Advocate Prabhakar Pandey

Questions Answered by Advocate Prabhakar Pandey (25+ answers)

Q: What is the time limit for filling an undated cheque and the validity of a cheque without a date?

What is the time limit for filling the date portion in an undated cheque, which is otherwise complete, given to me as security for a loan of 30 lakhs by cheque 14 months ago? The debtor is not repaying the money, and there is no loan agreement between us. All I have is a signed piece of paper acknowledging the loan, with no specified date of repayment and the rate of interest mentioned. Please share your advice on the validity of a cheque without a date.

Advocate Prabhakar Pandey answered
You have not mentioned as to how many cheques you have. If you have many cheques, you can fill if there is default of 3 or 4 installment and you should say the cheque was given after default committed in repayment. However in law there is no such rule when you can fill up the cheque. When there's is outstanding you may fill up full amout by terminating loan agreement. Please complete your loan paper by mentioning date and rate of interest.

Q: How to challenge interim maintenance order?

I am involved in a divorce case filed in Karkardooma family court. My case has gone through two official court sessions, with the latest on 17.02.2018, where the judge passed an interim maintenance verdict requiring me to pay my wife Rs. 50,000 as maintenance. Despite my own expenses detailed in the initial petition, my wife still stays at the matrimonial house while I do not. I have a 6-year-old son and a monthly salary of Rs. 44,000. Is there any way I can appeal against this interim maintenance order, as my lawyer did not appear in court on that day, and I believe we could have fought against this decision more effectively?

Advocate Prabhakar Pandey answered
Definitely you have right to challenge the interim order before the Hon,ble high court. You have to prove what is your income and also to prove if your wife is earning something. However if wife is not earning them you have to pay maintenance as per your salary and your will be considered while passing order for maintenance.

Q: Change of child surname after divorce what to do

I applied to change my sons surname to my maiden surname in school with all the relevant dicuments but school officials are saying that the surname cant be changed. What should i do? Can I get any legal rule copy to show to school authorities in my favour?

Advocate Prabhakar Pandey answered
Dear madamAs per my opinion, your husband is still biological father of your child and daughter is still minor. You have no right to remove the surname of your husband from her daughter's name. Once your daughter becomes major she can remove your ex husband's name after publishing in official gezzette notification of the concerned govt. You can not be allowed to change surname or your daughter once added.

Q: What remedy can company avail for loss of opportunity in other project

A company engaged in managing public parking in various airports. It gets into a license agreement with a airport in a particular state. Few months into the agreement there is a dispute with regards to the quantum of license fee as the area alloted to the company by AAI has been substantially reduced. Futher the company is disqualified from bidding for a tender in other state for parking space since the tender terms state that participants having any pending dues in any project will be disqualified. What is the remedy the company can avail for loss of opportunity in second project?

Advocate Prabhakar Pandey answered
Dear sirYour company can file a suit for recovery of your dues from the AAI and also for the future damages caused to you on the ground that due to fault of AAI your company disqualified from bidding in further contract. Write a letter him to resolve problem as soon as possible

Q: How to remove biological fathers name from child document

im from delhi i am divorced and my daughter is in school class 6th. i got married again in 2012 and now i want to put my girl in new school but her TC has all the old information. but i dont want my X husbands name on any of my daughters documents, what should i do

Advocate Prabhakar Pandey answered
As per my opinion you have no right to remove the surname of her biological father at this stage as the daughter still has the name of her father and your daughter is still a minor. Once your daughter become major, She has right to remove her father's surname or change her name