Advocate Raj Girish Suwalka

Questions Answered by Advocate Raj Girish Suwalka

Q: borrower not giving back the money. what are my options

I have given some money to one individual who in turn gave me undated cheque of his company. he is not giving me the promised interest for last 6 months nor returning the principal amount. shall I submit the cheques to my bank which will be bounced as there is no money in his account. I want to know the course of action to recover my money.

Advocate Raj Girish Suwalka answered
You have to file case under 138 of NI act in order to recover money , or you can file police complaint in this matter under section 420 , you should have proper documentation in this matter with the original cheques

Q: Regarding cbi special court

Jab cbi chargsheet bana kar court me jama kare aur jab hon. Judge phir se janch ke aadesh dete hai uske bad kya hota

Advocate Raj Girish Suwalka answered
Re investigation will be conducted by CBI and then after a new report will be filed by the CBI after taking consideration of the point raised for re investigation , CBI can again submit chargesheet .

Q: Land purchased later found to be acquired by government

Dear Advocate consultants i had purchase a land (Plot) 18 march 2007 after 2012 i found it acquired by airport authority of Jaipur on investigation all document i was found that .government has already taken its into gazette notification 3 jan 2007 and collector give 30 day time for hearing but it was publish in daily news paper after six month june 2007 .In the year 2016 i have registered a case under ipc 420 -------but police (IO) is ignoring the gazette notification and he is considering only the news that was publish in the new paper after six month the gazette notification sir please give me suggestion regarding this case and tell me whether the court will consider with gazette notification or not. 

Advocate Raj Girish Suwalka answered
Gazette notification itself a documentary evidence and are legally valid documents, but till we do not go through the whole matter and all the papers no comments can be given in this as if property was under acquisition.

Q: Can wife claim husband's life insurance,who died in road accident?

ek commercial taxi ka full bima hai or v tourist permit chal rhi hai ! uski total seating capicity 9 hai us texi m 11 savari travel kar rhi hai us taxi ka accident hota hai usme se ek svari ki maut ho jati hai.kya us mre hue vaykti ka claim usli wife ko bima company degi ya nhi?

Advocate Raj Girish Suwalka answered
Claim can be lodge under MACT act and will be payable to the wife.Due procedure is to be follow alongwith filing of FIR and other related documents.The vehicles should carry a proper Insurance policy.

Q: Can govt employee can file a case of harassment and defamation

A central govt employee was issued a memorandum/ chargesheet on the basis of fabricated facts. Even the charges were levelled on the basis of assumption without any documentary support. It has been proved that the memorandum was containing fabricated facts as well as assumption of facts. In the last the employee has been exonerated by the disciplinary authrity. The chargesheet/ memorandum delayed the promotion for about two years. Now the employee desires to file a case of mental harassment/ defamanation against the authority who issued chargesheet and one of the witness who spoke falsely during inquiry. Now my question is "whether a central govt employee can file a case of harassment and defamation against his employer (i.e the authority who issued chargesheet) on the grounds stated above, if yes what would be the procedure

Advocate Raj Girish Suwalka answered
No, a central govt. Employee cannot file such case , as his superior is doing his job , he has right to issue such memorandum because it his duty to question any allegations of the employee, no such type of cases are allowed