Advocate Parinita Sehrawat

Questions Answered by Advocate Parinita Sehrawat (25+ answers)

Q: Magistrate court cc private case

If 309 crpc petition filed for expeditious disposal because 4 adjournments seeked by respondent counsel sayin they are busy in some other court...is it allowed same hearing or if respondent raises oral objection what happens to 309 crpc petition allowing

Advocate Parinita Sehrawat answered
Under the proviso to Section 309(2) CrPC, counsel being engaged in another court is strictly not a valid ground for adjournment, meaning the court can hear and allow your application on the same day despite any oral objections. If opposing counsel merely objects verbally, the court can reject the plea, impose heavy costs, or record a final warning against further delays. Successfully pressing this on the spot requires placing the relevant statutory bar and supporting precedents on record so the judge doesn't grant another routine date. You can connect with me through this platform and share the previous order sheets so we can examine the delay pattern and prepare a firm courtroom strategy to expedite your trial.

Q: CVC complaints closed without enquiry

filed 2 Complaints in CVC portal against a Central PSU . Both complaints were closed and RTI revealed that no Enquiry was made into complaints and were closed without any Enquiry. I filed 3rd complaint for closing complaints without enquiry. complaints had matter related financial irregularities, manipulation of office records, misuse of administrative power (selective use to initiate a enquiry), etc. contents were verifiable from available office records and mails. WHat can we do now ?

Advocate Parinita Sehrawat answered
Filing repeated complaints on the same portal will likely result in routine administrative closures. Since you possess documentary evidence of financial irregularities and record manipulation, you have concrete legal remedies available:1. Writ petition before HC 2. Given the allegations of financial misconduct and manipulation of records, a formal complaint can be instituted before the competent Special Court / jurisdictional Magistrate (under the applicable provisions of the PC Act and BNSS) seeking directions for an investigation.3.For high-level public functionaries and officials of Central PSUs, the Lokpal possesses statutory powers to direct preliminary inquiry through agencies like the CVC or CBI.Feel free to connect directly through the platform consultation option and share the complaint files and RTI replies for the most effect remedy for you.

Q: Me& my wife Co-owner 50% each of a DDA Flat. I want to Relin

Me& my wife Co-owner 50% each of a DDA Flat. I want to Relinquish my 50% in wife's favour.1. Is it 100% Legal?2. What are the costs including Advocates Fee.

Advocate Parinita Sehrawat answered
Yes, relinquishing your 50% share in a co-owned DDA flat in favor of your wife is 100% legal. The standard and legally recognized method to execute this transaction is through a registered Relinquishment Deed or a Gift Deed. Please feel free to connect through my profile to schedule a detailed consultation so we can calculate the exact circle rate values, stamp duties, and discuss the drafting process.

Q: APPLICATION UNDER ORDER XII RULE 6 READ WITH SECTION 151 OF THE CODE O

1. That the present suit for specific performance arises out of an alleged Agreement to Sell dated 23.10.2006. The Defendants have consistently disputed the Plaintiff’s claim, authority, and maintainability of the suit since inception.2. That the present application is founded upon clear documentary admissions emerging from:o Exhibited bank records already on record as Ex. DW-1/1 and Ex. DW-1/2;o Statutory filings made before the Registrar of Companies;o Audited financial statements .

Advocate Parinita Sehrawat answered
Success at this stage depends entirely on how seamlessly these financial documents are synthesized, co-related, and presented during oral arguments to prove the plaintiff's case is legally unsustainable. Since a 2006 agreement also involves complex issues of limitation and equity, the precise drafting of your pleadings is critical. You may share a copy of the application and the plaints through my profile so we can analyse the exact strength of these admissions and map out a bulletproof line of argument for your upcoming hearing.

Q: What is difference reject or deny of my application

My advocate suggest I file application to make defendant comply, but he say judge may not accept. I permit him to file application, but judge reject application. I tell him to seek revision, but he say he say judge not deny but reject application so revision or appeal not okay to do. Is my advocate advise correct.

Advocate Parinita Sehrawat answered
Yes, your advocate’s advice appears to be legally sound based on the context of criminal law.In criminal proceedings, the maintainability of a revision or appeal depends entirely on the nature of the court's order. Depends on whether your matter is civil or criminal. If the judge rejected your application on technical grounds or because it was procedurally premature (without dealing with the core merits of the right you claimed), your advocate might be right that a revision petition is not maintainable. Under Section 397(2) of the CrPC (or the corresponding provision of the BNSS), revision powers cannot be exercised against purely interlocutory orders.