Advocate Sanjay Mitra

Questions Answered by Advocate Sanjay Mitra (25+ answers)

Q: What to do to avail state medical quota in a state

My daughter studied in assam till class 9 and then passed 10th & 12th in West bengal. now would she get admission in mbbs under 85% state quota in Assam as ,as per the norms of DME,Assam, candidate should study in Assam from claas vii to x in assam.if so,is there any legal process to solve this problem,aa this same is faced by many candidates last year.kindly solve my problem.

Advocate Sanjay Mitra answered
A suitable legal remedy is available to you, You can file a Writ Petition under Article 226 of the Indian Constitution in the Honourable Gauhati High Court. Contact me for further and more information and any help in filing the Writ Petition.

Q: Harassed for giving illegal interest how can we take action

My father took loan from a khan three years ago, took about 3lacs rupees with an interest of 10% . He has no fixed income and he has pay him about 20k rupees every month.Now my father is broke and has no income, things have become really heated as he went bankrupt. But the khan keeps harrassing my father to pay him. The actual loan was of 3lacs. My father already paid 4lacs which was only the interest itself. But the khan was to keep takin money from him until he pays 3 Lacs at once. This has created chaos in my family and mother has severe depression. Family has fallen apart. I'm his son, and I just learned about this issue lately as my father was hiding it from us. Kindly advice what should I do?

Advocate Sanjay Mitra answered
Firstly approach a good Lawyer in your city. If you are in Guwahati, you can contact me.This Loan Sharks must be taught a lesson.Prima Facie I can advice you to File a FIR with the Police or a complaint Petition with the Magistrate citing harassment and extortion. Further advice can only be given to you after an oral interview and after going through the documents. Whatever you do, do not sit idle, take action.

Q: Bailable warrant under NI Act cheque bounce incident

Hi, A bailable warrant being issued against me for a cheque bounce incident against my home loan at HDFC Ltd. The cheque was of Rs.25000 issued in the year 2016.. However I have paid Rs.142000 there after as payment against EMIs and cheque bounce charges, late payment charges and everything after that cheque got bounced.This is due to my bad financial condition. Police came to me to let me know about this warrant and asked me to visit the respective police station for bail today or tomorrow. Please give me a way out. Do I need to hire a local lawyer? Since my financials are not so good yet what can be the low cost way out. Please advise.

Advocate Sanjay Mitra answered
Go to the concerned Police Station and take the Bail by depositing the mentioned bail amount. Yes it is better if you hire a local lawyer, you will need one anyway for the trial of your case, so might as well get one now. If you are in Guwahati, you can contact me

Q: eligibility clause (Assam) in medical seats on basis of STATE of study

For admission in MBBS course in assam. The directorate has published a new set of rules where they put up a clause that the student should have studied in assam for the state quota seats. I think it is discriminatory. Can we challenge this clause. We are permanent residents of Assam but on this basis my education become meaningless even after qualifying the NEET exam for MBBS course. Other states do not discriminate base on where u study? Can we challenge this clause ?

Advocate Sanjay Mitra answered
Prima facie Yes, a number of Fundamental Rights are being violated and can be challenged under Article 226 of the Constitution in the Gauhati High Court. I can however comment on the same precisely,only after going through all the documents properly.

Q: False case filed, quashing of FIR in the High Court, what to do?

A false case of robbery of rs 600 and physical assault is filed against me after 4 days a Fir reported by against the the same person on charge of physical assault and attention to murder on me, Now can I appeal for quashing of false charge to the honourable high court. Need help

Advocate Sanjay Mitra answered
Referring to the same, yes you can File an Application under Section 482 Cr.Pc. before the Honourable Gauhati High Court for quashing of F.I.R. any time before the Chargesheet is filed and Charges are framed in the Trial Court. Whether the Application will be sustainable or not, can only be answered after I go through all the relevant documents. However you are booked under Section 390 or Section 392 of the I.P.C., i.e. Robbery, the police must be contemplating your arrest by now and hence FIrst and Foremost I would advise you to move the District and Sessions Court for a Pre-Arrest Bail under Section 438 of the Cr.Pc.