Advocate Kapil Totla

Questions Answered by Advocate Kapil Totla

Q: How to prove statement given in court wrong of false lending money

In legal notice and case filed by the complainant asserted that he arranged to lend construction materials. However, during CE he stated that he did not arrange to lend construction materials to the accused,but he given loan to RS .2 lac. He also didn't produce any docs except return cheque memo, bounced cheque, Legal notice, and receipt which was received by unknown person. No any docs like bank account details, agreement, ITR, any bill attached by the complainant. Pls help, if any case laws available and what should I do. Already convicted by the trail court. Appeal filed in session court.

Advocate Kapil Totla answered
firstly you have share cross examination copy of complainant.And also share CE & cross examination of you and your witness if any.In a judgment Hon"ble supreme court in K Subramani K VS Damodara Naidu "On a consideration of entire oral and documentary evidence the trial court came to the conclusion that the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed to prove that there is legally recoverable debt ".So as per this judgment complainant have prove his version but it is also necessary that your advocate had done cross examination on income point.

Q: False charges for rape on me and my brother

Sir, I did not do anything with the girl. I nd my brother met her in a public area and we did not touch her, but we are allegedly charged 376. How I can prove innocent my self ..and what about medical because medical can prove us innocent. What should I do now? If the police arrest us, how much time after court can grant us bail. what is the process for this?

Advocate Kapil Totla answered
Firstly you have obtained the copy of FIR & 164 crpc evidence.Then give a detail representation to investigation officer.Then you can file anticipatory bail Under section 438 criminal procedure code.AA

Q: What will be the court fee to file appeal in specific performance case

I have filed a suite for specific performance of execution of sale of land and has paid 5 percent in adj court. The final decree has refused to grant me specific performance but has allowed me to recover my amount from defendant with interest. I want to appeal the decision in high court. Will I have to pay court fees again? And will the court fees paid in lower court will be refunded to me? Also what options do I have as the defendant will not return my money and court has not given any time limit.

Advocate Kapil Totla answered
Yes You have to paid court fee again in High Court . You have filed execution petition for recover money according to decree.But if you want to go in high court for specific performance then you don't file the execution petition.