Advocate Manya Goel

Questions Answered by Advocate Manya Goel

Q: Should I contest summons or should I ignore summons

Judge has to apply mind and issue summons taking documents, records, evidence into account. If judge issue summons on pre-printed form, possibly signed by some other court official, or if judge grant service of summons via email without first attempting personal service, is it enough grounds to move sessions court to transfer case to another court or judge?

Advocate Manya Goel answered
No that is not enough as the personnel signing on behalf of the judge is authorized to do so. You cannot move to the Sessions Court in that case. However you can, on perusal of the contents of the copy of Complaint, move an appropriate pleading for questioning that why you are being summoned. Eg. in case of cheque bounce case in case you are neither the signatory nor a part of the organisation who drew the cheque then you can very well contest if that why summons have been issued to you.

Q: Compromise between husband and wife in criminal cases before sessions

Can compromise b/w husband and wife be done in district sessions court where filed 498a, 313 IPC. If the husband been acquitted by sessions court due to compromise between parties, will husband become eligible for govt jobs(Police Dept) as the acquittal is not a clean acquittal. But my lawyer is pressurizing that compromise would lead to clean acquittal and would have no effect on govt job recruitment. Kindly clarify whether such acquittal is clean acquittal? Kindly share judgement if any

Advocate Manya Goel answered
As an FIR has been registered, you'll need to move to the High Court to quash the FIR. A settlement or compromise won't automatically clear the husband's record. For further help kindly contact. And exactly at what point do you wish to peruse the judgement for?

Q: Free legal south west dlsa representation

From UAE online submitted freelegal aid applications for money recovery & criminal case against delhi based detective. Southwest DLSA informed for casefiling & witness process my physical presence or my representatives(friend/family member) a mandate,these cant be by VC. But if no one can represent me then what options I hv? Hw many people can be given POA to cover my absence. How much will lawyer charge to just represent?unable to contact lawyers who reply here pls share ur email for contact.

Advocate Manya Goel answered
Firstly, from your query, I wish to understand that whether you've filed a complaint case or a civil recovery case, and how the DLSA has been involved in this case, as typically DLSA doesn't intervene in such cases.Secondly, at the time of filing, you must have appointed someone as your Special Power of Attorney (SPA) holder. If not, it's imperative that you appoint at least one person, who can be a friend or family member, to execute documents on your behalf, give evidence, and handle technical complexities of the case.The charges for this can range from ₹50,000 to ₹1 lakh, but this is not a fixed bracket and may vary depending on the advocate handling the case.

Q: Hi sir my case is pending in supreme court i want to expidite it

Mera sc ma ek case pending ha 2'5year sa how can i expidite it can i go article 32 or 142 please help

Advocate Manya Goel answered
Why is it getting delayed? Is it due to some procedural delay or due to other issues? Kindly elaborate on the issue more. Given the situation we may take the remedy of writ. Kindly send documents so that a concrete answer may be given

Q: Does judge have to explain order or is standard summons order okay

Judge issue order for police investigation. Police are not prosecuting. Complainant still wants to prosecute and continue. Can judge issue Summons on standard Summons Form or does judge have to apply his judicial mind and explain in Summons order his reasoning to summon?

Advocate Manya Goel answered
Please clarify further that against whom the summons have been issued. However as a matter of practice the judges clarify the reasoning of their orders. Further please clarify what exactly is your grievance.