Advocate Rajat Kadyan

Questions Answered by Advocate Rajat Kadyan

Q: Filing recovery suit after 3 years process with condonation of delay

I have delivered a product to a person on credit basis and he defaulted me the amount after receiving it by not responding and giving excuses.This the incident of august 2017.I recently sent him legal notice dated 3rd october 2022 and he acknowledged it and when i called him on 10 october 2022 and reminded him that his payment of 2017 is pending towards me , he acknowledged it and agreed that he will pay me by 18th october and his commitment date is again lapsedPlease tell me , can i file lawsuit against him as he cheated mePlease advise me whether legal action can be taken against him for the money he owe me since 2017 , i also have latest proofs of october 2022 in form of voice call recordings/whatsapp chats of his acknowledgement that he will pay me but every date he gives me , he just fail on itCan i file lawsuit now along with condonation of delay mentioning the reason that i was not capable of bearing legal expenses of lawsuit in 2017 and time shortage.

Advocate Rajat Kadyan answered
Yes sir recovery suit can be filed 3 years from the date of acknowledgement of the liability. You are still in limitation period. Once the liability is admitted and acknowledged the limitation period get renewd

Q: 498a filing post receiving divorce notice - consequences

I'm a working women and can I file 498a against husband ,in-laws and relatives ? Does filing the case affect my career and job prospects ? Will I have to face any consequences

Advocate Rajat Kadyan answered
Hi Ma'am,Filing any complaint/case or standing for your rights would not affect your career in any way. If you are suffering from domestic violence why to kept quite you are an independent lady you must know your rights.No You will not face any consequences. You can connect me for further discussions.-Adv Rajat Kadyan

Q: Received rule no 11 form 15- under cruelty

How can I get certificate under u/s 65b of evidence act. Also I have WhatsApp chats, audio recordings,emails of my spouse and her relatives .How can I prove to the court that the voice recordings and chats are belonging to the spouse and his relatives who were cruel to me.

Advocate Rajat Kadyan answered
First of all we need to know is he living separately and on what ground he is Looking for separation?Also What he has mentioned in the legal Notice.. ?Then only we will be able to answer your query

Q: My relative is under the charges of 399,402,21-b(a) arrested on 12 jan

They are 5 persons who got caught together in a car and my relative has stick (dnda) in his hand according to police . They did not commit any dacoite nor ther attempt they are arrested on the behalf of planning . He has no previous criminal record and he is currenty a student also . So i really want to know that how serious this matter is and us there any chance that ge can get out of this situation by anything. Because some lawyers are saying that in this crime he can even get life imprisonment. So i just want to know that what is tha maximum or minmum consequences in this case

Advocate Rajat Kadyan answered
whats the offence committed ? Is FIR registered? which IPC sections are on them? Need to clarify before commenting on your questions.. and if they have not done anything you guys need not to worry about.

Q: Can I go abroad for my further masters study?

I'm a masters student. This happened in October.I went delhi for some visa work. In evening I drank some alcohol there I had argument with a guard and person sitting infront of me. I don't remember what happened next to me. When I woke up I were in the train. When train stopped on station I went to police and told them everything happened. When I woke up I had someone's phone in pocket and mine wasn't with me, I told about this too. Then they started to blame me for theft and filed a fir. Even the phone owner refused . Court sent me to jail. I got bail on 30k bond. Police man summoned that phone owner and took his false statement by threatening him. My one semester has passed and I got court hearing in May. If the trial will take much time my first year would be wasted because most of subjects are practical labs and projects. I couldn't do it online. So suggest me what should I do? I have visa which will expire in November before it expires I need to apply for residence permit.

Advocate Rajat Kadyan answered
you need to file an application in court to allow you to go outside country to complete your study, also you can submit your graduation character certificate with the Application. Second thing you can do is to compromise with the Mobile phone owner to make him a hostile witness