Advocate Rahul Tamaskar

Questions Answered by Advocate Rahul Tamaskar

Q: Legal remedy as daughter- in- law filed false case against in-laws

My mother and brother has been stucked in between daughter in law who is character less we have an evidence but my mother is in jail from last 6 days,case is started in 2010 I want advice what we have to do our bail did not perform well.

Advocate Rahul Tamaskar answered
Dear sir,If you havent applied for bail, do that immediately. Also, you should contest the matter before the trial court strongly as today, after several judgments of Hon’ble Supreme Court rate of conviction in 498 A cases has reduced substantially to curb the misuse of provision. However, rest depends on allegations and evidence adduced for which the trial is required to be properly contested.

Q: Can a DV case resolved in lok adalat be reopened

Can a D V case resolved in Lok adalat Reopened. My husband promised not to repeat any of the previous mistakes and to take back his divorce case but has done nothing. I can feel he is still cheating on us

Advocate Rahul Tamaskar answered
The case can certainly be reopened in case the terms of compromise have not been adhered to, as it is effectively a decree. You can also take up contempt proceeding before the Court for violation of terms of compromise. You can avail remedies as per your choice.

Q: What to do if a case is pending and i am not given a chance to speak

i was charged with 90lacs of DA in PC ACT by ACB and during trial i clarified amt. 1crore but after 313 district judge increased the amount to 2crore without noticing me no CHANCE WAS given to clarify and sentenced me 7 years prison can he legaly do this and prosecution could not prove the case even.he overcame the cross statement in my favour

Advocate Rahul Tamaskar answered
As i understand, yoi mean to say that despite evidence in your favour, you have been convicted by the sessions court. As of now, it is advisable that you pursue the appeal strongly. 313 would be not of much relevance if there are other evidences in your favour.

Q: What are the grounds on which Bail is granted ?

My father was acquitted in PCA act but convicted in ipc sec 420.He is physically handicapped and is 60 years of age.He took charge of office after 6 months of occurence of crime.He was not involved but got convicted. The decision came after 20 years of trial.We have filed the case in High court.Will he get bail and more importantly suspension on sentence given by lower court

Advocate Rahul Tamaskar answered
Dear Sir, Consideration for case for grant of suspension of sentence depends and varies on facts of every case. However, it also depends on the quantum of sentence, lesser the sentence, easier it gets to procure suspension of sentence, physical condition of the applicant also becomes a consideration. As i understand, an appeal has already been preferred and must have been filed alongwith application of suspension of sentence, hence substantially everything required to be done at your end is already done and grant or rejection of application would depend on facts of the case and there is no straight jacket formula to tell if the suspension will be granted or not. Thanks and Regards.

Q: Legal remedy in case of stray cats being killed by neighbours

Is there any law in India for protecting stray cats in the locality as my neighbour has killed two cats and thrown them in open water well present in his premises and when I opposed it, they threatened to take severe action on other stray cats in the locality with the help of local municipal authority if stray cat enter his premises as he dislike them. Please suggest your kind opinion how can I protect the innocent cats from his cruelty.

Advocate Rahul Tamaskar answered
Yes, please lodge an FIR with police without delay as such issues need to be taken seriously. It is a criminal offence defined under IPC and prevention of cruelty to animals act. There is a lot more in this to be answered here.