Advocate Navin Varma

Questions Answered by Advocate Navin Varma

Q: Kya Post dated cheque as security hai

Sir Mujhe Apni Ek gadi bechna hai Lekin kharidne wala vyakti poora payment nahi kar pa raha hai wah kah raha hai ki Aadha payment aap abhi le Lijiye aur Aadha payment gadi ke transfer Ke Baad use gadi par Hum finance kara ke de Denge aur security ke roop mein aap mujhse post dated cheque Le Lijiye aur notary kara Lijiye notary par check ke bare mein pura detail likh Denge aap se puchna Chahta Hoon Ki Kya Main post dated cheque Lene par Agar vah vyakti Mere Sath Koi fraud karta hai to kya us ke upar cheque Bounce ka case Laga sakta Hoon aur is bare mein aap mujhe kuch salah dijiye dhanyavad

Advocate Navin Varma answered
ydi bh cheque conditional deta hai to bad me cheque bounce ka mukdma nhi chlega.ydi balance bhugtan ke pavnd hone ke liye deta h to mukdma chal skta hai. iska matlab hai ki usne is set par liya ki gaadi acchi lagi to kharidnga to nhi chlega.

Q: How to get bail when case filed under sections-323, 504 and 506?

Sir mujh per 323 dhara lga hai. Cjm ne 504 aur 506 ka dhara bad me lga diya hai. Ab mera bail kaise hoga. Pl help me sir.

Advocate Navin Varma answered
There are bailable offence.the bail should be grant by law if arrest warrant had been issued by court .you must surrender in the concerning court with surety as per cort order.there is no need to worry and contect about your advocate.

Q: Can any lower court grant bail to person whose case is in high court

A person got order from High court that 2 weeks stay for criminal proceedings and there was a line that However in view of the facts and circumstances if the applicant surrender before the court concerned within two weeks and move the bail application, it is expected that the same shall be considered and disposed off as expeditiously as possible in accordance with law. Through this order will the applicant will get bail from lower court or not?

Advocate Navin Varma answered
It is depends upon facts and according applied sections of IPC by police.it is not surety to grant bail by lower court as directed by high court to dispose only on same day.if lower court finds the marit for granting bail then the court do for the same.

Q: Mental and physical harrasment of my sister and her husband

Sir/Madam, We are Hindu. I would like to ask that my sister faces lots of mental and physical harrasment by her husbands and others. Now she not want to live with her husband. Can she get allumni amount and other from him

Advocate Navin Varma answered
Yes,she should file a complain case under protection of woman from domestic violence act 2005.she can get alimony , protections and right to live with her husband's house or joint in lows family's home.if she does not want,she had right to live separate as provides by husband in compliance of order by court.

Q: Need advice on bailable warrant

A person is acussed for section 406, 420, 465 of IPC in respect of a complaint case at Magistrate court. Summon was issued and serviced, then Bailable warrant was issued and serviced by accepting a bond of Rs. 5000/-, But still the acussed was not present in court. Even on request of non bailable warrant, judge again issued bailable warrant. This can be possible??????, as i am of the view that nbw should be issued after service of summon notice and bailable warrant

Advocate Navin Varma answered
If the sufficient service of bailable warrant is filed in case file and court has also been presum the same .Thereafter non bailable warrant must be issued against the accused as per Crpc. Further you can enter in revision of sessions court.