Advocate Saravanan

Questions Answered by Advocate Saravanan

Q: I Had A Case In Section Of 294 323 Ipc But It Framed Dramatically

If a case made fir status shown as a mistake of fact and it was worng framed case is this case affect my carrer in government jobs fir status mistake of fact plz suggest me clear cut information by the police it was refferd as mistake of fact

Advocate Saravanan answered
no it will not affect your carrier since the case has been closed for mistake of fact. the Police officer on investigation come to a conclusion that there is no prima facie case made out. then the investigation officer sent report to concerned magistrate as charge sheet referred as mistake of fact.

Q: How to take stolen bike recovered by police.

Hi sir / Madam, I lost my bike and now it is recovered by police. I filed a petition in court to take possession of the bike, but the recovered bike if fully damaged and only engine and chasis is left . Do I need to show any surety in court to get the order approval?? If so , what type of surety can I submit ?

Advocate Saravanan answered
file a petition under section 451and 457of crimina procedure code before the concerned magistrate court with vehicle records. on order from the court the police official will hand over vehicle as per order of the court

Q: Will the bail be granted by high court under 307

U/s 307 accused apprehensed he applied anticipatery in session court dismissed but he applied on high court bail grantedo r not.

Advocate Saravanan answered
Bail is the purely discretionary power of the court. Each case has a Separate reasons to grant bail. If the case is not cover the secrion 307 of IPC. THERE WILL BE BAIL. So bail can be granted by court circumstances of the case

Q: Brother cheated my father by forging the documents for a loan

I have a problem with my brother on my father's property. Actually we took a loan on his name and the bank and my brother have told my father that he has sign for surety as the land and house was in my father's name. But he has changed the property as gift deed from my father on his name without my father's knowledge. It all happened in 2010 and my father till recently believed that he has given only surety. ONLY RECENTLY WE DISCOVERED THE CHEATING OF MY BROTHER. We have spoken with him regarding this but he refuses to give it back. As we have paid part amount for the loan (paid only through him) and the rest also we are ready to pay. But he is not allowing us to pay and not ready to give back the property. The document is still in the bank as the loan is running. My brother and myself are working in government sector. Now i need consultation regarding how to recover the property.

Advocate Saravanan answered
Now you can file suit for cacellation gift deed and can claim the property. If the property is an ancestral one, you as a co-parcernar file. Suit for partition and declaration of the gift deed as null and void

Q: What is the meaning of judgement suo motto

Wanna know the meaning of judgement suomotto reopened for clarification. At request for clarification. This is biagamy case against my husband.

Advocate Saravanan answered
At the time of writing judgment any doubt is arise or any clarification is need by the presiding officer. Then the PO is empowered to reopen the case for clear the doubt . That is called as suomoto open