Advocate Sabir N.S

Questions Answered by Advocate Sabir N.S

Q: Not giving the rent and product back

I have a small business which is used to give PlayStation for daily rent . there was this guy who have taken for a week and never let me back any rent and property. he is not taking calls and not replying to the messages what should I do now ?

Advocate Sabir N.S answered
If the property is defective, you may notify your landlord of the defects. If your landlord does not repair the defects, you may deduct the cost of repairing the defects from your rent. You may also sue your landlord for the cost of the repairs. Also, if your landlord does not correct the defects within 14 days after you notify him, you may terminate the lease agreement thirty days after you have given your landlord notice of the defects. If your landlord has collected more from you than he was legally entitled to collect, you may sue the landlord to recover the excess payments.

Q: Not giving the rent and product back

I have a small business which is used to give PlayStation for daily rent . there was this guy who have taken for a week and never let me back any rent and property. he is not taking calls and not replying to the messages what should I do now ?

Advocate Sabir N.S answered
If you have a rental agreement, and the other party has breached the agreement, you may file suit in court. If you’re the landlord, you may sue the tenant for eviction, back rent, and any damage the tenant caused to the property. If you’re the tenant, you may sue the landlord for defects on the property, or to recover excess payments. If the property is defective, you may notify your landlord of the defects. If your landlord does not repair the defects, you may deduct the cost of repairing the defects from your rent. You may also sue your landlord for the cost of the repairs. Also, if your landlord does not correct the defects within 14 days after you notify him, you may terminate the lease agreement thirty days after you have given your landlord notice of the defects. If your landlord has collected more from you than he was legally entitled to collect, you may sue the landlord to recover the excess payments

Q: Ex-gf threatens to file a case against me.

The girl she came after me for a long time and made me fall in love with her.after a while she told me she want to breakup with me for no reason.i asked her for reason she wasnt able to tell me any.then when i told her about my sufferings she and her friends laughed at me.then she made me angry and i may have said some things to her.and now she says thats why she broke up with me.eventhough it happened post breakup.now she is threatening me with a false lawsuit.i dont know the exact nature of it though.please advice me about how to respond.and is there any way i can file a case against her on any grounds?.i have all our chats and calls.

Advocate Sabir N.S answered
You can not legally take action against the girl for refusing to marry you after keeping long relationship with and also promising marriage to you since this promise can not be treated as contract/agreement for suing her before the Court of law. 2. However, you can lodge a police complaint against her and her accomplishes for attacking you at your house and for assaulting you. 3. If police fails to take any action against her, you can file a Writ Petition against the police for its inaction seeking justice.

Q: Hitting from behind with his leg

Mam,2 month before one incident happend to me. That in a festival function one local guy (35age) he came behind my back and hit me in the lower back side that time I just ignored it bt know I feel some medical condition over that hitted area . Hitting reason was he & his friends drunked they where making fun. He hitted in the chair bt that hit was so strong enough to hurt my back.Now I just feel that he should never make this kind of joke with anyone anymore.His background history is like a criminal lot of fight cases in the society. Is there is any kind of possibility to case file against him? Please help.(I'm sonu 25 yr old)

Advocate Sabir N.S answered
On being satisfied with the reasons assigned, the Court can extend the time for filing the complaint by condoning the delay in filing the complaint. Further, there need not be any application for condonation of delay at the time of filing the complaint. Even in the absence of any such application, the Court can always direct the complainant to file appropriate application for condoning the delay by granting time. In any event, this is only a curable defect and the mere delay in filing the complaint will not disentitle the complainant to give up his claim. Further, Section 473 of Cr.P.C. empowers the Courts to extend the time

Q: After procedures in a criminal case after the death of the accused.

why should the court ask the victim to present in the court even after the death of the accussed, though the trail havent started yet?

Advocate Sabir N.S answered
The Code of Criminal Procedure, 1973 is a procedural law providing the mechanism in which manner the criminal trials are to be conducted on the basis of substantive criminal law i.e., IPC and other criminal statutes. The primary object of the criminal justice system is to ensure that the trial must be fair and just. Once the cognizance has been taken of a particular case then CrPC comes into force. First, a complaint is registered with the police, the police then conduct a primary investigation. Based on the investigations made, the police arrest the suspects and frame charges against them in relevance to the offenses committed by them. After framing of charges these suspects become the accused of the case. The case then proceeds for trial in component court. A full trial is then conducted by the competent court. During the trial, a statement of witnesses is recorded, evidence that has been found is examined, and contentions of the accused and the complainant are heard by the competent court. After completion of the full trial, the court passes the final judgment wherein the accused is either convicted or acquitted. However, it is pertinent to know that not every trial leads to a conviction or acquittal. Sometimes the trial ends in the middle without any final judgment with respect to conviction or acquittal. Death of the accused in a case is one such instance wherein a trial ends in the middle without any final judgment. The ultimate object of any criminal proceedings is to punish the accused on his conviction of any offense. However, if the accused dies before the full trial is conducted then the proceedings of the case need to be abated. Continuance of the trial proceedings after the death of the sole accused is considered to be infructuous and meaningless. Express provision for abetment of the trial proceedings after the death of the sole accused is not available in CrPC but it is a well-established doctrine through various Supreme Court and High Court Judgments. Provision for abetment of appeals after the death of accused: Although express provision to abet the trial proceedings after the death of sole accused in a case is not present in the CrPC still express provision for abetment of appeals after the death of the accused is given in the CrPC. Section 394 deals with the abetment of appeals. It provides that appeals arising out of conviction should abet if the sole accused dies during the pendency of the trial.