Advocate Nirmiti Karekar

Questions Answered by Advocate Nirmiti Karekar (25+ answers)

Q: I have given a complain copy to police Station but police is not takin

I have given a complain copy to police Station but police is not takin

Advocate Nirmiti Karekar answered
What type of Complaint is it? Civil or Criminal ? Since the police station is not accepting the complaint, post a written complaint regarding your issue, also mentioning refusal by the concerned police station of your complaint to the Superintendent Of Police (SP) or Deputy SP of your area. If still not addressed by the SP OR DSP, you can approach Magistrate with the complaint. All The Best.

Q: What should i proceed with in this criminal case

Police Performed a raid at my shop and found one packet of ghutka and was informed to pay rs500 when they called to meet us.They didn't called us back for weeks but now they called and told us to come meet tomorrow and told us they would like you to summon in court (which i think is just a way to make us pay more). Should i go and pay a visit to them where they might ask for more money or i do have a political connection in the family(MLA) whom i can call what should i do?

Advocate Nirmiti Karekar answered
Contact A Lawyer, if you are insisted to visit the Police Station, let an Advocate accompany you. If you visit alone, ask them politely which laws/regulations have you broken, as you are unaware. I will suggest not to visit unless and until you have a notice by the Police, which states the reasons for them to call you for the questioning. (Sec 41 A CrPC) Without any complaint/FIR you can't be summoned by the Courts in your case. And whenever you are summoned by the Court, it will be by that Court and not through any Police Officer/Police station. All The Best.

Q: Khoti case keliy wife ne dv chi

Khoti case dv chi keli ahe ticha district madhun mi ticha vr maza district madhun konti case karu sakto ka

Advocate Nirmiti Karekar answered
Namaskar, Ji DV chi case file keli ahe, tyavarun apan kay file karu shakto he pahava lagel, ki navin case file karaychi, ki strategically case defend karaychi. Tari,FIR quash sathi section 482 CrPC under petition dakhil karu shakto, he bolun ki allegations aahet te false aahet, khote aahet. Defamation file karu shakta, 499 under. Ajun barech kahi legal upaay tumhi use karu shakta. Tumchya case details vachun, study karun me tumhala better guide karu shaken. All The Best.

Q: disconnection of water supply:

Housing society has disconnected most of my water supply on false claims of leakage, fire and electrical danger. Remaining water supply also threatened. Under which Articles, Acts and Sections can I get relief from the Bombay High Court?

Advocate Nirmiti Karekar answered
The Society cannot disconnect essential services like water supply without BMCs permission is there BMC permission? There are many laws and regulations for the remedies. IPC (BNS) , CPC, CONSTITUTION. Eg - Art 21 and 300A - ConstitutionSec 426, 341 - IPC Civil remedies can be availed like Injunction orders to restrain society from disconnecting the water supply. Complaint should also be initially made to the Registrar of Cooperative Societies. Writ Petition under Art 226 in Bombay High Court - For violation of fundamental rights. Once the details are known, many such sections, acts, regulations, articles can be levied. All The Best.

Q: Reply to section 12 of DV by respondents

The DV complaints was filed against respondent's 1 to 5 including members of shared household (husband and in laws).Reply is filed only by husband and the other respondent's didn't file separate reply, or affidavit or verification. The husband has not put on record any authorization or power of attorney to file reply on their behalf. So this type of DV reply filing violates which CPC or CrPC? I know general practice is different than law sometimes yet it is a procedural misconduct.

Advocate Nirmiti Karekar answered
Yes it violates CPC orders, where a party is to be represented by a pleader (advocate), and where there are multiple parties, one person should at least show Power or Attorney or Vakalatnama from each respondents. If no authorization is showed by other respondents, then objection can be filed before the Court stating that since there is no authorization attached for the other respondents, the reply (filed only by husband without POA) cannot be considered for other respondents. if they still dont file, the Court may be requested to proceed against them Ex-Parte. All The Best.