Advocate Pratik Duhan

Questions Answered by Advocate Pratik Duhan (50+ answers)

Q: How to release vehicle from police station after road accident ?

My friend have taken my car for going somewhere . On the way fatal accident have taken place. He expired on the way to hospital. Insurance of the car has expired. I am the first owner of the car and I have RC of the car on my name. How to release vehicle from police custody? Give detail procedure

Advocate Pratik Duhan answered
Approach a lawyer and tell him the facts of the case , and the police station where the vehicle is standing , an application will be moved by your advocate for releasing the vehicle on superdari, on the application the police will report the vehicle is standing and after the report the application will be given back to court , and on it you will be required to furnish surety that you will produce the car as and when required by court . then proper order will be made. since the details of accident is not submitted by you therefore no further explanation can be given. in short : approach a lawyer in the locality of police station where the accident took place and the vehicle is standing and rest he will get the work done for you.

Q: What is the punishment for non payment of personal loan in india ?

Sir I took a personal loan from icici bank before..after six EMI I couldn't pay further due to job loss. Bank file a case but I didn't receive any notice... Now the case is become ex parte. Now my question is what's the maximum punishment If i couldn't repay??. Will they forfeit my property?? Or they will put me to the jail?? What is the punishment for non payment of personal loan ? Please advise

Advocate Pratik Duhan answered
if the case is being heard exparte, then you can file an application for setting aside expartee order and then defend the case and ask your lawyer to file application for compromise and see if some consensus can be arrived at. once a case is decreed, then execution will be filed wherein your property can be attached and sold if there is no property in your name then a jail term of three months might be announced. i strongly suggest you to approach a lawyer and get the expartee order set aside and get the same defended.

Q: 2 years have been completed police not filing chargesheet what I can do?

1. Why does the police delay in filing the chargesheet?
2. What can I do if the police is not filing the chargesheet?
3. What is the legal remedy available for delay in chargesheet filing?

Advocate Pratik Duhan answered
Since specific case details have not been mentioned, here is a general legal position:

• After the FIR is lodged, the police must file a chargesheet within 90 days in serious offenses.
• If the police fail to file the chargesheet within this period, the accused is entitled to default bail.
• If 90 days have passed, approach your lawyer and file for bail under Section 167(2) of CrPC (Section 187(2) of BNSS) .

Q: what happens if you get caught cheating on a university exam ?

i got caught cheating today in end semester exam of my college. i am from NIT kurukshetra, haryana. i was using a mobile phone and internet connection. will i be sentenced to jail? what is the worst that can happen to me? is cheating in exam a crime in india ?

Advocate Pratik Duhan answered
The University rules will be applicable which differ university to university. You will have to re-appear for that exam that is the minimum that can happen, There would be a hearing of your case by the university authorities. if there are enough proof then a FIR will be lodged against you and yes you will be facing jail time. so my suggestion to you is try to approach the committee with subtle and convince them not to lodge an FIR against you.

Q: Remedy as husband filing for divorce & can husband ask wife to leave house in india ?

My husband is talking of divorce.. I don't want one. He is asking me to leave the house but I am not moving out. We are staying in separate rooms. I am contributing towards home expenses. can husband throw wife out of house or can he stop financially supporting me and my son. I am Indian and working . We have properties in joint names. Do we have equal rights in the properties even after marriage. We are not living as normal couples but I am still in love with him.

Advocate Pratik Duhan answered
tHE PROPERTIES IN JOINT NAME WILL STAY IN JOINT NAME DESPITE DIVORCE BUT STILL IF YOU MOVE TOWARDS DIVORCE IT BETTER YOU SPLIT THE PROPERTIES SO THAT NO FURTHER LITIGATION PURSUES. HE CAN STOP FINANCIALLY SUPPORTING YOU IF YOU CAN EARN ON YOUR OWN BUT HE WILL STILL HAVE TO PROVIDE THE EXPENSES FOR SON TILL HE BECOMES 18NO HE CANNOT FORCE YOU OUT YOU CAN ALWAYS APPROACH COURT TO GET BACK INTO HOME IF HE USES FORCE.