Advocate Mayank Sharma

Questions Answered by Advocate Mayank Sharma

Q: Filing of additional documents in civil suit

Respectfully it is stated that I am the plaintiff in a civil case. My crossing has just been finished. I want to file some additional documents in my case. How can I do so? Please advise

Advocate Mayank Sharma answered
Production of additional evidence in appeal ORDER 41 RULE 27 that is additional evidence can be filed before the court in case if those documents have that much importance which can make or break the case.

Q: Want to file a case of 376 as promised to marry before sexual relation

i filed Fir against a boy, under ipc 376, tomorrow i m going to submit it in police station, how many days police will take to arrest him? and what are the chances for his bail, can he get bail in this ipc? he is a fraud, i got girls from shadi.com and never married them, i checked his records with two more girls, but that girl dont want to show their identiry that is understood for me, but want him to send jail... is there any chances that he could escape from imprisionment..?

Advocate Mayank Sharma answered
Every breach of promise to marry could not amount to Rape. “In a case of rape, the act of sexual intercourse is forcible and without consent of the woman. However, the consent obtained by fraud amounts to no consent and therefore, if there is sexual intercourse with consent but obtained by fraud, it amounts it amounts to rape. For example, if an illiterate woman is given promise to marry and under that promise, her consent is obtained for sexual intercourse, then, it can be said that the consent is obtained by fraud. So please be sure with evidences you produced tends to signify that he has cheated you.

Q: Can i apply for a government job if a case pending on me

Sir kya me govt job ke lye apply Kar Sakta hun , mere upar case no.394 issue hua he

Advocate Mayank Sharma answered
Yes you can apply for the government job but you have to clearly mention that you were innocent on the part of section 394 that you have been dragged unnecessarily on this matter. An appeal has been filed by you already. For further clarification you can connect with me.

Q: What to do if i have been accused of false rape charges

Rape FIR filed by lady in September 2016 stating that she was raped by a person in June 2010. He clicked some objectionable photos of her and through blackmail continued to rape her. He also forced her to have physical relation with his friends and business partner in Jan & Feb 2012. She does not know them but can identify them. The lady did not mention my name in FIR but in statement under Section 164 before magistrate the next day, she stated that in Jan and Feb 2012, I was one one of the business friends. The truth is I have never met the lady. The police have filed the chargesheet and have included my name in it. In the chargesheet, the police have mentioned that I had accepted my crime and then they arrested me (I had taken bail and it was paper arrest, with bail bond). What should be my defence?

Advocate Mayank Sharma answered
That is if you don't have any relation with the lady then on what grounds police has arrested you. And how can the police officials stated your name in the chargesheet until and unless if there is any sort of evidence on your part. You can file a defamation case against that lady who is exploiting you unnecessarily without any sort of proofs or evidence. The case is not maintainable on the part of the lady. For further clarification contact me.

Q: Money lender threatening to pay back what can be done

i borrowed 10 lacs from a known person without any collateral or securty.paid interestt for about a year, but now not in state of paying back, as i suffered huge business losses.business not doing well. lender threatening to shout in front of everone at my workplace and also that he knows many known badmaash type guys of my area and few high profile guys of my area to recover money.can he be served a legal notice to not to visit my premises?

Advocate Mayank Sharma answered
Yes you can serve a legal notice but also you have to state about your real inability to pay the debt and also tell him that how much time you need more in order to give him some satisfactory response.