Advocate Sanjoy Kumar Guha

Questions Answered by Advocate Sanjoy Kumar Guha (25+ answers)

Q: How many days it takes to withdraw 498a case ?

My wife is willing to withdraw 498a/406 Case against me as we have made an agreement where I am ready for MCD and she will appeal to judge to withdraw 498a aganist me. My question is can 498a case be withdrawn ? and how much time or what is the process judge will take to complete 498a withdrawn activity ? And what is the process?

Advocate Sanjoy Kumar Guha answered
your wife is willing to withdraw 498a/406 Case against you and have made agreement with you with that effect between you and if charge sheet is submitted by police then it will take 2-3 date for completion and for MCD it required 180 days .

Q: Can a person charged under section 304 leave city multiple times?

My friend has been slapped 304 after he met with an accident that claimed the life of his co-passenger. He had alcohol that night , however there's no proof as to how much he consumed. He is on bail. Has been granted permission to leave the city. He wants to attend hearing and leave the city again. Does he have to apply again for permission?

Advocate Sanjoy Kumar Guha answered
he has alleged allegation of 304 and is on bail and want to leave , not to leave the city which is condition of 437 and after charge sheet it has no value , your friend can leave city any time but must present or co.operate with for attain before court .

Q: Rules regarding PR Visa when criminal proceedings is in course

 I have a criminal case section 380 and 424 ,which was lodged by our tenants falsely. This is totally a false case and the tenants do not stand a chance but the case is ongoing for 4 years now . Most of the time they do not appear in front of the court . the FIR was lodged against my father ,myself and my wife . now i am planning to get a Canadian PR visa in MRPS route for work purpose I this process a PCC ( police clearance certificate) is needed for me to submit with all other relevant documents . Now how do i get this PCC and will i get a PCC in my scenario as i have a case ongoing in my city . Please advise me on this .... regards

Advocate Sanjoy Kumar Guha answered
AS PER YOUR QUESTION how do i get this PCC and will i get a PCC in my scenario as i have a case ongoing in my city the answer is that what ever pending cases but there is no condition of bail bond that not to go to outside india and you arel of course eligible for PCC

Q: Can sister or her sons claim successorship over grandparents property

IF ANY UNMARRIED HINDU WOMAN WILL EXPIRED , HER PARENTS BEEN EXPIRED,TWO SISTER MARRIED ,ONE OF THEM EXPIRED.HER TWO SONS PRESENTS. WHO WILL BE THE SUCCESSOR FOR RECEIVE MONEY ? ONLY PRESENT SISTER OR DECEASED SISTERS SONS AND PRESENT SISTER BOTH ??

Advocate Sanjoy Kumar Guha answered
IF ANY UNMARRIED HINDU WOMAN WILL EXPIRED , HER PARENTS BEEN EXPIRED,TWO SISTER MARRIED ,ONE OF THEM EXPIRED.HER TWO SONS PRESENTS. WHO WILL BE THE SUCCESSOR FOR RECEIVE MONEY ? the answer is upon the heirs of the father ONLY .

Q: How to deal with misrepresentation in relation to company's product

My name is Joy prakash singh residing at uttarpara(hooghly). On 22.05.2017 i had ordered hitachi 312EAEA /1.0ton split ac which costs Rs 40,000 from 'Great Eastern' uttarpara,hooghly. My invoice number is UP/SA/1718/02946. The Great Eastern salesperson had said that the AC will be delivered within 6days. On 27.05.2017 the AC was delivered at my address around 11.00am. But few moments later when i checked the AC model, i found out that wrong model was delivered to me. they delivered me ESG312EAD which presently costs Rs24,272 online. When i contacted the delivery man he said that he had delivered the product which he was told to deliver and that there was only one Hitachi AC on his vehicle.The delivery man told me to contact Great Eastern assuring me that he had not done any mistake. When i went to Great Eastern uttarpara to inform about the incident the sales person didn't take any responsibility and till now i haven't received correct model...

Advocate Sanjoy Kumar Guha answered
first of all you did not mention whether money is paid or not in your question ,if you paid ,you have one copy invoice from which it can presume the model no. and you can raise one complaint before there office authority regarding the matter and mentioned therein for 15 days time after that if no result then you can lodge complaint against Grate Eastern before consumer Forum and if you did not paid money then you need not be worried , go another shop and buy one .