Advocate Riyaz Khan

Questions Answered by Advocate Riyaz Khan

Q: Caught in fraud case but repaid the amount with interest

my friend was br manager in nationalised bank, he misappropriated amount of rs.6 lacs in 4 months period he recredited the amount to customer's a/c, he has been suspended from job, and fir has been lodged, what will be the outcome of the case, will he be sentenced or after dept, enquiry he will be removed and case will be withdrawn? he has repaid the amount with interest before fir lodgement

Advocate Riyaz Khan answered
Section 420 is compoundable but with the permission of the court. you please give me the details about the case. In matter in hand matter can be compounded by the permission of the court. If the matter is compounded criminal liability as well as civil liability goes away.

Q: Should I not reply to the divorce summons is this correct for exparte

My brother is in the army. His wife has filed a divorce under section 24 seeking interim amount and declared she is earning 20k. My concern is should I respond to the petition filed by her or keep quiet and be declared ex parte. What if I don't reply. Someone suggested she might demand maintainance later and go for the army act if I don't fulfill her demands. Pls guide

Advocate Riyaz Khan answered
You should always response to such applications for interim maintenance. If you fails to response court will decide exporters order on interim maintenance and same will be binding on you. Another aspect is that maintenance amount will be decided in the main petition. Army act does not attract in such matters.

Q: False allegation by HR department on my Distance Learning Institute

During background verification process, my employer (HR Department) initially questioned on my Distance Learning M.B.A. degree. I have explained them the process of verification, post which after 2 months they are questioning about the Institute's location. I have enrolled for M.B.A. from Mumbai branch and that franchise doesn't exist any more. However, institute do operate from other locations and primarily through online mode. My organization's HR team is now questioning about the same and threatening to take a strict action against myself. Please help.

Advocate Riyaz Khan answered
yes if the course done by you is online, your should know the details. If the said franchisee is closed in mumbai you please obtain the relevant information from the other branch or franchisee which are operating in the country. Because of onus is on you to prove that it is not fake degree.

Q: Cheating done by business partner. What legal action can I take ?

I got into business of supplying industrial gas with my partner who has been in this business for a decade. I have no experience in this business. The funding was 100% mine and the bank could be operated by either of us. Within four months, the bank account was empty and no account of expenses and income was given to me ever. I was continuously paying the EMI for the loan I have taken for the business but there was no income for me. Repeated requests to share the expenses and income with evidences were made but no heed was paid to that. the company was finally closed but account unsettled.

Advocate Riyaz Khan answered
Yes if the money has been fraudulently transferred from companies account then you can initiate the proceeding under section 420 of Indian Penal Code against the partner. Even otherwise suit for recovery can be initiated against the partner. what are the terms of settlement for closure of company. whether your firm was LLP or Private limited?

Q: Should i pay the amount of repair or the owner has to?

in our society we are having two different structures in one building 7 storey and 34 flat are there and 30 feet away 5 Raw Houses are there and Building required major Repair 5 raw house is maintain by the owner and doestnot required that major repair but society forcing us to pay the repair amount pl. advice

Advocate Riyaz Khan answered
yes you have to pay the repairing charges for the structure you are residing. As far as row how is concerned it is separate structure and when those row house shall require the repair it will done accordingly.