Advocate Mohanraj

Questions Answered by Advocate Mohanraj

Q: Pawn broker cheated my pledged jewellery

During 2008 I have pledged 120g gold at various instance and borrowed money for interest. On full repayment of money with interest the pawn broker didn't return my jewelleries pledged and his where abouts is also in dark. How to proceed now, please advice

Advocate Mohanraj answered
This is a case of criminal breach of trust (Section 316 BNS, earlier Section 406 IPC) and also gives rise to a civil claim for recovery of pledged goods/damages. However, given that this dates back to 2008, the limitation period is a serious concern you need to address first:Civil suit for recovery — Normally has a 3-year limitation period from the date of refusal to return the jewellery/repayment completion. If you completed repayment long ago and only now approaching this, you may need to explain the delay or check if the limitation period was interrupted (e.g., part-payment acknowledgments, correspondence).Criminal complaint — You can file a police complaint for breach of trust/cheating, since the broker retained your pledged gold despite full repayment. Criminal limitation for such offences is typically 3 years too, but courts have some discretion, especially if the whereabouts of the accused were unknown (concealment can be argued to extend timelines).

Q: Dubai Tourist Visa Eligibility with Pending Criminal Case

I am a petrol bunk owner. In December 2024, one of my drivers took my truck without my knowledge and used it to transport diesel without a bill. Civil Supplies Police seized the truck, and I was arrested and added as A1 only because I am the vehicle owner. I obtained bail within 4 days and have no other connection to the offence. No charge sheet has been filed till date. I now wish to travel to Dubai for tourism. Will this pending case affect my Dubai tourist visa or travel? What is theprocedure

Advocate Mohanraj answered
Since no charge sheet has been filed and you're only on bail with no conviction, a merely pending criminal case generally does not automatically bar you from travelling abroad, including tourist travel to Dubai.

Q: Issues on getting copy Application from DVC court

Respected Advocates,I kindly request help from any of the learned advocates on getting certified case paper from DVC court. The issue is I have submitted a copy application as party in person in court and it got signed by the judge.. but in the Copy section they are saying that a when a party has engaged a counsel then the party cannot directly get certified copies, the party either has to revoke the vakalatnama and get certified copies or the party has to appoint a new counsel, is it correct

Advocate Mohanraj answered
Yes, this is generally correct as per standard court procedure. Once a vakalatnama is filed and a counsel is engaged, the counsel is treated as the party's authorized representative on record. Courts typically do not entertain party-in-person applications (including copy applications) while a counsel is on record, because it creates confusion about who is authorized to act — the party or the advocate.Your options are:Revoke the vakalatnama by filing a formal revocation memo, after which the court will recognize you as party-in-person, and you can then apply for certified copies directly.Route the application through your current counsel — ask your advocate to apply for the certified copies on your behalf, which is usually the simplest fix.Appoint a new counsel who can then apply for the copies, if you're changing representation anyway.

Q: Husband was applied devorce in municipal court Pappireddipatti

Husband was applied devorce in municipal court Pappireddipatti but I don't intrest he is told heavy lies how to reply this situation for my side please I mean what can I do and explain

Advocate Mohanraj answered
If you do not consent to the divorce, this becomes a contested divorce, and you have full legal right to defend yourself. Here's what you can do:File a written statement/reply in the municipal court within the time given, denying the false allegations point by point.Engage a lawyer to represent you — do not ignore the court notice, as an ex-parte (one-sided) order could be passed against you if you don't appear.Gather evidence (messages, witnesses, documents) that disprove his claims.

Q: Lawrato lawyer charged big fee but no service- Action to take

Highly experienced lawyer in chennai. Followed up with my query to talk though I was asking for another time. He spoke for 25 min. followed up for fees thoroughly with goodness to help me in the case. He had bad judgement abt everything.. Next day after fee is paid, he doesnt take calls. after 10 days sought fee back and asked for legal notice to be sent. He asked more money for each call. I aked to return money. he stopped responding. what is the way to take action on this sort of lawyers.

Advocate Mohanraj answered
I'm sorry to hear about this experience. If a lawyer has taken fees but is not providing the promised services, is unresponsive, and is demanding extra money for basic communication, you do have options to address this:Send a formal legal notice — Since you've already asked for one, get it sent through another advocate, clearly stating the facts: fees paid, services not rendered, refund demanded, and a reasonable deadline (e.g., 15 days) to respond or refund.Complaint to the Bar Council — You can file a written complaint against the lawyer with the State Bar Council (Bar Council of Tamil Nadu, since he's in Chennai) for professional misconduct and deficiency in service. Attach all evidence — call records, payment receipts, messages, and a timeline of events.