Advocate Kunal Seth

Questions Answered by Advocate Kunal Seth (700+ answers)

Q: cc case magistrate court private complaint case

In a criminal private complaint case pending before a Judicial Metropolitan Magistrate’s Court since 2020, the opposing side has sought adjournments on the ground that its counsel is engaged in another Court till now. In view of the prolonged pendency of the case and the need to prevent avoidable delay memo under 309 crpc or petition under 309 crpc ,which is better for faster result and faster action. Legal opinions and suggestions

Advocate Kunal Seth answered
file an application under section 309 CRPC for conducting judicial proceedings in a timely mannergrant of adjournment on the basis that the counsel is busy in another court is not a valid ground for granting such a adjournment raise appropriate objections while seeking such grant of adjournment

Q: Non-payment of Salary for Four Months

My salary has been unpaid for four months despite continued employment. I want to know my legal rights and the appropriate procedure to recover my outstanding salary. I understand that Section 17 of the Code on Wages, 2019 provides a time limit for payment of monthly wages, and Section 45 provides a mechanism to claim unpaid wages. Please guide me on the action I can take.

Advocate Kunal Seth answered
The proper course of action for you is to file a civil case for recovery of pending salarybefore that send a legal notice to your employer through an advocate.code of wages is not applicable to your case

Q: Transfer from Brother in Law to Myself

My Brother in Law (BIL) have a society flat in Delhi which is freehold & registered with sub registrar office. Can he gift this to me? What are the tax implications? What will be the value considered for Gift? DDA circle rate is apex 90000/-INR PSM & Flat is @98 Mtr How to go about it? No monitory transection in property, only government fees

Advocate Kunal Seth answered
your bil can execute a gift deed in your favour.this gift deed is to be registered and appropriate stamp duty is to be paid on it.you've already mentioned the circle rate. stamp duty shall be calculated on either circle rate or market value whichever is higher

Q: Written statement filing after several years

In a suit for permanent injunction in a property dispute, two defendants filed their Written Statements and other defendants adopted the Written Statement of the first defendant by filing an ADOPTION MEMO through their counsel. The trial did not start. After 12 years, the other defendants want to withdraw or cancel their ADOPTION MEMO and file their own Written Statement now. Is it allowed? Is it necessary to file an IA seeking permission to file the Written Statement now?

Advocate Kunal Seth answered
written statement has to be filed with in 30 days extendable to 120 days with the permission of the courtnow that 12 years have passed it would be difficult to get a written statement filedeven otherwise adoption of written statement now cannot be challenged by the very same party

Q: Refund issue with Medical Shop in Old Delhi

Dear Sir/Madam, Buying medicines for personal use (for my bedridden mother) from shop for last 6 years with no problem as dealing with Mr. A All Purchases through invoices and UPI/Bank Transfer Now Mr. B is attending and took medicines back due to bad condition but neither replacing nor issuing refund 34k medicines are with Mr. B for one and half month He always call on Whatsapp, rarely pick normal call but never discuss on normal call and never reply on messages Pls advise

Advocate Kunal Seth answered
if the medicines were returned for a defect or any deficiency from the manufacturer or seller you are entitled to a refund. however if the medicines were returned due to a change of mind or unused medicines were sought to be returned the seller is not obligated to take them back and issue a refund