Advocate Prity Kumari

Questions Answered by Advocate Prity Kumari

Q: How to alter grounds and prayer in writ petition in supreme court

I would like to add few more prayers and grounds in my criminal writ petition Hon'ble supreme court. My case has been listed, can I alter at this stage. In one of the grounds, I have mentioned or requested to allow me to alter these.

Advocate Prity Kumari answered
You would be required to file and Interlocutory Application in the pending Criminal writ petition before the supreme cpurt under provisions of supreme court Rules 2013 read with CPC. The application would first be listed for hearing on merits, where the court would appreciate if sufficient cause exists for the condoning the delay and the ground/prayer being added do not alter the nature of the case. Once this application is allowed you shall be permitted to file and amended memo of the Writ petition.

Q: Cheque bounce case withdrawal procedure

Due to not appearing in the court on the date of evidence, the court issued nbw against the accused. Now, a settlement is agreed between the parties and the accused paid the complainant the agreed amount. My question is that how can the complainant withdraw the case? And if he is able to withdraw the case, what happens to the warrant?

Advocate Prity Kumari answered
After final payment of the agreed settlement amount is paid by you, get a date fixed before the court concerned. You need to produce proof of complete payment as agreed before the said court. The court after recording the statement of the complainant, compound the case. Thus your case would finally stand closed.

Q: Videotaping without consent conversation with Police Constable .

A person has videotaped our conversation with Police person in his mobile without consent and that video has been distributed to lot of people from his phone. On asking police constable to file a complaint against that person constable has ignored the request and let that person go without any charge. We do not have the video with us, but he has distributed the video to of people who cna misuse that video. Can there be a complaint filed against the person in any court/police station and an action be taken against the person?

Advocate Prity Kumari answered
Yes you can lodge a complaint if the video contains something explicit and you can claim violation of your privacy. So the content of the video is important. However, if the video contains talks on something which itself is illegal or unlawful you have no legal right to approach the police and so they would not entertain your complaint.

Q: Escalation cost and delay in possession of flat by builder

Hello Sir, I have purchased a Flat in 2013. On dt. 17 July 2018, I received a mail from builder mentioning Escalation cost of 3.63 Lacs. Also they delayed the Project by 802 days and blaming Government policies for the delay. For that they have reduced the project delay to 1.5 years and giving Compensation of around 1.5 years only. I bought the Floor on CLP plan. They said the Policy guidelines cleared in 2014. If that has been the case, why they took 75% of the Payment before 2014. This is clearly an unjustified explanation. Regards,

Advocate Prity Kumari answered
You can approach the consumer court raising the issue of delay in project completion by first issuing a legal notice to the builder. However, considering the grim situation in which real estate now is, it's advisable that you first pursue the greivance internally with the builder. If the builder declines to redress it, approach the consumer court. The forum and jurisdiction of the consumer court would depend on the total price of your flat. The territorial jurisdiction would be determinable on basis registered office of the builder or the location of your flat site.

Q: procedure to send notice and claim amount in case of cheque bounce

I was given a cheque by a builder which I presented in my home bank branch. The cheque bounced because drawer stopped the payment. I sent him a notice through my email which he didn't acknowledge despite reminders. 1. Was notice through email valid and "cause of action" has started or should I send him notice from lawyer and then the time will start. 2. Also, can I present the same cheque in Delhi in a different bank where I hold account, again as I want to fight the case in Delhi. 3. If the "cause of action" has arisen can I still file case in Delhi as the Drawer is from Delhi.

Advocate Prity Kumari answered
1. The notice sent by you through email is very much valid if you raised a claim on the bounced cheque in clear terms. Sending a notice through an advocate would be treated as second notice and the limitation under the Act will start from the date of this notice2. Presenting the same cheque at Delhi will again be treated as second presentation and fresh cause of action will commence on the basis this bounced cheque. You will have to issue fresh notice after receipt of memo abput bouncing of cheque from the Bank. You can do so if time is not a concern.3. You cannot file a case of cheque bounce in delhi as the jurisdiction is decided on the basis of place of presentation of the cheque. It's advisable that you present the cheque again in your account at Delhi branch if you wish to prosecute at Delhi. The cause of action would commence from this date of presentation