Advocate Hasrat Khan Pathan

Questions Answered by Advocate Hasrat Khan Pathan

Q: Name on the notice board for buying property

After marriage I have not change my surname and still have maiden name on all documents. I and my husband are planning to buy a property and planning to keep my name first on agreement. So in such scenario on agreement it will display as Priya mahesh singh alies Priya pawan sharma. however on the notice board what will it display Priya mahesh singh or Priya pawan sharma?

Advocate Hasrat Khan Pathan answered
Since all your documents show your name as priya mahesh singh, therefore your name in this agreement should also be as priya mahesh singh. the id proofs which you provide at the time of agreement must be the same as the name in your notice board.

Q: Quashing of this case is posible if yes please guide.

By profession i m journalist, three years ago I publish one news article against a call center running person. He didn' gave salary to his office staff. After publishing news instead of him, one another person came to my office and started using bad words At that moment i grab him and took him to the police station in my friend car. Now the main thing is that Our local police station is in west but i took him in east police station. The Police officer didnt entertain both of us and just took one NC which was also not that much powerfull. After that two days later i got a call from local police station west side. The above person gave Kidnaping case there and from that that I abscond to apply for bail. Before applying for bail police arrested me from different state. Later on i got bail from court. its almost 3 years gone, now i want to finish that case. The charge sheet is in the court. I took mobile and camera by fileOMA.They charged me for Extortion, Kidnaping. Can i quash this case?

Advocate Hasrat Khan Pathan answered
Possibility of Quashing of this FIR and Chargesheet is very low as almost 3 years have past and Chargesheet is also filed. Failure in quashing your FIR may affect your trial as well because observation of the High Court can go against you. You can file a discharge application in the trial court to prove your innocence.

Q: payment related issue raised by employer

A notice has been served by a lawyer on behalf of the employer. The only signatory of the notice is of the lawyer and not the employer, does this make it a valid notice legally?

Advocate Hasrat Khan Pathan answered
A lawyer sends the notice on behalf of the client. As a lawyer he is authorized to sign and send notices on behalf of the person who gives an authority to represent him, therefore therefore a notice sent by your employer through a lawyer and signed by a lawyer is legally valid.

Q: Notice period in rental agreement

My rent agreement says either party has the option to terminate this agreement by giving 1 month prior notice in writing. My rent payment cycle starts on 1st of every month .I contacted my landlord on 1st of Oct and informed him that I want to vacate the flat.in additio I messaged him on whatsapp on second of Oct as well, By Oct third I couriered him the notice letter explaining that I'm going to vacate the house within 1 month (the house will be vacated untill 31 of Oct) . Accordingly I have paid him the current rent for Oct .Now he is insisting that I have to pay him rent for the next month also (full rent of Nov), because he states that he has received the couriered notice on his hand Oct 11 and he believes that one month notice will be executed from the date when he collects the letter from postman.Hence the I have to pay the full rent for Nov as the the date of received letter is Nov 11.Please let me know your views.Regards

Advocate Hasrat Khan Pathan answered
I hope you must have mentioned in your notice about the verbal communication and whatsapp message that you had done with your landlord. All that matters is the content of the notice which you had sent. The notice period starts from the first day of knowledge, which is from 1st of October.

Q: How to Obtain Charge sheet from court?

Person is on Anticipatory Bail and Investigating officer informed him that his charge sheet is filed a week back and he should ask his advocate to obtain the same from court.IO also informed that he will call the accused/person in the upcoming week to hand over him a charge sheet copy and get acknowledgement from him. Accused/person wants to see the charge sheet filed now and cannot wait for IO to call him which IO might take a week or two. Also, accused/person wants to apply for a private court copy wherein the court should not give the dates. As he had heard/read that asking certified court copy will result in getting court date and start of trial.How to get this process done to get private charge sheet copy from court ? what should be the first step ?

Advocate Hasrat Khan Pathan answered
Copy of chargesheet is provided free of cost to the accused by the prosecution. A third party copy application can be made to obtain a certified copy as well. Answer to your question is that you can obtain a certified copy of the chargesheet by making a third party copy application.