Advocate Pradeep Kumar Deomani

Questions Answered by Advocate Pradeep Kumar Deomani

Q: How to quash case when having proof of not committing crime?

I am a government employee. Someone falsely file a case against me under section 379/34.The time mentioned in chargesheet is around 5 to 6 PM.That day I was present on my duty between 8 to 4:30pm and I can't reached the said place between 5 to 6 as it will take around min 2hrs to reached there and I have a proof.Should I go for queshing or I have to take ABP.How much time it will take in Queshing..

Advocate Pradeep Kumar Deomani answered
Plea of alibi (i.e. absence from the place of occurrence) alone cannot be a ground for quashing. If other grounds for quashing are available, then you should definitely move for the same.In my opinion you should also move for ABP simultaneously.

Q: Can an accident insurance claim be filed in consumer court after 5yrs

My father working in a steel company died in a accident in year march 2007.ha had a accident insurance policy from national insurance company,head office XYZ and branch office in ABC.As my home town is DEF I filed a case in consumer court in patna after they refused to pay.In the year 2012 court judgement came and it says to file a case in ABC .Can I file a case after 5 years in ABC consumer court?

Advocate Pradeep Kumar Deomani answered
Yes, you can definitely file the case, but you will have to explain the delay in filing the case. And the first hearing will be on the point of condonation of delay. And if the delay is condoned, only then the matter will be decided on merits.

Q: Conviction u/s 376 D IPC but no medical report recorded

For false alligation of 376 D my brother got sentence of 20 year by Hazaribag court although the case was registered after more than a year and didn't have any medical report

Advocate Pradeep Kumar Deomani answered
Your brother should challenge the judgement of conviction and the order of sentence before the Hon'ble High Court of Jharkhand, taking all the grounds which are factually and legally available. This is the only remedy for him.

Q: Right to buy neighbor's property

Neighbor is selling his house without informing me. Pl. Advice so that I can stop him from selling it to others because I can buy it. If at all he has already sold it to other. What is way forward?

Advocate Pradeep Kumar Deomani answered
If your neighbour is selling out his house, he has no legal duty to inform you. And you cannot legally stop him from doing so.This principle is applicable only in the case of the property of the co-sharers of a joint family.

Q: How will property be distributed among children from two wives

What is the rule of property distribution if a man who married to another women after the death of his first wife.From his first wife he has 1 son and from his second wife he has 3 son.Now,in how many parts his property is divided 1.. 2 parts(between son of two wives) Or 2. 4 parts(equally between all son) ?

Advocate Pradeep Kumar Deomani answered
If the man married another woman after the death of his first wife and the second wife is alive, then the property of the said man shall be divided into five equal parts and distributed among his second wife and all four sons.