Advocate Kumar Pradyuman

Questions Answered by Advocate Kumar Pradyuman

Q: About legal notice of separation from parents

Sir, i am 20 plus old and had published a public notice in newspaper about being separated from parents. I want to know if i move out from their house and stay in live in relationship with my partner , can my parents trouble us legally? If yes then what can i do? Also i am financially independent . Please help.

Advocate Kumar Pradyuman answered
First of you will need to understand the fact that you can’t be troubled legally if you live outside your family. Two questions that you need to answer are: a) are your parents financially dependent on you? b) the family property, is it self earned property of your family or inherited?

Q: i am facing an issue regarding my passport due to different Dob

When i was born my parents had made a passport for me in the year 1999. There after the passport expired and due to academic requirements my date of birth was changed to 2000 without my knowledge. Now when i turned major i reapplied with the information i had i.e the date of birth is 2000 .Now the predicament is that the passport authority is insisting on making the passport on 1999 where as all my academic and other records are made on 2000. Now there is a problem of double identity how to bring in line with this because the board also refuses to entertain any change in date of birth after one year of declaration of result . I intend to study abroad will this double identity pose a problem? Please suggest ways/means on how to handle it?

Advocate Kumar Pradyuman answered
Municipal Cooperation office has to be approached and once you get your original birth certificate, it can be used to get all documents changed accordingly.Thereafter, once the documents are changed the same can be used to get your passport.

Q: FABRICATING DOCUMENTS BY IO. AT THE BEHEST OF COMPLAINANT

IN A NUTSHELL: Complainant, after the death of her husband, barged into the institution making false allegations that the property documents are forged. Police ignored the complaints of the Victim whereas filed FIR at the behest of Complainant. In addition, Victim was arrested, for not paying bribe, alleging absconding and forgery that too from her place of work. In addition, there is proof that FSL was given several fabricated documents by I/O and Lease Deed admitted by “H” as genuine was hidden by I/O from FSL {although seized from “H” vide seizure memo}. Whereas FSL clearly exonerated Victi, their written report saying: “not able to fix authorship on A”. STATUS: The case is onboard trial court and Ch/sheet filed by IO. In Indira Jaisingh Case, Apex Court had held that investigation can be conducted in on-going court matter. EXPLORED possibility of CBI investigation under Art-32.They advised me to file in H/C u/s 482 and if rejected to revert. Who should be Opp/party

Advocate Kumar Pradyuman answered
State should be the Opposite Party as de-facto Respondent in Criminal Cases. Moreover, Direction to re-investigate cannot be given by the Court and lies within the purview of Investigating Agency as per the recent Supreme Court Judgment.

Q: Recovery of my deposited amount from Builder as ordered by District F

Builder did not complied with Consumer Court order . I filed Execution Application. Consumer Court issued over 20 NBWs . Police after 2 years has filed report that Builder is not traceable and that another Consumer Court in another matter has declared him as Proclaimed Offender

Advocate Kumar Pradyuman answered
There must be someone apart from him handling the business of the company, if that person is not traceable, then memo of party has to be amended and matter can be filed against the other person who is responsible for the acts of the firm. Otherwise, another position of law is that you can move to Company Law Tribunal for the same.

Q: Cheque Bounce Case in trading business

I am a delhi based wholesaler and I sold goods to a indore based retailer. Goods were sent through transport. Against the agreed credit period of 30 days, after around 120 days the retailer sent me 3 post dated cheques of 125000 each against my invoice amount of 380000. 1st chq was dated 17th dec, 2nd one was 26th dec and 3rd was 5 january. All cheques bounced. I sent cheque bounce notice with 15 days time limit for 1st chq on 26th dec, notice for 2nd chq on 4th jan and notice for 3rd cheque on 10th jan.1. Please advise that can i file 1 court case for all 3 cheque bounce.2. My office is in west delhi while my bank branch is in south delhi. Can i file case in court which comes under my office address jurisdiction or i will have to file case in the court which comes under my bank branch jurisdiction.Thanks for help.

Advocate Kumar Pradyuman answered
1) One case can be filed for all 3 cheques if all of them are within limitation.2) Jurisdiction will be of the bank branch.3) But you cannot claim the entire amount of 3,80,000/- you can only claim 3,75,000/- i.e. amount of the cheques.4) If in the notice, an amount higher than the amount of the corresponding cheque then that notice is invalid and you'll have to send a fresh notice.