Advocate Rajat Joseph

Questions Answered by Advocate Rajat Joseph

Q: What is the procedure of quashing of FIR

Sir,my daughter and my wife travel from A to B.they are traveling ac-3 tier one of the co passenger consumed liqure and when my daughter go to bathroom he follow her and try to touch my daughter.A statement given my daughter for this regard incident and railway police enquery the matter and accused passenger removed from the train.My daughter is 19 years old she is studying under graduate course. she herself and as a parrents we are not at all interested to carry the case.now investigatig officer asking a statement from my daughter for chargesheted the accused person.we are not at all interested the matter as she is studying and we are not want to distrub.for this context please give me advice what is my next course of action.

Advocate Rajat Joseph answered
In your case both parties may compromise the matter between them and jointly file a quashing petition before the concerned high court seeking quashing of the FIR. If the high court is satisfied it may allow your petition and the case would then stand closed

Q: registration for second marriage post obtaining decree of divorce

Hi, I have got my decree of divorce a week back and now I want to register for second marriage so would I be able to register it Hassel free .My religion is Sikh and boy is also Sikh.

Advocate Rajat Joseph answered
Yes madam, once a competent court of jurisdiction has granted you a decree of divorce in respect of your first marriage there is no impediment to you entering into a second marriage and having the same registered provided all other conditions are fulfilled

Q: Grant of Special leave petition

Does the grant of Special Leave mean that the Court finds merits to interfere into the Impugned Order ?

Advocate Rajat Joseph answered
The grant of leave implies that the matter needs to be considered on merits before arriving at a conclusion one way or the other. It is no guarantee of interference in the order of the lower court and should not be construed as such

Q: How to cancel an agreement once registered

sir maine builder se collboration ke liye general agreement kiya tha sub resister office janak puri mai ab vo kaam ke liye mana kar raha hai aur agreement cancel bhe nahi kar rah akya mai sub register office mai application de sakta hu agreement cancel ke liye please help

Advocate Rajat Joseph answered
Sir, the terms of the agreement that you have executed with the builder will have to be studied before any comment can definitively be made upon your query. However, assuming that the agreement provides for cancellation of the agreement in the event of breach by the builder you have the right to do so as provided in the agreement

Q: Is it legal to rent a property without a rent agreement

Is it legal to rent a house or a part of it to students without a rent agreement? If not, what action should be taken against a house owner to ensure they enter the regulated environment? I am a UPSC aspirant and I see several such houses rented informally. I personally believe this is against the interest of both tenant and owner and a little nudge from vigilant citizens can help the situation. Suggest please

Advocate Rajat Joseph answered
A property may be rented out on an oral agreement if it is a month to month tenancy or for a period lesser than 1 year. Only in case it is for a period of 1 year or more is it necessary for a rent agreement to be registered. In other words it will have to be a written agreement so that it can be registered