Advocate Hemanta Kumar Das

Questions Answered by Advocate Hemanta Kumar Das (100+ answers)

Q: Suppression of vital docs /info by Howrah PS & non cooperation from PP

After the theft incident on 18.06.2023 night, FIR was regd. on 19.06.2023 at 19-30 hrs. Charge sheet against the accused filed on 18.07.2023. Now trial has started in the trial court.Witnesses are being summoned by APP of trial court. APP has also obtained case diary from police which is incomplete & insufficient. police has not sent the complete set of docs they received during investigation.After knowing this complainant is requesting APP to get remaining docs from police. APP not doing it.

Advocate Hemanta Kumar Das answered
APP knows his job. But if you are not satisfied with the steps taken by the APP then you can always approach him with your suggestions or quarry and also you can hire your own advocate to place the case from your side before the court at the time of trial. Thank you.

Q: Sale of Property by Power Holder of a General Power of Attorney (GPA)

Sir,I am about to buy a residential plot from sellers who have rights to sell the plot through GPA from the actual owner. The GPA is registered at the ADSR office. It is also mentioned in the GPA that the sellers can receive payments to be transferred to the owner. They have also be given the power to register the property in the name of the owner at the office of the Registrar after the payments are received.Can I buy property from those sellers i.e. the power holders of the GPA?

Advocate Hemanta Kumar Das answered
you have to check the authenticity of the property and it's documents as well as the POA before buying the property. This kind of power is valid but only if it is genuine. Searching of the property is a must. Thank you.

Q: BL&LRO is not willing to do correction of land Records

After retirement from army my let grandfather got a 6 bigha land from government with document as patta. After his death my father and uncle cultivating such land but in the year of 2010 few local antisocial added their name in online record under our plot no and tried to grab such land by force. After that we filled case to high court where verdict was given to our favour and it's instructed to the BL&LRO To correct the records with In 6 month, but after several applications they are not respon

Advocate Hemanta Kumar Das answered
if there is any specific direction upon BL&LRO BY THE High Court and he failed to do so then you can file contempt before the High Court or if your prayer has been rejected with reasoned order then you have to challenge such order before ADMLRO of your district concerned. Thank you.

Q: Ex Parte Case & Getting Long Date. Next Date is in Holiday.

I have an Execution Case & Presently it’s an Ex Parte Case.I got Long Date for my Case. My Lawyer Court that, my Case is an Ex Parte Case give short date for that.But every time got Long Date & Next Date is in Holiday.What can I do for these problems?

Advocate Hemanta Kumar Das answered
You can challenge the order before the High Court by filling a Civil Revision application. The high court will direct the Ld Judge to expedite the case pending before the court below with direction to give a short and effective date. Thank you...

Q: Rejoining Public Sector Bank in Officer Position

I had worked as an officer in a PSB bank from 2016-2019. In 2019, due to my father's aggravated health issues, applied for temporary request transfer, but was refused. Was forced to return home to take care of my father. In 2020, went through a nasty divorce. Due to merger was sent new offer letter and replied positively. To date, didnt get any answer from bank regarding re-joining and filed a writ. Now they issue me a chargesheet for absence since 2019. Do I have a chance to get back my job?

Advocate Hemanta Kumar Das answered
What is the subject matter and present status of the Writ Petition? You have to challenge the Charg sheet before the appropriate court of law. For being absent you re joining cannot be held back but for that you have to take appropriate legal recourse. For further advice your documents are required to be gone through in detail. Thank you.