Advocate Krishnakant Pandey

Questions Answered by Advocate Krishnakant Pandey

Q: Received notice even after paying 1 m salary

I resigned from Company A on 1st Aug without serving the notice period of 1 month. However, after my resignation they did not release my salary for July. As per employment contract, I was supposed to serve 1 month notice period or give 1 month salary. Now even though they have not released the payment of 1 month, they are harrasing me by sending legal notice stating to join back immediately or to pay 1 m salary. What should I do? What sort of harm can this notice cause me?

Advocate Krishnakant Pandey answered
If you not willing to join again that company so that you reply them to adjust July month of your salary in lieu of one month notice period. Your salary already they are holding against your notice period so that there is no question of further harm in case your July month salary is not sufficient to one months notice period then you are liable to pay the differential amount.

Q: Anticipatory Bail from 308,498

I want bail against IPC 308,498 but my lawyer is telling me that police isn't submitted FIR in court so I can't do anything

Advocate Krishnakant Pandey answered
You can file anticipatory bail application for protection from the arrest before the session judge court. In response to that state will file there submission whether they have registered FIR or not in case they have registered FIR then you push for bail order otherwise pray to court for pre intimation of the FIR in case it will be lodge by police so that can you move before session court for interim protection in thismatter.

Q: Wife cheated multiple times. Want to apply for a mutual consnt divorce

I am 36 with a 7 Y/O son. I used to observe my wife's unusual behavior and I happened to record her while she was speaking with someone on phone. I confronted and she agreed that she was being involved. This is time 2nd time I have caught her and now want to move on(the first time, I came across song recordings of her and some intimate messages saved in notes on her phone).Are these proofs valid? I am asking her for a mutual consent divorce. Will she have a right to ask for alimony?

Advocate Krishnakant Pandey answered
Mutual consent divorce is depend upon both parties understanding. If both parties are agreed for separation without disputing then it’s easy for mutual consent divorce. Depends your wife may ask for alimony.

Q: Criminal procedure code 1973 section 256

Plaintiff is dead in covidWhat will be with the concerned case?

Advocate Krishnakant Pandey answered
No abetment by parties death if right to sue survive. It is about abatement of the suit by the parties if any of them dies during the pandency of the suit. On the death of plaintiff his survivor such as heirs or legal representative can lead the suit. If any case where right to does not survive the suit will come to an end.

Q: Quashing of FIR, Pendency of Discharge Application and time frame

What is the normal time within which a chargesheet can be quashed. How much time Bombay High Court would take to get the FIR quashed i am also looking for a legal representative to take ahead my case for getting the FIR/Chargesheet quashed.The case is of 2017, we had filed discharge application in 2019. So far there is no development in the discharge application. On each hearing date, either the judge is on leave or he is busy with special drive or remand work. We had filed written argument

Advocate Krishnakant Pandey answered
Now a days there is heavy load on daily board before Hon’ble high court so that no one can predict when your FIR can be quashed. It’s depend upon listing of your cases. Otherwise you mentioned your case for priority listing before the bench.