Advocate Lakshmi Raman

Questions Answered by Advocate Lakshmi Raman

Q: False Case filled under Sec 354 by A tenant against society members

We had a tenant who illegally got over 35 cats, 15 dogs in the house and use to do cruelty and black magic. They use to kill animals, drink thier blood etc. Entire society was in bad smell and daily animals barking and crying. After many request the ladies there never bothered to shift animals & kept asking for time. After 2 months also the society people couldnt stay there due to smell and heated arguments happened.Then we called up police who ventured into the house and couldnt even stand there for 2 months. Dead bodies of animals, and torchred cats & dogs where seen. Even after that police didnt took writen complaint & kept saying that you should contact NGO. Finally after SP interference an FIR against the lady tenants where lodged. Though its been 1 month, police have done nothing, but just we ourself called some municipality people & rescued these animals. Animal NGO where called by this smart lady and she bribed them. Now a false FIR 354,341,34 has been filled by tenant on us.

Advocate Lakshmi Raman answered
You can approach high court to quash the FIR as it is filed in retaliation to the FIR filed against them. Or the cops can record your statements and if no evidence is found then can file a summary report instead of chargesheet which means that no case is made out.

Q: fraud of given money for interest but not paying both money & interest

I had given one person money for a period of 6 months who promised me to give interest in return. I asked him to make a Agreement for the same but he refused convincing me that he will return without fail and sent me a receipt via email stating that he has received the money and will give interest as agreed & will repay on due date. After 6 mts I asked him my money but he kept on delaying saying that he has suffered a heavy loss in stock market and will require some more period to return the same and till then he promised to pay me the decided interest. I had to ask him my interest every month and by delaying he used to pay me the same. in this way 15 months passed now he has stopped paying me interest & is also not returning my given money by saying that as soon he receives or arranges the same he will return me. He always promises some date in future but never fulfills his commitment. however i forcefully managed to take blank cheque and a agreement from him saying that he has taken

Advocate Lakshmi Raman answered
You can send him an email stating that as per the agreement you are depositing the cheque. Thereafter you deposit the cheque. If it bounces you can file a case under section 138 of the negotiable instruments act

Q: Criminal breach of trust *, blackmail & extortion

I had given a property broker / agent to pay the stamp duty of my flat. He had taken the original agreement of my flat to pay the stamp duty. Now after paying the stamp duty he is refusing to return the original agreement of my flat. Now the broker /agent is demanding Rs 10 lacs as ransom against my original agreement. I went to the police station to file a complaint & FIR against the said agent. But the police has refused to file an FIR they have told me to give a complaint & they will investigate the matter & only then file an FIR.KINDLY GUIDE IN THE SAID MATTER.

Advocate Lakshmi Raman answered
You will have to submit a written complaint to the police station drafted by a lawyer. Once the complaint is filed your statement will be recorded. The police will call the broker and question him and thereafter put up the matter before the law officer who will pass an order to register an FIR if the offence is made out.

Q: Booked a holiday for 50k agent denied gave cheque which bounced

Hi - i booked a holiday package and paid 50000 INR as advance, however later the agent denied to take this forward due to business constraints at their end at the last moment i.e., 2 days before the flight and stay. the agent over email agreed to refund the money + extra compensation. He gave a post date CHQ which has now bounced. I want legal advise on how to get my money back.

Advocate Lakshmi Raman answered
We can send him a legal notice within one month of bouncing of the cheque giving him 15 days on receipt of the notice to clear his liabilities. Thereafter if he still does not clear it within a month we can file a complaint in court

Q: Need information on dowry

hi, my husband had sold out his property without my consent and he also sold my stridhan which they have given me what action to be t

Advocate Lakshmi Raman answered
You can go to the police station and lodge a complaint under Section 406 and 498A of the Indian Penal Code stating what all he has done and taken. Pictures of the jewelry and bills would be helpful. With regards to the property i would require more documents to guide you further.