Advocate Karan Khanna

Questions Answered by Advocate Karan Khanna

Q: How to get my money back in a buy-back scheme if developer is denying

Hi , I have invested in the property where the developer & myself have executed BUY-Back agreement on 100 INR Stamp paper. After the agreement period now developer is not repaying the invested money + ROI on the investment . I have been following more than 6 month with developer but there is no response on my invested money reimbursement . The property is also not registered in RERA. How shall i have to go with the developer to recovery my money plus interest as per agreement . Please advice Regards

Advocate Karan Khanna answered
One of the options available would be Civil Recovery in Civil Court Civil Recovery may prove to be slow depending upon the jurisdiction it falls within. Court fees would be payable (proportionate to the money prayed for), thus on the side, please check for pending suits against the same builder in Consumer and Company Courts. Get your self impleaded in similar suits.

Q: Can a false witness be punished under law

Sir mujhe ye puchna hai ki agar koi local commission ke samne gavae deta hai .or fhir baad Mai mana kr deta hai to ky uske oper koi case laag skta hai ..pls reply me fast....

Advocate Karan Khanna answered
Complete Details not provided, however: Please Note: Not appearing / recalling statement is not equal to "false evidence"Please see Section 191 of Indian Penal Code: Section 191 in The Indian Penal Code 191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or be­lieves to be false or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this sec­tion, whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

Q: Validity of employment contract in regard to registered office

I have signed an Employment contract with the company which is working in residential area and have a registered office at commercial area, and office address mentioned in the contract is of registered office,,,,obviously it would be.....but will the contract be considered void as i am working in the office which is made at their home place....its an KPO.

Advocate Karan Khanna answered
It will be important to read the terms and conditions of the actual Contract before providing any legal advise. The nature / structure of the Company (Public / private / proprietorship / partnership) and the scope of employment as provided for in the Contract need to be looked into specifically. As a general principle however, a registered Company will not be able to shy away from its responsibilities / obligations under a contract based only on difference in addresses provided in a Contract.