Advocate Hemant Sharma

Questions Answered by Advocate Hemant Sharma

Q: Remedies against incorrect JDA order dismantling construction

I am constructing a house on a technical Approved colony in jaipur where 90 percent houses have already constructed Since patta is not given by jaipur development authority but in their technical approved plan they have given set backs of plots I have applied for patta and deposited money of conversion but no response given by jda after that on complaint of my neighbor jda said I am constructing house as per jda bye laws Neighborer went to jda tribunal I also counter but on the basis of size of my plot i e more 500 meters tribunel ordered for dismantling my construction While as per jda Apporved scheme my plot size is lesser than 500 meters But this fact was not given by lawyers in the court What should I do now?

Advocate Hemant Sharma answered
If the substantial fact which affects the entire merit of the case, has not been put before tribunal then certainly by filing the appeal this very fact could be raised at appellate forum or the same could be raised by filing the writ petition before Hon'ble High Court bench Jaipur and Interim order against the order of dismantling of the house must be obtained immediately.

Q: Contempt of court against party not present in the contended order

Sir mere padosh me do pososhi me civil court me ek case chal rha tha. Us me court me stay ka.. order h.. ek pososhi ne hum pe or dusre padoshi pe court of contempt ka case kr diya h.. jb ki hum us case me party nhi h.. na hi hume pta tha... or usne jutha case kiya vha koi kaam nhi kiy fir bhi.. isme hum kya kr skte h..plz advise me..

Advocate Hemant Sharma answered
No..there is no any contemp of Court since the contemners are not party to the proceedings or if are parties in the proceedings but the service has not been made to them.....then certainly, no question of contempt of court under any law.... Because, willful, Deliberate and knowing disobey of the court order, Constitute Contempt of court and if party to proceedings has not been communicated the court order...No question of Contempt of Court...

Q: Someone send a legal notice but no actions taken after that

I RECEIVE A LEGAL NOTICE IN SEP 2014 BY A COMPANY..BUT AFTER THAT NO INFORMATION I HAVE WHAT COMPANY DO....CAN THAT COMPANY DO ANY THING AGAINST ME/....NOW...

Advocate Hemant Sharma answered
You have not mentioned as to the nature of legal notice sent to you. So far as receiving of notice is concern, if the same has properly been received by you then very perpose of sending the same has been fulfilled and sender is always free to take all actions mentioned in the notice after the expiry of the period noted in the legal notice.

Q: Legal remedy against father in law refusing to give back sthridhan

A husband is seeking divorce from his wife on some false grounds. Farther in law has retained all the stri dhan (ornaments and cash) . How to get the same?

Advocate Hemant Sharma answered
Retaining stridhan without the consent of the Woman would come within purview of criminal breach of Trust which is an offence under section 406 IPC and Father in law or any person of doing so could be booked for the same accordingly and likewise if woman is harrased by prosecuting her on baseless Ground for getting divorce, is a Firm ground for Cruelty and a person accused of the same, could be booked under section 498A IPC.

Q: Bank mentioned cheque as not issued in the system

I presented my fixed deposit repayment warrant cheque in my saving account. the Drawer bank has return the warrant unpaid stating that "Cheque not issued in the System". What can I do now. How can I take action against the company under section 138 of NI act or any other action against the cheque issuer.

Advocate Hemant Sharma answered
Certainly...the Act of Drawer Banks comes within purview of offence under section 138 NI Act as the Cheon question was issues against in discharge of liability arose just to satisfy the fixed deposit amount and if the cheque is issued contrary to the adopted system then the Act of the would certainly be booked for offence under section 138 N I Act