Advocate Minhajuddin Shaikh

Questions Answered by Advocate Minhajuddin Shaikh

Q: POSCO act advice

What we can do next after not getting bail from high court in posco act? How we can come from this please provide your best idea.

Advocate Minhajuddin Shaikh answered
Challenge the order in the supreme Court, or if you have withdrawn the application from the High Court, file after some time,prefer again in High Court which is called successive bail application if trial has not commenced in a sufficient time. With the ground mentioned above!!

Q: Denial of Salary & Relieving Letter by Employer what can i do.

My current employer is not paying salary since 6 months, upon asking, said that it will be paid. Because of this, I quit the job and now when I am asking them to do the needful, they are not responding. Also, in my new job I need a relieving letter to be shown, which is also being denied by that employer. I know, it is illegal, but I need to know the details on how I can I file a case. I need a lawyer to help me after meeting me. A consultative reply would be appreciated.

Advocate Minhajuddin Shaikh answered
File a suit for recovery of debts in a civil court, in which it has jurisdiction to try the suit, initially issue a statutory notice through your lawyer and then after the reply by your employer, if in negative. File a summary suit !!!

Q: If I leave my family can they file complain against my boyfriend

I am unmarried girl . i have one boy friend i dont want to marriege i want to live alone i want to live seprate from my family bcz my family giving me torchering for marriege bt i dnt want to do marrige my family know about my boyfriend relation bt i cant marrige with him so i choose leave my family and want to stay alone and my own self if i choose to live alone from family and seprate from family than my family can do police case or any case on me and my boy friend???? any problem occure if i want to leave my family????? my family do any case on my boy friend or me?? please give

Advocate Minhajuddin Shaikh answered
Hello, if your 18 or 18 plus you are free to enjoy your freedom ( Legally) as per Indian constitution no one can influence or force you to do anything against your will. Nobody can file any case against you if you get married as per your choice. You are free to enjoy your rights as per Constitution of India.

Q: Property sold by a person having power of attorney now owners claiming

my dad brought land in 2003,seller sold the land through power of attorney.land was belong to 7 person. but one of the person was died in year of 2000.Rest of six person knowingly without consulting the decesed family sold the land to us.we were not aware that time.power of attorney was notry by lawyer.we jst thought it is okk.but now the son of deceased claiming his right on property .we are ready to give his share.shall i take this case court,can i file case under ipc 420 against lawyer and rest of six people and the person who sold the land to us through power of attorney

Advocate Minhajuddin Shaikh answered
Hello, civil litigation is always possible you can proceed but other than that under section 406, 420 of IPC you can file criminal complaint against the 6 members, but see whether it was an ancestral property or ( they were friends) u mean the total partners then you can decide or your legal counsel can come to a conclusion!!!

Q: Husband sent divorce papers with two witness sign on it Is this valid

aslamo alaikum brother I have some issue my husband send a divorce paper with no valid reasons and in the divorce paper 2 wetness sign i m not know who is this wetness and i just receive and read the paper i m not sign on divorce paper is this valid for divorce in Muslim laws pls advice me.i have read ur articles on divorce laws but i still dont understand them in my situation.

Advocate Minhajuddin Shaikh answered
As per Muslim shariat it is not valid, and as per Muslim law no normal uniform( Civil code applies) so yes the it is not valid. But if you don't want to continue your wedlock and ask for maintenance you can go ahead and also if you want a decree of divorce you can seek it from respective family court under Muslim dissolution marriage act.