Advocate Raj Kumar Mahay

Questions Answered by Advocate Raj Kumar Mahay

Q: Action against college for rusticating student without any reason

Sir/madam My son is studying pursuing Bcom semester-4 in a punjab university affilated college in Ludhiana (punjab). For no such solid reason he had been rusticated , we as a parents trying to get in touch with the principal as well as the chairman of the college but they are just keep avoiding us , Even though we & all the students in the college knows that very well that my son has not done anything wrong we are still ready to apologize and have sent so many apologizing messages but no body is listening , please advice what legal action should we take now , Thanking you & oblige

Advocate Raj Kumar Mahay answered
if there is any serious problem, then you may file complaint against the college staff to the University authorities or to the police officials with complete detail of misconduct. first of all you must gone through the entire lis.

Q: Procedure after filing of charge sheet under section 354

Case of IPC 354 had been registered on me in sept 2016. Girl was in relation with me for more than 3 years. Her father registered the case and girl said that we were just friends but i have couple photos, call recordings, messages with me. Today on 8 feb 2018 my challan is submitted in court. What to do know and what will happen next ?

Advocate Raj Kumar Mahay answered
section 354 says that Assault or use of criminal force to woman with intent to outrage her modesty. if the statement of girl is not again you, then no case is made out against you. you have tried your best to depose the evidence of girl in your favour.

Q: Can PIL be filed to take an order from court to free birds?

I am a law student and i want to know about the scenario's legal point of view. SCENARIO:- A party was selling caged parrots (my question its legal or illegal to sell them? Publically or privately) I felt pitied on the plight of parrots so i thought to went on and purchase one cage With 10 parrots and free them. I asked the party the price of the cage (which included 10 parrots) they said 250₹ i said ok and i told them m gonna pay them n free the birds there so they help me acc. freeing the birds there at the stall one by one i freed them n afterwards when i was gonna pay them 250₹ they breached the earlier conversation and told me to pay 2500₹ (I paid them) What should i have done legally? And according to legal actions? I shouldn't have paid them a single penny n freed all the animals of the stall N they couldn't take any action against me because it's they who's commiting a crime and i m in the interest of justice? Or Should i file a PIL n take order frm court to free birds?

Advocate Raj Kumar Mahay answered
as per the Wild Life and Protection Act the selling of caged parrots are illegal. you can file PIL for getting order from your concerned high court to got free the birds. more over the selling of caged parrots is a offence

Q: Procedure to file defamation case against depot holder by inspector.

I am serving in as food supply inspector. On a false complaint of a Depot holder of my department, the case of PC ACT under 7,13(2) was registered against me in 2015. Now on 2.01.2018, I am hereby acquitted of the charges framed against me by the Honorable Court . I want now about the procedure of Defamation Case to be filed against the depot holder.

Advocate Raj Kumar Mahay answered
the limitation for filing the complaint for defamation is one year. so that now you cannot filed the complaint for defamation. now you have acquitted from the charges of PC Act under 7,13,(2), so that you can file the case for malicious prosecution after gone through the Judgement, on which point you have acquitted.

Q: Can fixed deposit be submitted to obtain bail

Can I place fd as bail.what are complications

Advocate Raj Kumar Mahay answered
yes, you can place the FDR as a surety. there is no complications in this regard. when you submitted the FDR as a surety, then you have gave undertaking in the form of affidavit, that in case the accused failed to appear before the Ld. Trial Court, then the prosecution has got the right to encash the said FDR.