Advocate Hetvi Sancheti

Questions Answered by Advocate Hetvi Sancheti

Q: Timeline for drafting new partnership deed on death of partner

We have partnership firm with 4 partners. 2 partners have recently died dt 26-04-21 and 05-05-2021. Do we need to draft new partnership deed on 6th may or we need to draft on 27th april. Can i mention due to hospitalization and lockdown we could draft deed for intervening 9 day period between 2 deaths. Is there is legal dispute of we mention both deaths in one deed itself. Pls help.

Advocate Hetvi Sancheti answered
Since there are already two partners living partnership can continue under the same deed. There is no time line prescribed for drafting a new deed. You only need a new deed if new partners are to be added.

Q: VALIDITY OF GOVERNMENT PANCH JUBANI

Validity of government panch jubani . Sirs, At the trial PW(govt) in Acb case , refused to support Panchnama and stated at the trial court what actually happened at the time of trap and also denyed the demand of money by accused person ,and also stated that the accused person was not came at the trap place but the complainant ride him at the place and complaintant hand over money to his blood relation brother .Now is the question that may court convict accused person on ground of complaintant JUBANI ? Whereas Panch not supported complaintant.

Advocate Hetvi Sancheti answered
Sir there are cases where still the conviction can come. However it depends on what the complainant and tlo- trap laying officer says. Recovery discovery was there of the money or not from the person of the accused ??

Q: an authority can check my personal phone without my presence?

An authority has taken my personal phone and laptop and my family members phone on the basis that they got a complaint from someone unknown that there is some unauthorised IT GADGET in my house, they searched my home and everything thing and have taken pictures of my house when my father was not in house. He was admitted in hospital and we have not talked to him that day. They have taken our phones and laptop for checking on Friday and they said they will give us on Monday or Tuesday. What legal action I can take against them? Please tell me sir.

Advocate Hetvi Sancheti answered
They cannot do it. File a complaint with the immediate seniors of such authorities. Some thing seems fishy regarding the entire thing. You must report the matter to the police. Otherwise it may get too late

Q: False cheque bounce case against me

I have given post dated cheques amounting to 50 lacs for goods as advance. However, the same has not been received hence i have not paid to party. But party have deposited the same cheques and send legal notice. I have not replied the notice as i dont have much knowledge in such area. Now court have passed order to deposit 20% of amount i.e. 10 Lacs. I have no money to deposit the same. What should i do? Party has done a clear fraud and have no evidence that he have supplied goods.

Advocate Hetvi Sancheti answered
You must challenge this in this order jn the high court of Gujarat. Also you must file a criminal complaint against the seller. Otherwise you will be in deep trouble. You can also file for quashing in the high court.

Q: Indian Penal Code section 380

If settlement is going on than how to save from it

Advocate Hetvi Sancheti answered
It can be easily be done. Pls contact personally. Also it will depend on what is the offence. A complainant can always back out from the settlement based on the number of things like not complying with terms of settlement or that settlement was under coercion.