Advocate Saravana Kumar

Questions Answered by Advocate Saravana Kumar (50+ answers)

Q: Disposed as uncontested--decreed with costs meaning

Sir, I filed a complaint on July-2015,my case exparty does not attend any vaitha.so my case is disposed as 'Uncontested-Digreed with cost' on Sep-2016.My advogate is over delaying for the next process, I don't know about what's that reason.. I asking so many time advogate but every time he said many reasons like judge leave, court leave and so many reasons. I lose my hope the lawyer, please sir kindly help me sir...and I want to know about How many days need to a uncontested exparty case????&.....uncontested decreed with costs meaning ?

Advocate Saravana Kumar answered
Normally the exparte decree will be ready with in three months or earlier and the said judgement is typed by typist not steno. It is noted that which judge pronounced the judgement that the same judge should sign the judgement even though judge is transferred to other court and normally it takes sometime.

Q: Who can give surety for bail in india ?

Hi, who can stand as surety for bail in India? What documents are required for an individual acting as surety? Also, if the surety amount is ₹15,000, what documents are needed for bail in India?

Advocate Saravana Kumar answered
The value of sureties is typically determined based on the economic situation of the accused, but courts often require higher surety amounts, regardless of the offense. Sureties for property-related offenses are generally set higher than for personal offenses. For a surety amount of ₹15,000, courts typically require documents such as family cards, property tax receipts, and solvency certificates from the Tehsildar. The person acting as surety must be mentally sound, not declared insolvent, and may discharge their responsibility under CrPC Section 444 (BNSS Section 489).

Q: can we beat police in self defence if I get physically assaulted ?

I am asking this question, because of current scenario in chennai, law and order is being ruined by police itself.. so if I am in a position of being assaulted by police, can i hit police officer in self defense, Will it come under self protection or will I be punished by law for hitting a police officer in duty?

Advocate Saravana Kumar answered
Section 96 and section 97 of Indian penal code gave right of self defence to everybody to protect his own body or others body and protect his property and others property subject to the limitation as envisage in section 99 of IPC that means your act of private defence should be reasonable and not excessive at any point of time.suppose if a man tries to hurt you by a stone you have private defence of prevent him by slap him but not attack with rod.further when police acts according to law as per direction of higher authority you have no right of private defence as said in section 99 of ipc.in that case said by you liability to prove your innocence lies on you only.

Q: Is signature of complainant necessary for filing an FIR

I am railway employ.while on duty other 3employees assaulted me.now iam in sick at railway hospital.government railway police ask me to come and sign the FIR copy.is this necessary for my signatures in FIR?is there is any chance of arresting by police,since counter case also filed against me?

Advocate Saravana Kumar answered
The Signature of victim is not necessary in the FIR and complaint too. The statement of victim is necessary and when the situation is out of control, then any body can set the criminal law in motion and it is the nucleus of criminal jurisprudence.

Q: Can a case be quashed with reference to the judgement of split case

Dear Sir / Madam, A FIR was registered for cruelty against me, my mother and 3 other relatives and the same case came into trial few years ago. Eventually the case was split into 2 with me and one of the relatives in one case and my mother and the other 2 relatives in the other. While my case is still pending trial, my mothers case underwent trials, where all the witnesses were examined. The case was dismissed recently as there was no evidence against them and that it was a false case. My question is, now that my mothers case is dismissed, is there a way to quash mine without having to appear for trials? Note: I had previously won the divorce case filed against my ex wife.

Advocate Saravana Kumar answered
When the charge was same against all persons in a single case and acquittal of some persons will have the probability of get order in quash petition filed under section 482 of criminal procedure code.