Advocate Rehman Khan

Questions Answered by Advocate Rehman Khan (25+ answers)

Q: Now What legal action take against me?

I committed a fraud while working in a private limited company. I placed an order for the product which was sold to another firm. Then the company asked me for payment. The total value of the product was 19,68,540 . Out of which I paid 10 lakh, I could not pay the rest, I have no money left. Now can that company take legal steps against me?

Advocate Rehman Khan answered
Yes. The company can take criminal and civil action against you.From what you described, you were an employee of the company and you placed an order in the company’s name, took delivery of goods worth ₹19,68,540, sold them to another firm, and paid only ₹10 lakh. This is not treated as a normal business loss. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), this amounts to a criminal offence.Under Section 316 BNS (Criminal Breach of Trust), an employee who dishonestly misuses or diverts company property commits a crime.Under Section 318 BNS (Cheating), if a person dishonestly induces delivery of goods and causes loss, it is also a criminal offence.The company can file an FIR against you and the police can investigate and arrest if required. Punishment can extend to imprisonment and fine.Apart from this, the company can also file a civil case to recover the remaining ₹9,68,540 with interest and can seek attachment of your bank account or property.Not having money does not protect you from criminal liability. Your best option is to try to settle the matter with the company and pay or agree on a payment plan before a criminal case is filed.

Q: My wife filed divorce case but still not received any summons

My wife filed a divorce case in siliguri court and i have not received any summons yet. I am presently living in Kathmandu . I messaged my wife in what's app to send me a petiotion copy . I checked it online as the case was filed on 26rd march and appearance date is on 23rd june. And my wife has not send any reply in what's app. And i even don't know if she has filed any complaints or FIR in police station.I got married on 8th feb 2014 and have a son of 10 yeras which is with him.

Advocate Rehman Khan answered
Based on the information you've provided, here's my legal opinion:1. No Summons Received Yet:Since you're currently residing in Kathmandu and haven’t received any summons yet, your appearance in court on 23rd June is not mandatory unless you are officially served with notice/summons through court procedure or other valid service modes like post, publication, or diplomatic channel (since you're abroad).2. Checking the Case Online:If the case is listed and the date of appearance is 23rd June, and it’s a divorce petition, your wife (the petitioner) must ensure proper service of notice upon you. Until then, legally, you’re not bound to appear, but it’s wise to keep track to avoid ex-parte proceedings.3. No Petition Copy Shared by Her:Though you requested the copy on WhatsApp, she is under no legal obligation to provide it personally. The court is responsible for serving you through official channels.4. Possibility of FIR or Complaint:If you are unsure whether she has filed any FIR or criminal complaints (such as under Section 498A IPC or the Domestic Violence Act), I suggest checking with a lawyer in Siliguri or through an RTI or application to the local police station. If there is a criminal case, you might be at risk of coercive action.

Q: Property seh jura hua problem hai help.

Namaste Sir/Madam,mereh papa seh black magic ke help seh dushman neh sign karwa liya hai 50% property ke paper par,house papa aur mummy neh purchase kiya tha 50:50 ke hisab seh aur abh dhamki deta hai ki baki mummy wala bhi hathiya lega please help me.

Advocate Rehman Khan answered
1. Jabardasti Signature aur Black Magic ka DawaIndian law sirf evidence-based facts ko maanta hai. Black magic ya mantrik prabhav court mein valid reason nahi hai unless there is proof of coercion, fraud, or undue influence. Lekin agar sign zabardasti, dhamki, ya dhokha se liya gaya hai, toh aapke paas legal options hain:✅ IPC Sections 415 to 420 (Cheating), 503 (Criminal Intimidation), 384 (Extortion), and 468/471 (Forgery) ke tahat FIR lodge ki ja sakti hai.✅ Civil suit bhi file kiya ja sakta hai for declaration and cancellation of such fraudulent document under Section 31 of the Specific Relief Act.---2. Property Ownership ke Adhar ParAgar property joint ownership mein hai (50% Papa, 50% Mummy), toh koi bhi vyakti sirf papa ka hissa transfer kar sakta hai — woh bhi valid tabhi hoga jab:Transfer voluntary ho, bina dhamki ke.Proper stamp duty aur registration ho.Mummy ka hissa kisi ne hath nahi lagaya toh woh safe hai.Agar koi dhamki deta hai mummy ke hissa pe kabza karne ka, toh aap police mein complaint kar sakte hain under Sections 506 (Criminal intimidation) and 441/447 (Criminal trespass) of IPC.---3. Kya Karna Chahiye Abhi:

Q: gift deed with original purchase deed but without record

i am niva rani giri,age 80,own a land in kakdwip,south 24 pgs, i have my original purchase deed of 1966, but till date i dont have ROR,though i have applied several time for it to the BLLRO.now i want to transfer the land to my younger daughter via gift deed{4 daughter 2 son}.is it possible? is there any chance that my son can challange it in future?

Advocate Rehman Khan answered
1. On Ownership and TitleYou have valid ownership over the land in question by virtue of your original Registered Sale Deed of 1966. In the eyes of law, this registered deed is a conclusive proof of title unless proven otherwise. The absence of Record of Rights (RoR) does not invalidate your ownership—it is only a revenue record, not a title document.However, if your repeated applications to the Block Land and Land Reforms Office (BLLRO) for RoR mutation have not yielded results, you may file a writ petition under Article 226 of the Constitution before the Hon’ble Calcutta High Court, seeking a direction to the BLLRO to act on your application.---2. On Execution of Gift DeedAs the absolute owner of the property, you have full legal authority to gift the property to anyone of your choice, including your younger daughter. The law does not compel equal distribution among children unless the property is ancestral (in your case, it is self-acquired).A valid Gift Deed under Section 122 of the Transfer of Property Act, 1882 must be:Executed voluntarily,Without any monetary consideration,Registered with the Sub-Registrar under Section 17 of the Registration Act, 1908,Properly stamped as per West Bengal Stamp Act.---3. On Future Challenge by Sons or Other DaughtersEven though you have the right to gift your self-acquired property, your sons or other daughters can still file a civil suit challenging the Gift Deed. However, such a challenge will not likely succeed if:The gift is made voluntarily, without coercion, fraud, or undue influence.The deed is duly registered and executed following due legal process.Medical proof of your mental and physical fitness at the time of execution is available (recommended as a preventive step).To further strengthen your gift, you may consider:Executing the deed in presence of neutral witnesses.Making a declaration or affidavit stating your reasons for preferring one daughter (e.g., she is looking after you, staying with you, etc.).Getting a doctor’s certificate attesting your mental and physical capacity at the time of gift.

Q: Specific case references where promotion irregularities

Specific case references, order copy link and key points of the verdict where promotion irregularities were addressed and eligible employees were granted promotion

Advocate Rehman Khan answered
1. Union of India v. V.P. Sethi (2001) 10 SCC 486Key Points:The Supreme Court ruled that eligible employees cannot be denied promotion arbitrarily.If there is administrative delay or malice, the court can direct retrospective promotion.Legitimate Expectation: Employees meeting eligibility criteria have a legitimate expectation for promotion.---2. R.K. Sharma v. State of Uttar Pradesh (Allahabad High Court, 2015)Key Points:The Court held that promotion cannot be denied due to technical reasons such as pending verification.Immediate promotion was directed, along with payment of arrears from the due date of promotion.---3. Brij Mohan Lal v. Union of India (2012) 6 SCC 502Key Points:Promotions should be based on objective and transparent standards.Denial of promotion without due process violates Articles 14 and 16 of the Constitution.