Advocate Kajal Bhatia

Questions Answered by Advocate Kajal Bhatia

Q: Anticipatory bail provision in delhi understanding

Hi,Pls confirm if person can apply for anticipatory bail on the basis of complaint without registeration of FIR for protection purpose. If police has right to registered FIR without evidence.

Advocate Kajal Bhatia answered
Dear Sir/Ma'am,1) Anyone can lodge an FIR, it's just an information that doesn't require evidence to record it. So, Police can register an FIR without evidence.2) Anticipatory bail (S. 438) can be applied even before registration of FIR, provided there is a real apprehension of arrest on accusation of having committed a non-bailable offense.Hope this clarifies your query. You can call me for further clarification.ThankyouRegards,Kajal BhatiaAdvocateSupreme Court of India

Q: Amicus curiae to petitioner in person in supreme court

My case has been listed in supreme court. After interaction with Registrars court, offered me an amicus curiae as I'm pleading as Petitioner in person.My case has been listed in supreme court on urgent basis, so far no lawyer engaged to me, Checked with section officer, and told court will order for amicus curiae. My question here, can't they engage a lawyer to me before the first appearance?My case is listed for fresh admission. What is the Supreme Court process in the admission the petition.

Advocate Kajal Bhatia answered
Dear Sir,When you file an SLP in Supreme Court, there are 2 stages:1) Admission Stage2) After Admission, Notice Stage1) In Admission Stage, your case will either be admitted and the other party will be served a Notice or it will be disposed off if the Judge finds that there are no merits in the case.2) If the Petition is admitted, the other party will be served a Notice and he/she will appear on the Next date and arguments will be advanced.You can call me for further clarifications.ThankyouRegards,Kajal BhatiaAdvocate Supreme Court of India

Q: Special Leave Petition

Even If I Go For The Cheapest How Much Will It Cost Me To File A SLP In Supreme Court Including Lawyer Fees Amd Everything?I Have Lost Case In HC In Single And Double Bench And Also Not Given Certificate Of Fitness By HC.What Are My Chances Of Getting My SLP Accepted In Supreme Court?

Advocate Kajal Bhatia answered
Dear Sir/Ma'am,The fees of the case will depend on the type of case, Civil or Criminal. In Criminal Cases, there are no court fees while in Civil cases there is. Also, the fees can be discussed after going your case.Sir/ma'am, don't be disheartened if you have lost your case in HC as there may be no. of factors of not getting a favorable order. I will be able to help you out only after going through your entire case.Regards,Kajal BhatiaAdvocateSupreme Court

Q: Receiving Calls from CAW, Rani Bagh, Delhi

My mother, a 68 year old lady, has received calls from CAW, Rani bagh, Delhi that she and me (daughter) has to appear before CAW as complaint has been filed by brothers wife against us. They are not telling us what the complaint is about.... they are asking us to just appear before them. For your information, My brother and his wife are living seperately from last 3years and are constantly demanding property and money from us.

Advocate Kajal Bhatia answered
Dear Ma'am,The complainant (your brother's wife) must have given a false report against you and your mother. The CAW Cells do not take suo moto action unless a complaint is registered in their Cell in writing. After the complaint given by your brother's wife, they must have taken note of the alleged complaint and have called you for clarification of the same. The aim of CAW Cells is to settle the matter by conciliation. Therefore, it is advisable for you to go to the CAW Cell and check the reason why have they called you. The reason of not telling you on phone may be, that they want to settle the matter face to face by conciliation or they want to keep confidential on phone.You may go ahead without any worries and you may call/text/email me for further clarification.Hope this solves your query.Regards,Kajal BhatiaAdvocateSupreme Court

Q: Different DOB in Passport and other certificates

My DOB is correct in my passport as 6th June 1994 but it is incorrect in CBSE certificate as 6th April 1994. Moreover my other documents like Aadhar Card, Voter card is based on CBSE certificate . How can I get corrected my DOB as it is in my passport?

Advocate Kajal Bhatia answered
Dear Client,DOB is the most essential element in any document. FOR CHANGES IN CBSE CERTIFICATE AND RELEVANT DOCUMENTS:Generally, no change in the date of birth once recorded in the Board's records shall be made. But a Request for correction in Date of Birth shall be forwarded by the Head of the School along with attested Photostat copies of :(a) application for admission of the candidate to the School;(b) a portion of the page of admission and withdrawal register where the entry in date of birth has been made; and(c) the School Leaving Certificate of the previous school submitted at the time of admission.NOTE: The application for correction in date of birth shall be entertained by the Board only within one year of the date of declaration of result.No correction whatsoever shall be made on the application submitted after the said period of one year.FOR CHANGES IN AADHAR:If at the time of enrolling of Aadhaar your date of birth is not mentioned correctly, then you can visit your nearest enrolment centre. But you need to get DOB changed in your 10th mark sheet first.FOR CHANGES IN PASSPORT:After the 2015 guidelines, the process has been made simpler for seeking changes in Date of Birth in existing passport.1) If you were a major (above 21 years of age for boys and 18 years of girls) when your first passport with an incorrect date was issued, then it can be corrected within 5 years of issuance.2) If you were a minor (below 21 years of age for boys and 18 years of girls) when your first passport with an incorrect date was issued, then it can be corrected at any time.REQUIREMENT: Only a genuine birth certificate issued by a competent authority should be accepted as a proof of age for correction.Hope this solves your query.You can call or msg for further clarification.Regards,Kajal BhatiaAdvocateSupreme Court