Advocate Rajnish Kumar Singh

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Questions Answered by Advocate Rajnish Kumar Singh

Q: FIR over forged sale agreement

I have a civil suit filed against me for specific performance of sale agreement by person B. I have kept exparte in this suit. I already sold the building to a person C because of better rate. Now this third person filed a criminal case against me because I kept exparte in a civil case and colluded with person B in order to cause wrongful loss to person C. Can a criminal case be filed against me just because I kept exparte in a civil suit?

Advocate Rajnish Kumar Singh answered
First of all, you should not have absented yourself from the civil proceedings because that gives a very bad impression And leads to a conclusion that you could be a habitual of. What I understand from your query is that you had entered into an agreement for sale with someone but since you're getting a better deal from a third person you, instead of transferring the property to the first person, transferred it to the second person in return for a good amount. You must understand that today most of the sale agreements for sale contain a four feature clause which talks about four feature FORFEITURE of the buyers advance money in case he refuses to proceed with the transaction. Similarly the same clause may also mention the provision wherein the seller may be forced to be twice of the advance money paid by the buyer In case he refuses to proceed with the sale. If that is the case with your agreement you could have easily appear before the court and contested the case filed by the plaintiff. It's not that Just because he has filed the suit for specific performance the court will force you to revert back to your original position and sell the property to the first person particularly in the fact that you have already transferred to someone else, the court will never do so. It may ask you to compensate that first buyer with some amount of money which could be adequate. As far as the Canal case registered against US concerned, it has not been registered because you have sent it yourself from the civil proceedings Radha it has been registered because you, sort of, induced the first buyer to pay money to you for the purpose of purchasing that property which in a way amount to cheating punishable under section 420 of the Indian penal code

Q: I'm Purvi, my mother is 76 year old and a famous astrologer. she has her own private practice.my big

I'm Purvi, my mother is 76 year old and a famous astrologer. she has her own private practice.my big brother went through a divorce in which his wife made false accusations on my mother and father. My father expired during the trial. then my brother and his wife separated their ways through mutual divorce. but before that an FIR of 498a, 406, 34 was registered on my mother and father's name. nsince my mother is old, I want to know if I can file a defamation case against that woman. and if we file for 2 crore case, then how much can we expect and if it is even worth filing for such case. nit is not about the money we get but I want to hurt that woman financially and harrass her as much as I can. that is why I'm asking. nClear answers are welcome. Thank you.

Advocate Rajnish Kumar Singh answered
Hello Purvi ji !It’s really sad that your mother had to go through such times. Since both your brother and his wife have parted ways, I am assuming that the FIR that was registered Must have been quashed by the High Court. As far as filing a defamation case is concerned you can certainly do that if you have evidences in your favour. There is no limit on the amount that you can seek as compensation in the defamation case and in addition to this One cannot quantify the amount that you are expected to receive as compensation. It all depends upon the allegations that you make and Are able to prove before the court. Yes you can take up the defamation suit on behalf of your mother since she is old. In civil cases a person can file a suit and representative capacity but as far as criminal matters are concerned one has to defend the case himself or if he is a complainant he has to file a case in his own capacity personal capacity. This is what I could help you with on this platform. If you want to see any further help feel free to contact me on my number.

Q: My case is at stage of filing replication.

I need add on lawyer from high court.Can i request high court to give me from state side .

Advocate Rajnish Kumar Singh answered
Please tell me what is the exact case and what is that stage. Also, you can request the high court for a lawyer and it will certainly provide you one. You can tell me your issue so that I can give you a proper advice.

Q: Can you tell pons & cons of one sided divorce ? Is it good or bad ?

Can you tell me pons & cons of one sided divorce ? Is it good or bad ? Will i get any alimony in it or not ? Shall i go for maintenance or alimony ? I want alimony specially my money which being spent by me or my father in my marriage. I am keeping unwell also. Not in position to work also. Suffering with gulcomma and hydrocephalus

Advocate Rajnish Kumar Singh answered
Whether any action is good or bad depends upon the purpose for which it is being taken. If you’ve been so compelled by the circumstances then you can certainly go for one sided divorce. It’s not that one sided divorce is bad, rather I would say it is just another way of parting ways. As far as alimony is concerned, you will certainly get that and not just alimony, you’ll also be entitled for medical care payable by your husband since it is his obligation. I would suggest not to go for divorce rather you should file a maintenance case but if you don’t want to remain stuck in the matrimonial relationship then it would be better if you file for divorce because whatever you would get in maintenance case, all those things would be given to you in the divorce case as well

Q: Cheque bounse case against home loan

Hi ,I booked a flat on Aug-2011 in Noida and take the mortgage home loan from bank and bank paid the all home loan amount in favor of builder. Possession not given till yet which was given on Dec-2011 and stopped the construction. Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... Bank fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to bank i will pay all EMI after getting the Possession or you can take property... I told to bank loan amount goes to builder account... I don't know what i do? I havn't faulty.. I heard and study, there are no consumer liability pay the loan before Possession... I can pay EMI after getting Possession or can surrender property.Please suggest in this case what i do?

Advocate Rajnish Kumar Singh answered
Please bring this fact in the knowledge of the court where the cheque bounce case is going on. It will certainly direct the company to take positive actions towards closing the case. If the company doesn’t listen then you can file a police complaint against them for cheating and breach of trust.