Advocate Rajesh Kumar K

Questions Answered by Advocate Rajesh Kumar K (400+ answers)

Q: How can I check the authenticity of summons issued by a court? Please provide details on how to chec

I received a summons and a petition filed by my wife from the court, stating I need to attend a non-mutual divorce case filed by her. However, the petition is not signed by either the petitioner or her advocate. The summons has a seal, signature, and MC number, but I doubt its authenticity. How can I verify if the case is registered in the court? Please also tell me how to check court summons online, how to check summons online, and how to check a summon online

Advocate Rajesh Kumar K answered
Hi based on the case number you can check in the online portal of the district court from where you have received the summons. However it is advised to attend the court on the designated date and seek the facts in reality. You will be given ample time to revert back along with an advocate on the case if at has been filed by your wife.

Q: What are the steps to file a defamation suit for messages sent on WhatsApp? Please provide informati

Hello, if a person sends WhatsApp text messages to three other people with false accusations against you, can you file a defamation suit against that person? Please provide information on defamation in a WhatsApp group, defamation through WhatsApp messages in India case laws, and steps to proceed with a WhatsApp defamation case.

Advocate Rajesh Kumar K answered
Hi if the content of those Wattsapp messages are beyond the scope of truth and actual facts, and if those messages have tarnished your public status and image then yes you can file a suit for defamation and seek compensation towards the damages done. Pls contact me for further assistance for legal proceedings.

Q: My neighbor is creating a nuisance by throwing waste all over the road and at my house. What IPC sec

A neighbor is purposefully making the environment unlivable by parking a water tanker and dirtying the road in front of my gate, as well as passing bathroom and kitchen sewage water in front of my house. She is wealthy, has strong connections with higher authorities, and intimidates anyone who tries to speak against her. Is there any legal way to solve this problem? What IPC section covers throwing garbage, and what can I do if a neighbor throws something at my house?

Advocate Rajesh Kumar K answered
Hi,I suggest you to take snaps of the sewage water being let out on road and in front of your house. Advisable to also capture a video of these activities. Once you have these ready, please file a suit with the Hon'ble court to intervene and direct the authorities-municipality & Environment to take action for their act of tortuousness in nature.

Q: Ex girlfriend threatening to kill herself and blackmailing me

I was in a relationship with a girl and we brokeup. Now I am getting married but the girl is threatening me of defamation and that she will commit suicide. She doesn't want to marry me but only creating an issue. She has mental issues and I have sufficient proofs of it. The only problem is she has pictures of a fight with me (only she is visible) where she was both of us were injured. But only her injuries are there in the pictures. She is blackmailing for more than a year. I have call records which prove that she is threatening falsely. She has already started defaming me on social media by messaging relatives. what to do if someone is blackmailing you? Should I apply for anticipatory bail? What will be the consequences if I do so?

Advocate Rajesh Kumar K answered
Hi, please lodge a police complaint giving the facts of she threatening you of committing suicide. Let the police handle the matter and investigate the facts of the case. In case you come under the problem of arrest, then you may file for an anticipatory bail and go underground till you get the bail.

Q: Company is not giving the gratuity amount how to ask for gratuity to hr ?

My company has not released my gratuity amount. I want to send a formal gratuity mail to HR. Could you please share a sample draft or format for reference?

Advocate Rajesh Kumar K answered
Hi,

Thank you for reaching out regarding your query on how to send a gratuity mail to HR for the release of your gratuity payment. Before sharing the draft email, please note the basic eligibility criteria for claiming gratuity under the Payment of Gratuity Act, 1972:

• Eligibility: You must have completed a minimum of 5 years of continuous service with the company.
• Relieving Requirements: You should be officially relieved from the company and possess a Relieving Letter and a No Dues Certificate.

If you meet these conditions, you may proceed to send your gratuity request letter to HR, along with the filled Form I, preferably via registered post or official email.

Sample Gratuity Request Email to HR

Subject: Request for Payment of Gratuity – [Your Name]
Respected Sir/Madam,

This is with reference to the payment of gratuity that I am eligible for, following my resignation from the company after completing more than 5 years of continuous service, in accordance with the Payment of Gratuity Act, 1972.

I was relieved from the organization on [DD/MM/YYYY], and I am submitting this gratuity application letter for the settlement of my gratuity dues.

As I am in urgent need of financial support, I kindly request you to process my gratuity payment at the earliest. You may transfer the amount via cheque or direct bank transfer using the details provided below:

Postal Address:
[Your Full Address]

Bank Details:
Account Holder Name:
Bank Name:
Account Number:
IFSC Code:

I sincerely request you to process this request promptly and do the needful.
Thank you for your support.

Regards,
[Your Full Name]
[Your Contact Number]


If there is no response within 15 days, you may send a follow-up gratuity mail to HR. A second letter can be drafted accordingly if needed.

Wish you all the best!

Thanks & Regards,
Rajesh Kumar K
Advocate & Legal Consultant