stages of both the cases are different clubbing would hamper the trial and delay the case...both the cases to bring at similar stage of proceeding...

Q: Regarding delay in retirement benefits

Legal advice for court case against govt office in delay in payment of retirement benefits and family pension.

Advocate Gitanju Suraj answered
If you have been deprived of retirement benefits etc. firstly file a represebtation before the concerned officials of government and thereafter file a writ petition before high court seeking the relief of grant of retirement benefits etc.

Q: Implement the judgement or file SLP in the supreme court

Respected sir I was I constable in cisf due to my training period I get injured which is attributable to government service , I became disable and my training wasn't complete then , my medical report is that I m fit for sedentary duty but not fit for training , same welfare reports say , but my service was terminated with out any medical benefits , then I filled a writ petition which I won , then department filed a review petition which is dismissed by the division bench , my question is that department will implement the judgement or file SLP in supreme court , and what was the chance of grants SLP

Advocate Gitanju Suraj answered
As they have right to file SLP, they can...it is completely upon them to decide whether to assail the order or to comply the order.... there is a huge process to grant Special leave...firstly he had to the SLP admitted which is only possible on the ground of legal issues not heard/overlooked by the high court