Advocate Sanat Tokas

Questions Answered by Advocate Sanat Tokas

Q: Restrictions to travel abroad pending Civil suit

Hi, I have a dispute with a past employer and they have filed a civil suit (Contract obligation), I have received a job offer from a company based in USA, my visa is already applied and approved. Is there a restriction on my travel? Can I appoint a lawyer to represent me in my absence, what happens if my employer demand my presence for a deposition in court. I am really consfused with the fact if they can stop me from getting this job?

Advocate Sanat Tokas answered
You can travel, there is no bar on that and yes you can appoint a lawyer to represent you in your absence. your presence in court will be required during evidence stage which can now also be done through video conferencing for which you will have to pay court charges.

Q: What legal action if final degree copy 's some pages are missing

What legal action if final degree copy 's some pages are missing from record room

Advocate Sanat Tokas answered
you can make a submission in this regard before the judge whose court room the record pertains to. the judge shall initiate an inquiry and shall further take appropriate action against its staff or who so ever is responsible. in furtherance to that a formal complaint can be lodged

Q: Ex threatening to commit suicide and the legal recourse

My ex is pressuring me to get an abortion and has even threatened to kill himself. He pressured me to get an abortion before while we were still together and coerced me into it. I suffered serious mental health issues after that and have had suicidal thoughts. Now I am under serious duress for the past few months. What can I do about it? What are the laws?

Advocate Sanat Tokas answered
You can go to your nearest police station and make a complaint in this regard. just be sure to give a detailed complaint along with all necessary details and if possible correspond the said details with dates and events. There is everything in our law books to redress all your specific grievances. In case police does not act contact me further.

Q: How to appeal in a college Ragging case

Support in Ragging case against a senior student who hasn't done anything. How to appeal for the case.

Advocate Sanat Tokas answered
please state at what stage is the case at. if it is still at infancy and is being dealt by college administration you will have to make an appeal before the committee dealing with the case. So please inform at what stage it is so that i can guide you correctly

Q: Can discharge application be rejected if offence is non cognizable

can a discharge application be rejected on basis of the offence being non cognizable offence in private complait?

Advocate Sanat Tokas answered
For your query to be answered it is important to understand that there are two kinds of cases i.e. Summons case and a warrant case.Summons Case and Warrant CaseAs per Section 2(w), "summons-case" means a case relating to an offence, and not being a warrant-case and as per Section 2 (x), "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Cr P C classifies an offence as either cognizable or non-cognizable, and a trial procedure as summons case or warrant case. Thus, the terms summons case and warrant case are in reference to the procedure adopted for the trial of the case. Thus, the difference between the two can be seen from the point of view of their trial procedures as highlighted below - A Summons case relates to a case where the punishment prescribed is upto two years, also in so far as discharge is concerned a discharge is not permissible in a summons case as per the provisions of Cr.P.C. In so far as warrants case are concerned a discharge is permissible. So therefore whether the offence being cognizable or non cognizable, whether discharge is permissible or not will depend upon it being a summons or warrant case.also for your understanding find below difference between cognizable and non cognizable offencesCognizable offence and Non-cognizable offenceCognizable offence Defined in Section 2(c) - "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.Examples - Murder, Dowry death, grevious hurt, theft.Non Cognizable offenceDefined in Section 2(l) - "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant.Example - keeping a lottery office,voluntarily causing hurt, dishonest misappropriation of property.Police has to record information about a cognizable offence in writing as per Section 154. As per Section 155, Police has to enter information in register prescribed for it and refer the informant to a magistrate.Police can start investigation without the order of a magistrate. in non cognizable offence Police officer cannot investigate the case without the order of a magistrate.In general, cognizable offences are of serious nature which involve imprisonment of more than three years. However, there is no such precise rule. To be cognizable, an offence must be declared so by the law defining that offence. Several offences which carry less prison term such as rioting (2 yrs) have been declared cognizable, while several with bigger prison term such as False Evidence (7 yrs) or Rape by a man with his own wife of not less than 12 yrs have been declared non-cognizable.