Advocate Mayank Sharma

Questions Answered by Advocate Mayank Sharma

Q: Defamation Sharing falsehoods that could harm reputation

The review and rating company despite all their claims about verifying and interviewing 'reviewer' before publishing reviews has allowed a review by someone who had ' threatened a company's employee to do so over dishonest conduct of reviewer himself'The company/platform has been notified but reputation is at stake until they process happens...and is based out of US. (this company is equally involved due to falsified advertisement that they VERIFY information before publishing).Reviewer is based out of India and the company for which the false review has been give is also based out of India.what is the best way to approach such issue ?

Advocate Mayank Sharma answered
the best way to approach such issue is by sending them a legal notice that there conduct would amount to defamation as it will damage the reputation of the company and is not covered under any of the exceptions and to withdraw the review asap

Q: 2 jagah 125 registered h to kya karen

sir mera 125 ka case mene phele 1 lawyer ki madad se indore me registered karaya par lockdown k karan muje apne hometown aana pada meri tabiyat thik na hone k karan ab mene apne home town me bhi 125 registered karaya h or indore k lawyer ko withdraw karne ka kaha to wo bhot paise mangre h mere hometown me 125 ki 2 hearing ho chuki h par mera mere health k karan indore jakr withdraw karana nhi hoparaha to kya mere lie wo lawyer jo h wo pareshani khadi kar sakte h kya me kuch mahine baad usse withdraw nhi kara sakti

Advocate Mayank Sharma answered
sabse phele toh 2 jagh aapke case chal hi nahi sakte because of res judicata. jisne bhi aapko ye salah di ki aap apne hometown mein case laga do vo bhaut galat di hai. aapne jo case indore mein lagaya tha aap usko easily apne home town mein transfer kara sakti thi. ab aako ek case jitne jaldi ho ske withdraw karna padega

Q: Session Court Denies Anticipatory Bail , as no basis for Bail

Session court denied anticipatory bail for 498a with reason stating "Only summons have been issued for accused presence hence no apprehension of arrest. Therefore no base for Anticipatory Bail"In this matter what should be the next step taken ? If high court is approached it can also have same view. And danger with Regular Bail is MM court can send for custody.Please advise what should be the next steps.

Advocate Mayank Sharma answered
as per section 438 there must be apprehension of arrest for anticipatory bail and that apprehension can exsist at any point be it a summons case or warrants case. therefore the order of the sessions court is not good in law as it would have granted you the anticipatory bail and you could have appeared before it. Now if you appear in court in obedience of the summons there are chances that the court could send you in custody so you should apply for anticipatory bail before high court.

Q: धारा 307 पुलिस द्वारा झूठी लगाई गई हैं जमीन विवाद का झगड़ा हे जबकि ड्

एक पुलिस में सब इंस्पेक्टर है जिसके फादर in law se hamara जमीन विवाद चल रहा है उस सब इंस्पेक्टर के साथ वाले या बैच के सब इंस्पेक्टर हमारे थाने में थाना प्रभारी है बो सब इंस्पेक्टर उनके द्वारा झूठे मुकदमे दर्ज करवा के हमे प्रताड़ित कर वा रहा है और जमीन विवाद निब टा ने के लिए दवाब बनवा रहा है वो जमीन हाईवे से लगी हुई है महगी जमीन हे अभी उसने थोड़ा सा झगड़ा करवा हे हमारे उपर फर्जी 307 लगवा दिया क्या करे मार्गदर्शन करें प्लीज सब इंस्पेक्टर बहुत परेशान करवा रहा है

Advocate Mayank Sharma answered
section 307 k liye zaruri hai asi injury hona jissse ki martyu ho sakti thi . agar aap k dwara kisi ko koi injury nahi phaunchai gayi hai toh aap k upar dhara 307 Manya nahi hogi. iske liye aapko ye batana hoga ki FIR MEIN KYA likha gaya hai aur MLC report

Q: Person is not paying money for chain link fencing work

I have done chain link fencing and some civil work in farm land successfully last year Jan 2020 but land owner is delaying my payment after few days his employee run off street cow of that fencing and he is not paying my money. I don't know what to do He is just telling next time I will give your and now he is denying Police is not registering complain and labour officer said it is not under his juridictionI need your help and your guideline

Advocate Mayank Sharma answered
a notice has to be send to the owner of the land for demand of dues within 15 days otherwise a suit for recovery of money can be instituted for the same. generally a notice would be sufficient in order to compel him to pay