Advocate Prakash Khandelwal

Questions Answered by Advocate Prakash Khandelwal

Q: Investigating Officer not appearing in front of court. What to do ?

Hi, There is a case under section 323 and 406 IPC, all the witnesses from the petition side are complete. From last two years court is summoning IO (Investigating Officer) for witness of charge sheet. Q1 - If IO does not appear in the court and does not proves the charge - sheet then will the civil judge dismiss the case or not or what difference will it make to the case? Q2 - Till when the court will kept summoning IO if he is not appearing?

Advocate Prakash Khandelwal answered
q1. If the investigation officer does not come to the court, it will benefit the defense case. Q2. if Investigation officer does come to the court, the court may issue bailable and non bailable warrant against the I.O.

Q: Schedule cast certificate valid for government job?

Sir with due respect. My grand father is a bengali settler came to India from Bangladesh in 1960 Under D. N. K project. At the time government of India provide migration family card where his cast mentioned as khtriya which is a general cast in odisha but government of odisha provide settlement land patta where his cast mentioned as Namasudra which is a schedule cast in odisha. Hence my real cast is khtriya. But l got a schedule cast certificate showing my grand father land patta. recently got a government job. When I applying for the job I produce schedule cast certificate but I selected under unreserved category. Is it any problem for me in future...if any one complain about the cast certificate. Please help me sir...

Advocate Prakash Khandelwal answered
As you have produced a false scheduled cast certificate, it is an offence under section 468 and 471. But you have not taken any benefit out of this false certificate so it is not covered under section 420.

Q: Project not fully completed till date can we claim for compensation

I have booked an office space in Manesar.They have sold the office on the basis of the full project includes Retail space, Office space, 5* Hotel. project delayed also they gave us delayed compensation but not at par as still the project is not fully operational nor fully constructed they just to overcome the litigation they pressurized us for possession. We took possession just to safeguard our investment but still not able to lease as the other part of the project is still a dummy. Kindly guide us can we demand compensation or not. He has taken an Indemnity bond signed by us but before that, I have written in the letter that I am taking this project under protest.Kindly advice us

Advocate Prakash Khandelwal answered
As the project is not complete, so your office space is not as valuable or useful as you envisaged at the time of booking. So due to non completion of the project you are suffering financial loss, you file a suit for damages.

Q: Wife not coming to matrimonial house. What can be done ?

My wife want to separate from parents without any reason and they can't live with us from last 8 months.she denies to come to house.

Advocate Prakash Khandelwal answered
You may file petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Family Court having territorial jurisdiction. It may be filed in the court having territorial court where you married.

Q: 5000 commission given to clear stolen cheque would it be criminal case

One person has stole some cheques out of which he cleared 2 cheques through bank account of my client ( at the time of clearing the cheques my client was unaware of the fact that the said cheques were stolen cheques and my client was also paid rs 5000 as commission in lieu of clearing these cheques into his bank account) whether my client will be guilty under section 120b of ipc.

Advocate Prakash Khandelwal answered
you have not clearified as to what is the status of your client. Why he was paid commission ? What is your status viz a viz your client ? Who has filed the complaint ? It is not possible to answer your query. Sorry.