Advocate Namish Nigotia

Questions Answered by Advocate Namish Nigotia

Q: what is the procedure to file case against IITs and NITs

I successfully cleared JEE (Advanced) 2018 exam with All India Rank 682. I'm getting Metallurgy branch in IIT Roorkee But unfortunately this year’s CBSE marking strategy in senior secondary examination made my eligibility criteria lapse for taking admission in IIT as I got just 54.2% marks in senior secondary examination which was conducted by CBSE this year. I want that IIT's and NIT's should have an some sports quote for students to get into the institution and I'm gold medalist in cricket at International and National level. The pattern of JEE exam dose not match the course of class the why should they adopted the eligibility criteria of class 12. On the basis of this can i file a case in Rajasthan High court.

Advocate Namish Nigotia answered
Dear SirIn case the sports quota is not available in the IIT enterance examination scheme, I am sorry to say that you cannot file a writ petition on this ground before the Hon'ble Rajasthan High Court, However you can challenge the scheme of fixing the minimum percentage in the CBSE Examination which is a eligibility criterion .Regards

Q: How to dismiss a case and stop the trial

i want to dismiss my case and reject the trial please let me know the ways to save my future

Advocate Namish Nigotia answered
Dear Sir/MadamI cannot provide a perfect opinion unless, u tell me that what nature of cases ( Civil , criminal, revenue) is pending. However I can suggest that in case it is a criminal case you may approach to your high court Under Section 482 Cr.P.C. for quashing of the proceedings. In a civil Case , You can settle the matter through compromise with the opposite party.If You are a Plaintiff in civil case , you may withdraw your case against whom you have filed the case.If you are a Defendant, You may enter into settlement .Regards

Q: Procedure for cancellation of release deed made by grandmother

My uncle influenced my grand mother and made false promises to her that he will take care of her and believing on him My grand mother executed a release deed of her share in our ancestral property in favor of my uncle . However after getting the property he has taken the u turn and troubling her in various other ways therefore she wants to cancel the release deed as she feels cheated. The release deed was executed by fraud and cheating . What is the procedure in indian law to cancel a release deed.

Advocate Namish Nigotia answered
Dear The release Deed is a deed through title of the property got transferred. once the Title Transfer, it cannot be transfer in one shot before the office of the Sub Registrar. You have to file the Regular civil Suit for cancellation of Release Deed on the grounds , stated by you in your query. simultaneously an First Information Report should also be registered before the concern Police station for the offence of cheating, so that your civil suit will have more force.so accordingly it is opined that you have to file a civil suit for cancellation of release deed and Permanent Injunction. You also need to file stay application , and get an stay order from the competent court , so that your uncle may not alienate the property during the pendency of the suit.

Q: Can a divorce case be filled in Supreme Court ?

How can file divorces case in supremcourt in india

Advocate Namish Nigotia answered
No .The divorce case has to be filed before the family court at first instance. Thereafter before Honble High Court and thereafter before Honble Supreme court. So it is advised that you should first file before the family court of your District .

Q: Action against husband having extra marital affair

Hello I wanted to enquire about the legal action which I can take in case my husband is not loyal to me. Having an extra marital affair for more than 5 year (have some proof as well). He is also blaming me for his wrong doing. None of his family member is supporting me and in favor of him. Finally I have to leave the house with my kids. At this point I do not want divorce, wanted to settle by talkings but doesn't look like he is willing to resolve the matter. Its hard to understand his intentions at the moment. Please suggest what can I do? Thanks Hindu religion

Advocate Namish Nigotia answered
Dear Mam Your husband is committing an offence which is punishable under section 494 of the Indian penal code. Simultaneously it is also against the rituals of Hindu Law and against the society as well.It is suggested that you should teach him a lesson. First issue a notice through an advocate . In case your problem resolve Taj ok. Otherwise you may take legal action by filing casea under section 494 IPC, divorce case and domestic violence case. Namish Nigotia Advocate 9414066135