Advocate Kunal Anand

Questions Answered by Advocate Kunal Anand

Q: Complaint against mental and sexual harassment at workplace

Hi , there is a boy in my office in Delhi government working as LDC. Initially everything was good I think he is nice person and shared my personal problems with him. Then he proposed me and sent some vulgar messaged and porn photos. Now he started blackmailing me. And regularly he sent some porn photos to me via whatsapp.He also posted some photos to the office whatsgroup also and then said it happen by mistake. Its his nature to do these things actually. He thinks nobody can do nothing. Because of some family problems I don’t file a complaint with police or department openly. I want to complain via sending an email to CM and heads of the department I have some screen shots of the porn photos se send to me . Please advise may I send such email with proof to Cm and other authorizes.

Advocate Kunal Anand answered
According to the guidelines issued by the Delhi Police, a women has the privilege of lodging a complaint via email if for some reason she can not go to the police station . she can send written complaint though an email to senior police officer of the level of commissioner of police so you can send a mail to the senior police officer with all proofs. they will take necessary action as soon as possible.

Q: Husband and his family harassing want to file for divorce

I want to apply for divorce due to problem btw me n husband. So my family as house arrested me.. And for every ten days they r changing my place. They keep always door locked n keep keys wit them. How to file a complaint n come out of the house. I want to stay in hostel with my daughter n my husband is threatening me tat he ll nt allow me to stay n hostel n he ll create a problem in front of hostel n he says that law ll my allow u to stay in hostel as husband is alive

Advocate Kunal Anand answered
Firstly you file a complaint to nearest police station for domestic violence and wrongful restrain which is punishable in indain penal code.you can also file the complaint in women cell for the same. after you get protection from your husband and family you can go for divorce.For further guidance come me with proper evidence.

Q: Can the court reject the case if it is filed after 2 years

hye, can a court condone the delay after 2 years from date of cause of action if i served a notice to the doctor within that period and filthe case after 2 year in medical negligence case thanks

Advocate Kunal Anand answered
Yes you can file a c complaint with your concerned police station against the said act of negligence by the hospital and treating doctor. But you have to prove it that how the act of negligence was done at their part. And why you take so much time to act on the issue As the general rule you may approach to appropriate consumer forum to file your claim against the act of negligence done by the doctor with in the period of 2 yrs. from the date of cause of action

Q: Posting a video on social media and face not visible, is it defamation

Sir, i posted a cctv video after cutting its length and combining three cctv videos of theft, original, on Facebook without naming the person in heading of video. Now the person has issued a legal notice of defamation. please can u tell what can i do and what can be the out put of case. sir , i want to know defamation case is possible in true video posted online

Advocate Kunal Anand answered
An offence of Defamation is said to be constituted if a statement spoken, written or published in a visible manner and also being false, such that it injures directly or indirectly the reputation of an individual or his family members or lowers the morale of the victim as being unprivileged statements. As a general rule, it is not defamation to impute anything, which is true, concerning any person. In India, truth is an absolute defense in Civil Cases however; in Criminal cases, the true statement must also be an imputation for public good. Therefore, irrespective of the intentional of an individual, no defamation suit can be brought against someone if he imputes something true (and for public good under section 499, IPC).. One of the most important aspect for a claim of Defamation is that the claimant should be indentified in the alleged defamatory material so published. The content must be clearly addressing a particular person or a very small group to constitute the aforementioned offence of Defamation. The Supreme Court has already dealt with the Constitutionality of the relevant Sections pertaining to Criminal Liability of Defamation and laid down exceptions to publication of Defamatory content wherein the First and Foremost exception is if the content published is true and in the interest of Public. The case as mentioned by you falls under the exception provided and also does not constitute the offence of Defamation as the video was not addressed to a particular person or a small group of people. In fact posting it on Social media like Facebook cannot be held as addressing an individual or certain group as the name has not been mentioned in the present scenario.

Q: flat buyer purchase agreement. Please guide me.

Flat Buyer purchase Agreement- I had purchased shop from builder in 1976 in New Delhi. He handed over possession to me with possession letter dated 1982 stating that the possession was given to me in dec 1978 & also stated that I have paid him full consideration for it. I do not have flat buyer purchase agreement. Now I think my matter will come under sec 53A of T.P. act? I think sale deed cannot be made as it is DDA lease hold property. Now I want to approach the builder and ask him to sign the flat buyer purchase agreement which will have to be registered.From which period time will began to run(period of limitation) againt me for signing the purchase agreement as I want to ask the builder to sign the purchase agreement now.Kindly inform under which article of limitation act it will come.

Advocate Kunal Anand answered
Dear Querist,There is no issue of limitation, you need to worry in your case. You need to initiate proceeding against builder in order to complete the sale and get it freehold subsequently. You initiate it with sending a legal notice. Further opinion can only be expressed after perusing through your documents.