Advocate Hamza Prince

Questions Answered by Advocate Hamza Prince (25+ answers)

Q: Name Surname Order Mismatch In 10th/12th certificate and Aadhaar Card

My name in 10th/12th marksheet is "Kumar Vinay" and in aadhar card it is "Vinay Kumar" and all others documents has name as same as aadhar. I am facing a lot of issues in document verification. What should i do now? should i change my name in aadhar card and all documents?

Advocate Hamza Prince answered
YOU CAN CALL US ON THIS NUMBER TO GET A DETAILED INFORMATION OR YOU CAN VISIT OUR OFFICE ADDRESS... Chamber no 4 Srinagar High Court ... we will not exactly satisfy you with the details.... may be you have to ask some. other related things for that you have to go for another query that is very hectic

Q: Non-conduct of recruitment in JKAPD for a decade

It is respectfully submitted that no recruitment has been conducted in the Agriculture Production Department (JKAPD) for the last 10 years, despite vacancies arising due to retirements. Kindly advise whether this prolonged non-recruitment can be legally challenged before CAT and what remedies are available for eligible candidates.We are agri graduates and waiting for Recruitment.

Advocate Hamza Prince answered
A candidate doesn't have any vested right to claim filling up of posts and the said decision is a discretion vested unto the employer, who has to keep various aspects in mind. However, there are certain Rules and Government circulars providing for timely filling up of posts by departments and a case should be filed by the aspirants on the basis of such Rules. There is a possibility of a beneficial order from CAT.

Q: filing of ammendment / addition in prayers earlier sought from a tr

Plz tell us as to whether is there any provision in law to file an application for ammendment in an earlierly filed application in terms of prayers sought from a tribunal / court and within how much period it can be done?

Advocate Hamza Prince answered
Yes, you can file an application seeking permission of the Court to amend your pleading. The amendment should be one as to be necessary to decide the actual controvery between the parties. Courts usually allow amendments at any stage unless in some specific cases, e.g. the amendment is to cause undue delay without any justification or when it changes the nature of the case itself or when it tries to brings about a time barred cause of action.

Q: Cheque Bounce Case – Liability for Loan Taken in My Name

The accused requested me to take a loan in my name, promising to repay within 4 months and bear all EMIs. I transferred the full loan amount to him. EMIs were deducted from my salary. In 2 years, he paid about ₹1,00,000 irregularly and ₹35,000 toward principal. He later issued cheques of ₹3,30,000, which were dishonoured. He is fully responsible for repayment.

Advocate Hamza Prince answered
Yes, he definitely is responsible. You need to follow the timelines prescribed for the steps to be taken now, so that you can file a formal complaint under Section 138 of Negotiable Instruments Act. The steps include procuring a memo for dishonour of cheque from the Bank and serving a legal notice of demand upon the accused within the stipulated time frames.

Q: My first wife was expired in 2011 after giving birth to a ba

My first wife was expired in 2011 after giving birth to a baby girl. Now i am applying for change of mothers name in birth certificate. what is the process and is adoption deed required in that case.

Advocate Hamza Prince answered
I don't see a reason as to why you should desire to do that. I would suggest to retain the original information in the records of the child, which is factually and legally correct. Demise of her mother wouldn't adversely affect her in any manner.If you decide to go ahead in any case, then formal adoption by the step mother is required. A simple deed wouldn't suffice. The adoption is required to be made according to the mandate of JJ Act.