Advocate Mubashir Malik

Questions Answered by Advocate Mubashir Malik

Q: Regarding suspension of government duty

I am an engineer in jammu and kashmir state electricity department. My office head is asking me to move to a job position where i am required to give night shifts. I am suffering from a digestive system problem since the last six years due to which i have to often take sleep medication as this problem also interferes with my ability to sleep at night. I explained this to my office head but he threatened me with suspension for dereliction of duty. Kindly help.

Advocate Mubashir Malik answered
you should move an representation to the head of the department in the matter and seek necessary directions from the department so that they can accommodate you and can post you as per your convenience transfers in a job are part of a job and cannot be challenged

Q: How To Get Rid Of A Extra Marrital Relationship

I am a married man having relationship with a married lady for last one year , we both are parents also . We met on a social app and this began ,gradually we start dating and meeting each other however now I realise we were wrong now when I ask her to close the relationship she threats either to sucide or file false cases against me . I have been good so far to her we never get physically involved I helped her financially also but she is pressurising me to get divorce from my wife and she is also ready to get divorce from her husband which I do not want to do , I want to end all this. What can I legally do in this matter . What are sections she can file against me if I do not continue the relation .

Advocate Mubashir Malik answered
First of make up your mind what you are going to do. take a proper decision and contact a good lawyer. and follow the advice of your lawyer. which may include filing complaint before the court of law.

Q: i wannt to marry with my love please let me confrm this

hlew sir, i want to know that can i marry with a girl she is 18 years of old and im 19 years please let me confrm this can i done a coat marraige

Advocate Mubashir Malik answered
if both of you are majors or have attained the age of majority no one under the law of the country can stop you to marry each other or against the wishes of the parents. but still I would suggest if your parents are not agreeing upon your marriage you should first try to convince them.

Q: Chaque bounced.My chaque had been bounced by Punjab national bank.sir

Sir i borrow a loan from punjab national bank for the period of 7 years.Unfortunately after 1 year my business was not going well and i not able to deposit emi thats why pnb use my security chaque and case against me of section 138.sir i dont have money what i am suppose to do.

Advocate Mubashir Malik answered
You should seek time by the bank for the deposit of the loan amount , meanwhile if they file a complaint against you in the court of law you should contest the case in the court. you should contact a good criminal lawyer who deals with 138 matter.

Q: eligibility for recovering money

A checque given 4 and half years ago has no memo. can i fill a case against that. keeping time period and no memo in mind

Advocate Mubashir Malik answered
yes a recovery suit can still be filed . however I suggest you to file a summary suit under order 37 of code of civil procedure. but you cannot file a criminal complaint under section 138 of negotiable instrument act as the time period has already expired. you can approach the civil court for the recovery of money. and the court will entertain your suit and shall procede with the trial of the matter . but remember file a summary suit it's short but technical. if a normal recovery suit is filed it will take time but the summary suits deals with summary trials and a lot of time can be saved .