Advocate Prem Dhurvey

Questions Answered by Advocate Prem Dhurvey

Q: unable to complete the project and client asking for refund

Dear sir, One year before I am got one website order of 1.40 lakh and get 30000 advance payment. Now I have no ability to complete that project so I want to leave that project. I developed 50% task of project and client get payment from customer before completing project and now they claim loss recovery from us. I am not telling us to get payment customer before completing project. Sir can you help me now what can I do.

Advocate Prem Dhurvey answered
First question arises, Are there any documents that you provide to other side which proof there is contract.You received payment in your account. Could you feel that he is having sufficient material to proof that he provide you an order for that worth.Have you provide any cheque to him or you are individual/prartnership/company, please share this details then i can able to help you out?

Q: Recovery of money lent in Dubai as one loan agreement signed in India

Dear Sir, me and my friend was working in dubai uae. I have given Rs25 lacs equivalent of UAE dirham to my friend in cash as short term hand loan in cash in dubai in 2016. He has given me same value cheques. after that he lost his business and now he is not returning my money. He has signed one loan agreement in india also. Please let me know how I can get my money back. With Regards

Advocate Prem Dhurvey answered
First make police complainant regarding the same. 2. File summary suit against the same person.3. Intiate 138 complaint by bouncing alll its cheques that is with you. Send reminding notice and also make notice to embassy.

Q: Clarification on dismissal of revision application filed by accussed

I am a original complainant. The accused got conviction by trial court and also by session court . But he recently filed a revision application at high court and got the bail.The high court asked him to deposit money at the press mission stage . Is there any provision that I can ask for withdrawal of money from the high court , and how can I ask the court to dismiss the revision application as it is just a ploy by the accused to drag the case.

Advocate Prem Dhurvey answered
First bail is right of an accused therefore he received and as far I am concerned he make valid submission therefore Hon'ble High Court consider plea of accused. If you not satisfied by High Court order then make appeal before Hon'ble Supreme Court or file review Application before the Hon'ble High Court.

Q: Parents forcing minor girl of 15 years to get married

I’m from a Muslim family , I’m still 15 and my parents have forcefully gotten me engaged they will get me married at the age of 18 so that it’s legal but they are forcing me to do it it’s not completely a forced marriage as the guy is comfortable w it the only issue is that I’m not, I tried making them understand but all they said is that we don’t care it will happen. Is there any legal action that I can take, I wanna live separately cause I can’t bear their pressure anymore

Advocate Prem Dhurvey answered
Yes, you do make complaint to police regarding the same and police officer act as mediator and try to resolve your grivances further you can approach women NGOs. You can separate from your parents by your own will, if they do agree you can lodge FIR against them.

Q: Search warrant issued but criminal not present in the court

myself i want to know about search warrant.Warrant done was 18th January 2018 but criminal not present in court what is the next process of court ?

Advocate Prem Dhurvey answered
In criminal court might be accused through his advocate filed exemption application Or accused presence is not required because police has to file its say. And court feel accused presence is not required therefore warrant or summon not served upon accused otherwise court shall issue summon or warrant to call accused before the court.