Advocate Rupal Dwivedi

Questions Answered by Advocate Rupal Dwivedi (50+ answers)

Q: Is respondent not allowed to submit reply affidavit in registrar cout

Hi,Is respondent not allowed to submit the reply affidavit in registrar court in Supreme Court ? My lawyer is saying that only lawyer can submit the reply and party in person is not allowed to go in registrar court . I have got notice in SLP and supposed to submit reply affidavit on 27 th January 2025.Please advice .

Advocate Rupal Dwivedi answered
In the Supreme Court, the submission of reply affidavits or other documents is typically done through an advocate-on-record (AOR). A party-in-person is generally not allowed to interact directly with the Registrar unless they have been granted permission to appear as a party-in-person by the Court.If your lawyer is an advocate-on-record, they are correct that they need to file the reply affidavit on your behalf. Ensure that the affidavit is filed within the stipulated time frame to avoid default. If you wish to represent yourself, you must apply for permission to appear as a party-in-person and follow the prescribed procedure.

Q: Summons sec 200 cr pc effect on landing govt job. Please advise

Summons have been issued against me as an accused among other accused persons of my own family under sec 200 cr pc in matrimonial dispute based on my FIL's complaint. Will this affect my prospects of getting govt job? I am having an interview in feb, where I would be required to disclose pending criminal case,if any.

Advocate Rupal Dwivedi answered
Being an accused in a case under Section 200 CrPC may affect your government job prospects, depending on the nature of the allegations and the stage of the criminal proceedings. Most government job applications require you to disclose any pending criminal cases. Failure to do so can lead to disqualification or dismissal later.However, being an accused is not the same as being convicted. If you have not been convicted, the charges may not necessarily bar you from employment, but the hiring authority may take the pending case into consideration during your interview or selection process.

Q: Name on suicide letter of and person who did suicide is addicted to al

My junior assistant has committed suicide and wrote my name , that salary payment is not adequate which is decided by management and also not mentioning his name for promotion. How to fight situation and does an alcohol addicted suicide note is valid

Advocate Rupal Dwivedi answered
File a Statement: Cooperate with the police and provide your version of the events, emphasizing that salary decisions and promotions are management's prerogatives, not yours.Validity of Suicide Note: The validity of a suicide note depends on various factors, including the mental state of the deceased at the time of writing. If the deceased was alcohol-addicted, it can be challenged in court as being written under intoxication, making it unreliable.Burden of Proof: Prosecution must establish a direct link between your actions and the suicide. If there was no direct harassment or abetment, you cannot be held liable.Evidence Collection: Collect evidence to prove your non-involvement, such as official records showing decisions were made by management.

Q: My husband was impotent shall I get share in my law property

I filed sec9 and my husband filed sec 13 1ia. No kids. Current status is cross examination trials going in court. My husband priced as impotent by the court. Now I can get share of my in law properties as permanent alimony. If not how I get it because my husband had only job no properties on his name yet. I filed sec 498a case also.

Advocate Rupal Dwivedi answered
In your case, since your husband has been declared impotent by the court and has no property in his name, seeking a share in your in-law's property for permanent alimony may not be straightforward. Under Indian law, you generally cannot claim a direct share in your in-law's property unless it is jointly owned by your husband or if he has a legal claim over it.However, you may be entitled to maintenance or alimony based on your husband's income and financial status, including any support from his employment. If your in-laws have financial resources and your husband cannot provide adequate maintenance, you could explore legal remedies under Section 125 CrPC or other relevant family law provisions.

Q: A matter of false 420 case filed in first class Magistrate court

Someone had filed a false 420 against me and the DDR has been filed in court after the investigation by the IO. The MM has put the matter for arguments on the next date of hearing. I want to know if I can get a copy of DDR before the NDOH from the court and send a lawyer for arguments from my side in court on the next date.

Advocate Rupal Dwivedi answered
Yes, you can get a copy of the DDR (Daily Diary Report) before the next date of hearing (NDOH). Here's what you can do:File an Application for Certified CopiesSubmit an application to the court where the case is being heard, requesting a certified copy of the DDR. The court will provide this after processing your request.Approach the Police StationAlternatively, you can request a copy of the DDR from the police station where the FIR was lodged. You may need to provide a written request and valid identification.Send a Lawyer for ArgumentsYes, you can appoint a lawyer to represent you in court. Share all case details and evidence with your lawyer in advance so they can effectively present arguments on your behalf.