Advocate Sandeep Rai

Questions Answered by Advocate Sandeep Rai (25+ answers)

Q: Conditions under which bailable warrant is issued

What is a bailable warrant, and under what conditions is it issued? What happens when a bailable warrant is issued? Please suggest.

Advocate Sandeep Rai answered
Bailable warrant meaning: If you appear before the court on the specified date, the court may recall its order, cancel the warrant, and not take you into custody. However, if you fail to appear, the bailable warrant may be converted into a non-bailable warrant, leading to your possible arrest by the police or legal custody. To avoid this, you must appear before the court and file an application for the cancellation of the bailable warrant.

Q: what happens if you get caught cheating on a university exam ?

i got caught cheating today in end semester exam of my college. i am from NIT kurukshetra, haryana. i was using a mobile phone and internet connection. will i be sentenced to jail? what is the worst that can happen to me? is cheating in exam a crime in india ?

Advocate Sandeep Rai answered
It depends on procedures in place at the university. You may be asked by a committee at the university to explain your actions in writing. You may then be called to attend a hearing. Punishments can range from a 0% mark for that exam paper without the opportunity to resit; which may lead to you failing the course. They may formally dismiss you from the course. At worst you could get a lifetime ban from registering on any course at the university.looking from your case they will cancel your paper or exam of current year .

Q: How to cancel fir and it's procedure

If there Is Register FIR Under 156(3) then What Is the fir cancellation procedure, and after cancellation the FIR where the complainent can approach at next leval..Thanks.

Advocate Sandeep Rai answered

Below is the process to close or quash an FIR:

1. You can submit an affidavit if the case is at the investigation stage only and the charge sheet is not submitted. Then the police can submit a final report/closure report. However, if the police refuse to do so, mutual quashing is possible from the High Court.

2. You can file for mutual quashing of the FIR in the High Court. You can file an application under Section 156(3) CrPC  (now section 175(3) of BNSS) before the learned Magistrate concerned. If he finds your complaint discloses a cognizable offence, he would order police investigation and FIR.

Q: Brother got separated how to calculate the maintenance for child

My brother and his wife have to separate. My Bhabhi salary is 1.5 lakh per month and brother salary is 1 lakh per month. Both are working in Indian Army. They have a boy of 8 year old. What would be the maximum alimony my brother have to pay for this child and for how much time he would pay it. Second, If my Bhabhi marry to someone after divorce so will then also my brother have to pay the alimony of the child?

Advocate Sandeep Rai answered
A child is entitled to reasonable maintenance to provide for clothing, housing, dental and medical care, education and training, and, where applicable. Fix your appointment to discuss and help you further

Q: Clarification regarding US dependent visa

I want to travel to USA.But my spouse is saying he gave application in Chicago that u r not my dependent without having any proof of separation and I can't travel to USA. Is it possible?

Advocate Sandeep Rai answered
Do you have any visa for US? If you have any sponsor then you can travel but looking from your spouse activity it is clear that he/she will not sponsor your travel . You can reach out to me for further guidance. Thanks !