Advocate Prajual S

Questions Answered by Advocate Prajual S

Q: Motorcycle 400 CC GST Increase issue

I have placed an order for a Triumph 400 CC Bike on September 5 and have cleared the payment through cheque and it was debited on 8th September and I had requested delivery on 26th Sept but now the dealer is claiming he cannot deliver my bike with the colour I had placed an order for and he can only start to purchase post 22nd from the manufacturer and I have to now bear the new additional GST. He claims that the manufacturer has stopped the supply.

Advocate Prajual S answered
Hello,Since you have already paid the full amount against the invoice dated September 5th, the dealer’s failure to deliver the bike as agreed amounts to clear deficiency of service. You may issue a legal notice requiring the dealer either to deliver the bike as per the agreed terms (without charging excess GST) or to refund the full amount along with appropriate compensation.

Q: Divorce case ongoing and need advice to change the current lawyer.

I had applied for divorce in Jun2024 but I was hoping to reconcile so went to a vacation in Dec 2024 with my spouse. But their demand of making a separate house didn't stop. So I'm planning to continue the divorce case. So does that vacation part affect my case? What's the solution?

Advocate Prajual S answered
Going on a vacation together after filing for divorce will not by itself cancel or weaken your case. Courts understand that parties may try reconciliation during proceedings. Since your core issues remain unresolved and you now wish to continue with divorce, you can proceed. Just explain that the vacation was an attempt to save the marriage but did not succeed. The demand for a separate residence shows continuing incompatibility, which strengthens your ground. Discuss this openly with your new lawyer so that your case is presented clearly without confusion.

Q: Police took to station with forcefully and later arrest

Police lifted me from home just based on complaint(harresement complaint) by my wife . When i asked about complaint copy or details about complaint they didn't provide . Later i also got impulsive as they did this for 2nd time. Later they put criminal case on me saying i did obstructed in police work.Can i take action on police for taking me to police station for not telling what complaint is about . Even if there is complaint , is it required for us to go to police station without FIR ?

Advocate Prajual S answered
Police cannot forcibly take you to the station merely on the basis of a private complaint without registering an FIR or issuing proper notice under Section 41A CrPC. You have the right to know the nature of the complaint against you. If they detained you without following procedure, it amounts to illegal detention. You may challenge their action by filing a complaint before higher police authorities. However, obstruction of police work can be used against you if you resist. Therefore, it is advisable to cooperate but also insist on your legal rights, including receiving a copy of the FIR (if registered) or notice. You may also pursue departmental action against concerned officers for misconduct and seek legal remedy for unlawful detention.