Advocate Rahul Agarwal

Questions Answered by Advocate Rahul Agarwal

Q: Late Birth Registration (Varanasi) - SDM Order Denial

I was born in Varanasi, and my family shifted to Gujarat after my birth. My birth was never registered. After 35 years, while trying to register it, the sub divisional magistrate denied the order citing Aadhaar Card address is not from UP. I also subumitted school leaving certificate, 10th marksheet, and passport as proof of date of birth. Is it legal to deny birth registration based on Aadhar address considering new UP govt. ruling that Aadhar card is invalid document for bitrth registration

Advocate Rahul Agarwal answered
The refusal to register your birth only because your Aadhaar card shows an address outside Uttar Pradesh is not legal. Birth registration is governed by the Registration of Births and Deaths Act, 1969. Under this law, the deciding factors are the date and place of birth, not the present residential address of the applicant. A person born in Varanasi remains entitled to birth registration in Uttar Pradesh, even if the family shifted to another state later.Further, as per recent UP Government instructions, Aadhaar card is not a mandatory or valid document for birth registration, particularly in delayed registration cases. Therefore, relying on Aadhaar address to reject the application is incorrect.You have already submitted reliable and accepted documents such as the school leaving certificate, 10th marksheet, and passport, all of which record your date of birth consistently. These documents are commonly relied upon for delayed birth registration after proper verification.The Sub-Divisional Magistrate is required to conduct an inquiry and examine the evidence placed on record. Rejection without proper consideration of these documents amounts to arbitrary and unlawful exercise of power. Such an order can be legally challenged before the appropriate authority or the High Court for reconsideration and issuance of birth registration.

Q: Non payment of gst invoice of which tax deposited by us

Is there any law in gst to recover payment of gst invoice of which gst amount deposited by us

Advocate Rahul Agarwal answered
Under GST law, there is no direct provision that allows recovery of unpaid invoice amounts through the GST department, even if GST on the invoice has already been paid to the Government. GST authorities deal only with tax collection and compliance, not with recovery of business dues.However, this does not mean the amount is lost. Once an invoice is raised and GST is deposited, the buyer is legally bound to pay the full invoice value, including the GST amount. GST paid by you becomes part of the consideration payable by the customer.The correct and effective remedy is legal recovery through civil or commercial proceedings. We can file a recovery suit / summary suit / arbitration, depending on the documents and contract. The GST component already paid by you can be clearly claimed and courts generally allow recovery when invoices and tax payment are proved.GST law itself supports this position because tax becomes payable at the time of supply, not on receipt of payment, which is why suppliers often have to pay GST even when customers delay payment.Therefore, the practical solution is to proceed with legal recovery against the buyer, along with interest and costs, rather than approaching GST authorities for recovery.

Q: date of birth correction in birth certificate

my son date of birth is 2007 in cbsce mark sheet it is 2006 in birth certificate.birth .certificate was made on self declaration and addidavit and not on hospital certificate .nagar palika lalitpur is not making change .can your service able to get make correction .

Advocate Rahul Agarwal answered
The remedy before the Allahabad High Court for correcting the date of birth discrepancy in your son’s CBSE marksheet (showing 2006 instead of actual 2007 as per birth certificate) is to file a writ petition under Article 226 of the Constitution of India.Since the Nagar Palika (Lalitpur) refuses to correct the birth certificate (issued on self-declaration and affidavit, without hospital record), and CBSE typically requires official supporting documents or court orders for changes (especially after time limits under their byelaws), approach the High Court for a direction (mandamus) to CBSE to correct the marksheet as per the correct date of birth.Key points for the petition:• Attach all evidence: Original birth certificate (even if self-declared), school records, affidavit explaining the error, any other proofs like Aadhaar, school admission forms, etc.• Argue that the discrepancy causes hardship in education/jobs, the error is bona fide, and CBSE has power to correct with court direction (as seen in various High Court/Supreme Court cases).• Pray for: Quashing/refusal rejection if any, and direction to CBSE to update the marksheet/certificate to reflect 2007 DOB.• File promptly, as delays may weaken the case (though no strict bar for genuine errors).Engage an experienced lawyer in Allahabad High Court for drafting/filing, as success depends on strong evidence and pleadings. Courts often grant relief in such genuine clerical/family declaration cases to prevent injustice.On filing, seek interim relief if urgent. This writ is maintainable against CBSE (public authority) for enforcing fundamental rights/justice.

Q: Two criminal case pending and pw1 not appear for cross

I have pending two criminal case institute on FIR 1. u/s 354,354d and 506 ipc stage of case : pending for cross examination of PW1 and 2. U/s 65 ,67 of IT Act Stage of case : summon to PW1 .In both case the complainant was same and accused also same . Case 1 : pending for cross examin since 2019 and in ordersheet summon order written . Then what to do on next date

Advocate Rahul Agarwal answered
In both cases, since summons are already issued, the simple step is this:Go to the Allahabad High Court and file an application under Section 528 BNSS to quash (cancel) both cases.This is a normal and good option when the same person has filed two cases against the same person, the matters are connected, and one case is stuck for many years (cross-examination pending since 2019).The High Court has special power under Section 528 to stop cases if they look like harassment, waste of time, or unfair. Even after summons, you can ask the High Court to end the cases.What to do next:• Collect all papers (FIR, charge-sheet, court orders).• File the application quickly in High Court.• Ask for a temporary stay (stop) on the lower court so no cross-examination happens right now.On the next date in the trial court, go with your lawyer and say: “We are filing in High Court for quashing, please give some time (adjournment).” This avoids moving forward in a hurry.Talk to a good criminal lawyer who works in Allahabad High Court. They will write and file it properly. Many times this works well in cases like yours.