Advocate Mukesh Kumar Sah

Questions Answered by Advocate Mukesh Kumar Sah

Q: Court Attendance and hiring a good lawyer

Hello, my wife has filed false cases against me and my family 498a, 406, 34, 354. There is already a DV and a 125 CRPC case against me also. I'm a working professional and it is very difficult for me to take leaves from office. Also the court is in different part of the city so a lot of time will be spent in commute only and I'll not be able to work or go to office on time. Is it important for me to go in every court date? also how do i find a good lawyer? how do i know if

Advocate Mukesh Kumar Sah answered
if your case is in different states or different cities,you need to file a transfer petition in the supreme court , the case will be transferred to your city It will be difficult for your wife to pursue the case further against you once the case is transferred in your city,there is no need to present in court every date.

Q: Someone not paying rental of the land

I lent a agricultural land to someone and he is not paying rental of the land properly since last 4 years he always pay part of the payment only. Now he has 45k rupees of ours and we have voice recording that he admitted that he have to pay some sort of of money but not the exact amount mentioned in recording. What can we do for it. And we don't have any agreement bcz the land is in bihar and we were not aware that we can go for an agreement. Suggest what can I do for it.

Advocate Mukesh Kumar Sah answered
you can send him legal notice to demand the pending money, from the date of receipt the cause of action arises,if they didn't pay after the legal notice , then you can file a case for recovery of amount.

Q: 41a notice 2 year after f.i.r , can i file complaint to MM02 for delay

i am the respondent and IO sent 41a notice 2 and half year after f.i.r , what should i do shall i file an application for reason of delay in MM02 court or file quashing in high court ? for 498a matter. only those advocate respond those have experience to quash the 498a f.i.r

Advocate Mukesh Kumar Sah answered
you can file quashing the FIR in the high court, as the fact stated , it is pruma facie case for quashing, meanwhile you should co-operate with IO , wherever IO call to present in police station co-operate with IO, the pri is very simple to file a quashing.

Q: Mutual divorce case( 1st motion compeleted ).want to change my lawyer.

i have filed for mutual divorce. first motion is completed. now my lawyer is backing out (asking for extra money). i dont have certified copy of first motion. can i change my lawyer and apply for 2nd motion or can i file for 2nd motion on my own?

Advocate Mukesh Kumar Sah answered
yes you can file a second motion, you can apply for certified copy to the court ,you will get the certified copy and file the second motion ; you may change the lawyer,it will be very difficult to file and proceed without lawyers

Q: Recovery issue of a loan given to friend

A friend to who owes me around 33 lakh (20 lakh principal + 13 lakh interest) given in Loans (documented in loan agreements) of Rs 5 lakh(through cheques) in Feb 2021, Rs 10 lakh(through cheques) in Aug 2022, 5 lakh(through online modes but no agreement) is giving execuses of financial crunch. I have proofs of loan agreement of 15 lakh, chque/bank transfers, voice call recordings, whatsapp video call recording. I am pushing him to create a new agreement mentioning the latest amount that he owes

Advocate Mukesh Kumar Sah answered
you can recover the money after filling the recovery suits The process is very simple , collect all evidence related to loan and loan agreement, then। file the case ,the other party will appear and put his own version of defence,