Advocate Prafful Bhardwaj

Questions Answered by Advocate Prafful Bhardwaj

Q: Workmen died under my supervision and FIR 304 registered against me.

I am working in a private company, 4 months back I was the shift in-charge, there was pump replacement work going on, due to some reason i had to sent the workmen to other place, then he came back to original pump work, the pump fell down on the person and person died. Due to this reason a case of 304 has registered against me. What can i do in this situation?

Advocate Prafful Bhardwaj answered
Respected sir,As per your contentions,you are strictly advised to consult a lawyer, immediately without any delay, along with copy of fir,as it attracts penal punishment, further you are requested not to disclose anything,unless and until you are advised by the advocate, you are further adviced to corporate in police investigation without any hindrance.Regards

Q: Air and noise pollution caused by dall mill operated by my neighbour

My neighbor has been operating a DAL MILL adjacent to my house for past few years. His mill causes tremendous air and sound pollution. There is a constant vibration and sound in my house due to this. I have wriiten many emails to both the state and central pollution control board. Last month , i had sent complaint to SPCB,CPCB ,chief minister greviance cell and local muncipal corporation via registered post.But i have not received any reply from them. Please suggest what should i do?

Advocate Prafful Bhardwaj answered
Respected sir/mamAs per above Contention, it is prevalent that you may file a suit for injunction under specfic relief act, for immediate relief. You must approach a legal counsel immediately without waiting for reply.Regards

Q: Builder promised to return the remaining amount now refusing

I have booked a shop with a builder three years back and given them appx Rs 1030000 3 years back for which i have got the receipts . As no progress has been done till date, so i approached them to refund my money along with the property dealer who booked my shop with them. Builder has agreed to give my money back but only around Rs 740000 almost cutting Rs 300000/- for no reason. They say it is their company policy whereas as per their letter they charge 21% interest for delayed payment. They have used my money for 3 years and not even paying my full amount apart from interest. Pls advise.

Advocate Prafful Bhardwaj answered
Respected sir/mamYou may fille a suit in consumer forum for recovery of amount & compensation along with interest pendente lite, which must be done while keeping in consideration of booking form (if any). After vetting all the documents in your possession it may be possible that certain penal proceeding may be initiated.you must consult a lawyer immediately.Regards

Q: Planning to do court what are the documents required and procedure?

We both are above the age of 20 years. We are planning to do court marriage. What are the documents required and what is the procedure?

Advocate Prafful Bhardwaj answered
Hello sir/mamAs per your querie, in accordance with Hindu marriage act,the age of groom must be 21yrs and bride's age must be above 18 yrs. Everyone is free to marry person of his or her choice for this they can apply for court marriage, before hon'ble SDM court which issues certificate of marriage after it is duly satisfied.Procedure- application is filled before concerned SDM in accordance with the jurisdiction, documents required Application form duly signed by both husband and wife.Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.Ration card of husband or wife whose area SDM has been approached for the certificate.In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.Two passport size photographs of both the parties and one marriage photograph.Marriage invitation card, if available.If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.Rs. 100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).All documents excluding receipt should be attested by a Gazetted Officer.Regards.