Advocate Mohit Sharma

Questions Answered by Advocate Mohit Sharma

Q: Illegal encashment of banker cheque, what legal action can i take

I have given banker cheque of rs.1350000 in favouring state bank of India , Bhatia to SBI BHATIA branch for staff inquiry against me. I have not written any thing for this amount. I have send many m emails to bank for cancellation of expired banker cheque but bank has not done any action. After passing one year or banker cheque's date. Bank has revallidate this banker cheque without my concern and paid it. Bank has broken rules of revalidation process for banker cheque. Can I go to police station for Ipc 420,467,468,469.

Advocate Mohit Sharma answered
You can definitely take action against the bank for cheating and criminal breah of trust. Also you can report the matter to the RBI and request to take action against the concened bank. You can also write a letter to the managing director of the bank to take action against the responsible persons.

Q: Married landlord threatens and misused for having physical relation

I was living in paying guest there landlord approached me for marriage inspite of he was married and have two kids. I was depressed and I refused his proposal. He got angry and desperate for me and I got scared and he made physical relation with me and made a video clip of that and later threatened me with that video clip and made relationship many time without my consent and later lived with me as live in relation and said I will marry you once my children this year get over. In between his wife did case on him so he had to let me vacant his house before he kept me as house arrest due to threatening. After that also he harassed me at my other PGs and workplaces mentally tourched me and use bad slangs at public I used to get very scared but from inside I feel I am miss used by that man for his needs. He played with me by taking control over my mind with his threats. Kindly advice me how to go for justice. He did wrong to me took advantage of my innocence and depression

Advocate Mohit Sharma answered
No one has the right to force you to have sex. And no one has the right to attack you physically. If you believe that you have been attacked and physically abused, then you should go to the court for redressal.

Q: What are the criteria on which a lawyer can leave a case in between

we are fighting for standard rent from year 2007 and I paid more than Rs.30000 as free and still need to pay Rs.10000 He is been misguiding me form last long today when court get stick and refuse to give more time this man ask me to release him as lawyer for no reason when I refuse to do so he said he will send me register AD for the same it is so simple when ever lawyer wants to take case can take and when ever he wish to release he is free no matter bad he or she is .. kindly guide

Advocate Mohit Sharma answered
Have you paid the lawyer's fee? If yes, then you a case against the lawyer. If not, then you don't have any case against him. Most of the time it happens that the clients misunderstand or misjudge the lawyer's actions since they do not have clear view of the legal strategies. Please ensure that you talk with your lawyer before judging him.

Q: Can one get divorce on the basis of pre-marital affairs of husband?

I married just 4 month ago. I did love marrige . Before marrige he has physical relationship with 3 to 4 girls before me. I found one pendrive in which i saw his porn video with girls. I told him this then he hited me very badly. After this he also said sorry and requesting for forgive him. But i am very much shocked and i m not able to accept this. But this all happened in last month and i am yet staying with him. I told him for divorce and went to my mom dad's house but some how he take back me with him.Now i don't have trust any more.But if i go to my parent house he did something and get me back. so i can't go to my parents house. Now a days he also do not allowing talking with my parents. I had all proof of my husbands relationship with other girls i had those all video which i saw in his pendrive. My another question is that after marrige somany times he hitted me in last 4 moth whenever quarrel happend. But then after some days we are living normally. So can i get divorce .

Advocate Mohit Sharma answered
Yes, you can file for divorce on the ground of cruelty. You can also start criminal proceedings under section 498A of IPC. But remember. Never compromise the truth or exaggerate your situation, which is the norm in these proceedings. Another point is that pre-marital sex by your husband cannot be the basis for any type of divorce. It is only the post-marriage conduct that determines the fate of the marriage.

Q: Can i change another bank after disbursing my loan with previous bank

I have taken a loan from bob in 8/2016 of 11 lakh .my property is under cunstucon now ,95% is completed.my loan sanction letter & banakhat mention in my name (male).my loan disbursement is 10 lakh.final property registration is pending . If i change another bank with co applicant name ie. Wife name please give me advice how i get benifit of pmoy ?

Advocate Mohit Sharma answered
Yes, you can do that. For this, you need get an agreement drafted so that there is no problem in the future. Most of the banks create a lot of fuss about not giving the "No Objection Certificate" and this can be solved when they are directly dealing with a lawyer.