Advocate Ravi Ballabh Tripathi

Questions Answered by Advocate Ravi Ballabh Tripathi

Q: What action should taken in case of cheque bounce

I give money of amount 1lakh to a person. Against which he give me cheque of 1 lakh as guarantee. No the person is not responding me. What should i do? What if cheque i have bounce?

Advocate Ravi Ballabh Tripathi answered
get the cheque dishonored and send the notice through your counsel asking to repayment of loan amount agreed between you and if he still avoids to pay the agreed amount, initiate proper proceedings before competent court

Q: How Much It Will Cost If I Had To Take Bail

If my wife file a case for dowry and domestic violence then how will i get bail ....I did not ask any dowry but they have given a car at time of marriage and also gave rs 2 lac which is in her account only....I did not do any domestic violence but she is pycho and always provoked me for fight...what to do..I want divorce from her and want peace in my life

Advocate Ravi Ballabh Tripathi answered
don't worry you will get bail easily just provide the relevant documents in support of your case and you will get bail whether you have done anything or not will be decided by the trial court at the time of bail you won't be asked these questions

Q: Notice From Court

I want to know if husband is a lawyer and his wife has filed DV case can court send notice to the president of bar for appearance of husband in court. Is the notice sent on name of President of the Bar is legally correct

Advocate Ravi Ballabh Tripathi answered
yes you can send summons through the president of the bar or you can also serve the summons through secretary of the bar, the best option is that you can send summons through registered mode then also it a proper service

Q: Wife filed a case of maintenance court passed judgement ex parte

MY WIFE HAS FILED A MAINTENANCE CASE UNDER SEC 125 CRPC. SUMMON IS ISSUED BY THE COURT, AS i WAS NOT AT HOME AND MY MOTHER WAS PRESENT, THE POLICEMAN HAS ASKED HER TO TAKE THE SUMMON WHICH IS DECLINED, THEN THEY PASTED THE SUMMON IN FRONT HOUSE DOOR. ON FIRST DATE WHICH WAS GIVEN IN THE SUMMON I DID'NT APPEARED AND COURT HAS PROCESSED IT FOR EX PARTE AND GIVEN ANOTHER DATE TO PRODUCE EVIDENCE BY MY WIFE. KINDLY ADVISE WHAT SHOULD BE THE NEXT COURSE OF ACTION FROM MY SIDE. THANKS

Advocate Ravi Ballabh Tripathi answered
Appear before the concern court and file revision against that exparte order before sessions court and hopefully the order will be set aside however in between you collect evidence pertaining to d educational qualification of ur wife and proof of job if any

Q: How to claim overtime dues from the employer

i served a nationalized bank for 16 months on regular basis. i earned some privilege leave and also overtime (which settled by union and management later) but my employer not responding to any of my mails/letters. what should i do?

Advocate Ravi Ballabh Tripathi answered
see you cannot claim leave as a matter of right please refer to this recent judgment M. Ayyappan Vs State Madras High court decision, secondly but for overtime The overtime allowance would be admissible only to those of the employees who work overtime, and not to others who either do not get the opportunity to work overtime, or chose not to work overtime. The bonus would generally be linked to the turnover and profitability of the employers business and would derive its basis either from the Payment of Bonus Act, 1965, or customary usage or conditions of service. please refer to this judgement Abid Hussain And Others Etc vs Union Of India & Ors Equivalent citations: 1987 AIR 820, in the light of these judgments serve them a notice claiming demand for justice and hopefully you will get the benefits if otherwise you are eligble for that legally.