Advocate Kunal Srivastava

Questions Answered by Advocate Kunal Srivastava

Q: College threatening me to pay my fees even when they didnt take any cl

I am in my last year of btech , i have also been placed, so in the final year of my college the hod told us that no classes will be held. One whole semester has passed and now the new session has been started and they are threatening me to pay my fees, when i raised my concern they told me to withdraw from the college, they told me they wouldnt give me my degree, they will fail me and also stop my placement and wont give me lor nnWhat can i fo in this case, i also have other students who were present on the day hod told us that classes will not be held

Advocate Kunal Srivastava answered
Hi, a situation like this requires careful consideration of your college’s terms and conditions which you must have agreed to at the time of admissions. You may go through the same to find the relevant clause that may deal with such a situation. If said clause is not present, feel free to get in touch with me.

Q: Territorial Jurisdiction under Cheque Bounce Case - Special Matter

A Cheque in INR issued by a company based in Delhi, having an account with the State Bank of India to its supplier based in London against the supply of goods made by later. nThe seller presented the chq in its account with Barcley Bank London for collection. Bardcley Bank sent the chq for collection to its Nostro A/c with Bank of India Mumbai, which with its POD presented the ch for collection to SBI Delhi. Chq bounced Due to insufficient funds. The case was filed Under NI ACT at JMM Delhi and accepted. Later accused moved to HC disputing the same. Later after 5 years, the Cssused Petition was Dimssed at HC as Dismissed at withdrawn. Now case again starts at JMM court for trial. But again he starts disputing Jurisdiction. what is a remedy for it?? can JMM have the authority to hear arguments on the jurisdiction in spite Accused petition being Dismissed as Withdrawn??

Advocate Kunal Srivastava answered
The law is clear in this regard. As per the negotiable instruments act, jurisdiction will lie before the court within whose territorial jurisdiction the home branch (i.e. the branch in which the recipient has opened and maintained its account) is situated. Based on your query it seems that the delhi court lacks jurisdiction.

Q: Please help me. My office colleagues and boss are harassing me. They keep writing emails to me. Even

Please help me. My office colleagues and boss are harassing me. They keep writing emails to me. Even for small issues they write mails. It's like harassing by using emails and citing rules. I am very nervous and cannot sleep. Pl help me please, ill die.

Advocate Kunal Srivastava answered
Hi, your query is not clear as to the content of these emails, nor does it mention the rules they are citing. We will need to look into the contents of the emails and overall conduct of your colleagues and boss to see if it amounts to harassment in terms of the law. Please feel free to contact me if you require assistance.

Q: Recovery of Money of the invested amount of mine

A person took an amount of rs.169000 for 69 days at 100% interestnHe took all amount and scammed and not returning amount. He is only delaying the dates for payment.I want my money back. nWhat all should i do?

Advocate Kunal Srivastava answered
If you have proof in the form of a loan agreement you may seek to enforce that for recovery of the money along with interest. However, if you are of the opinion that this was a scam, you should consider lodging an FIR at your local police station alleging cheating.Please feel free to contact me for further assistance

Q: One shop is given on rent by my grand father to mr A. Mr A gave it to mr B. My grand father or pare

One shop is given on rent by my grand father to mr A. Mr A gave it to mr B. My grand father or parents are no more. Now since last year's mr B is not opening shop, neither giving any rent . Electricity meter is also cut due to non payment since long. He has put up his locks on the shutter and not coming since eight years or more. Now someone today told me that the shutter is broken or someone has removed the lower part of shutter including locks today. So i need suggestion that in this case what I have to do and can I get procession of this shop of which am legal owner now after my father.

Advocate Kunal Srivastava answered
For possession you will need to send an eviction notice and depending on the duration of the lease you will be required to give sufficient time to the tenant to vacate. If the tenant does not vacate the premises and upon expiry of the notice period you may file an eviction suit before the civil court of appropriate jurisdiction.Since your query contains certain facts such as subletting, etc., and is silent about the nature of the lease (commercial lease or residential/oral or written) I would suggest you consult a lawyer and present all the facts so that the lawyer can guide you appropriately.Please feel free to contact me for assistance.