Advocate Manish Vyas

Questions Answered by Advocate Manish Vyas

Q: What to do if sister-in-law has filed a false case against my family

My elder brother got married in February 2017, but within 15 days they had some fight and she leaves our home and went her parents home. From last 1.5 yrs she neither came back our home nor she contacted on phone. Now, she filed a false case against us. What to do?

Advocate Manish Vyas answered
Your brother can file an application in family court under section 9 of hindu marriage act for restoration of conjugal rights. And so far false case is concern your brother can challenge false case at high through criminal writ u/s 482 CrPC

Q: Complaint against person who took money fraudulently

Someone took money from my mobile's BHIM application. What can I do in this case? Bank is saying that you transfered the money. So we can't take legal action against it.

Advocate Manish Vyas answered
You can file criminal complaint in cyber crime and also in Indian penal code, you can file first information report at police station, even you can file FIR through online web site of police department.

Q: Wants to file complain about a person who is abusing and hitting

I have lounge complaint against a person that he is abusing me and hit me with stone just because of that he lounge a fir against me after 8 days later under section sc st 3(s),(r)

Advocate Manish Vyas answered
You can challenge his FIR at high court through criminal misc.petition under sec. 482, and Highcourt can quash that FIR because that FIR is just abuse of process of law. And it’s a very normal issue. So plz don’t waste your time and challenge that FIR

Q: Bank mentioned cheque as not issued in the system

I presented my fixed deposit repayment warrant cheque in my saving account. the Drawer bank has return the warrant unpaid stating that "Cheque not issued in the System". What can I do now. How can I take action against the company under section 138 of NI act or any other action against the cheque issuer.

Advocate Manish Vyas answered
आप उस चेक जारी करने वाले व्यक्ति अथवा संस्था को क़ानूनी नोटिस वक़ील के ज़रिये चेक अनादर होने की तारीख़ से तीस दिन के भीतर भीतर भेजे । 138 की कार्यवाही करने के लिये नोटिस देना अनिवार्य है वो भी वक़ील के ज़रिये ।

Q: How can I recover extra amount paid as interest in ex manager's tenure

we took rs 2 lakh loan through kisan credit card in oct 16 from sbi bank. in kisan credit card scheme we have to pay 7%intrest rate and after that bank will return 3% of intrest as subsidy.but in jun17 bank charged 14%intrest.when we spoke with branch manager about this he said that it our system fault you have to pay 14% intrest and after that you will get money which you are paying extra.but till now we didn't get any money in my account.now manager of that branch is changed and new manager is not ready to help us.and he is also saying that he is new in this branch.now what can do?. please suggest me some way to get our money back which we paid extra.

Advocate Manish Vyas answered
बैंक के द्वारा आप के साथ जो कृत्य किया गया है उक्त कृत्य सेवा में कमी के कृत्य में आता है, ऐसे में आप बैंक के विरुद्ध उपभोक्ता मंच में शिकायत कर के आप के साथ बैंक द्वारा रखी गई सेवा में कमी से हुई मानसिक क्षति, आर्थिक क्षति का मुआवज़े की माँग कर सकते है ।