Advocate Ruchi Sinha

Questions Answered by Advocate Ruchi Sinha

Q: HOW TO COMPUTE NOTICE PERIOD IN CIVIL CASES

I am a Govt contractor. The Engineer issued a notice of show cause on 16.07.2019 give to reply within seven days. The notice was scanned and posted on my email. I acknowledged also on the same day. When the notice period ends. More specific when day one is counted? Provide reference also to quote.

Advocate Ruchi Sinha answered
anyone can compute notice period from the day he receives notice and not from the day notice has been issued. in ur case also u have to compute seven days from the date u received the notice and not from the date notice has been issued.

Q: Security money not being refunded by my employer.

Hello ,Greetings of the day I had a overseas job offer from a company. They had demanded a security of 1,90,000 to process my candidature which i had paid after 7 months they told they couldn't produce work permits for me so they will refund my security deposit. I have been following up with them from about 2 months to return my money and they keep on giving some random dates.They have given a cheques last month which was stopped for payment. The money was deposited in companies current account and they gave an acknowledgement receipt for the money deposited from their official email id. Please advise how should i proceed for a legal action against them.

Advocate Ruchi Sinha answered
u can first of all give legal notice to the company for demand of ur money as well as interest on it. a legal notice can only be made on advocates letter head. through that notice we can give 15 days time to him for the payment, and if the company will not refund it u can file recovery case nd can file cheating case.

Q: Section 125 CrPC & Article 20 (3)

If Judge asked respondent (husband) to submit his Income-Details (Salary slips, Bank statements, Income Tax) then can respondent (husband) deny using Article 20 (3) Right against self incrimination? What are the judgement respondent (husband) can use to deny it?

Advocate Ruchi Sinha answered
no he can't deny, because it's procedure on d basis of which maintenance is fixed by the court. so it's not a violation of art. 20(3). the husband is duty bound to give details regarding his income, expenditure and bank statements. bank statements of last three years be give.

Q: How To Get Copy Of Judgement If Its Not Showing On Officia Website

How can i get copy of judgement which is not showing on the official website of punjab and haryana high court. I am searching for a judgement of 1994 in punjab and haryana high court but at the website judgements from 1998 onwards are showing. I am searching judgement for the following case. Satinder kumar vs Asha RaniCriminal misc. No: 8972-M of 1994Punjab and haryana high court.. please help me.

Advocate Ruchi Sinha answered
you can get certified copy of d judgment directly from the high court. for this you have to fill a certified copy form, which u will get from the court itself and there in you have to fill all the details of the case and thereafter u have to file it at filling counter. there they will charge you for the certified copy and after some days u will get it from there.

Q: Is it Legal proof for Marriage?

Hi, I want to ask that, the following statement has been written by an adult girl (above 18+ at the time statement writing) on non-judicial stamp paper (maybe 10 or 20 rupees) is "I am (name of girl D/0 Fathers name with address) accepting that without any pressure he (name of boy S/0 father name) is my husband and I am his wife and takes all responsibility related to this statement. She and he also signed this stamp paper with complete address information. Kindly, let me know, is it valid proof for marriage? At now, girl is declined for Marriage and he has filled the case against her. So please suggest your suggestion related to this matter as soon as possible.

Advocate Ruchi Sinha answered
no, it's not a valid proof of marriage. the document must required attestation. also one should have marriage photograph, marriage card if one wants to prove the marriage. if any affidavit was made by the girl that she is a legally wedded wife of a person then only that paper would be a valid paper.