Advocate Shashank Choudhary

Questions Answered by Advocate Shashank Choudhary

Q: Ex-boyfriend using girlfriend's email account & blackmailing her

Hi Sir, I was in to a relation and the person had my email id and password now when relation is ended he is still using my mail and denied the same. I am worried if might have send some mails favoring him which will cause legal binding on me. he has also blackmailed me for money he had spend and also in mails regards to publish of pics in social sites. Kindly help how can i state if mails are being not send by me & such black mail and cyber crime intention be legally addressed.

Advocate Shashank Choudhary answered
Dear Friend,As its a matter of cyber crime if done if not then you can send him a legal notice regarding all your electronic identity claims and if that guy does not we have other alternative also regarding pics its a worry part as difficult to find the source

Q: Builder wrongly mentioned flat number in the agreement

Hi if there is an change in agreement of flat no wrongly mentioned by builder during revedevelopment process. The builder has erroneously mentioned 501 instead of 601 and has not mentioned anywhere the new occupant of 501.

Advocate Shashank Choudhary answered
Dear Friend,As per your your Query can go with rectification deed' There is a procedure known as 'rectification deed' where you may register a deed of rectification mentioning of minor changes in your original agreement which will be a valid document read along with your original agreement.Our lawyer Team can help you.

Q: Can my name be added,with my mom for our flat as joint owner

My mom name as in joint with my dad...after his death my mom owns the flat and my name is as nominee.. now my mom wants my name to be added as joint. I am 42 years and single..and not planning to marry in future.. is it possible my name as joint.

Advocate Shashank Choudhary answered
Dear Friend ,As you name can be added along with your mother name for the same have to go for succession certificate and your name will be added later on Do let me know more details or visit office for the same.

Q: False allegations of sec. ipc 420,418,406,34 against me and my co.

I have a company in which I have given franchisees to people regarding education. The agreement was for 36 months and the break even period was 12 months. There is an arbitration clause in the agreement which states that in the event of non fulfilment of any clauses the parties can take the help of arbitration. The co. could not refund the money within 6 to 12 months as these franchisees started similar business and violated the copyright and trademark. They have done this to shut my business in anti competition. I submitted complaint copies to CP, ACP, DCP when I met them and requested for an investigation against them. I mentioned my move in a group which they got to know and these 7 franchisees got together and reported it in Police Station and the Police lodges an FIR against me and my co. with sec 420, 406, 418, 34 without understanding or investigating anything. I am the first complainant but my complaint was not taken seriously rather complaint was put against me. Please help.

Advocate Shashank Choudhary answered
Dear Friend,o see prior Agreement and other documents.As Per the current Scene and Situation these are the section impulsed on you Now you can go for quash of FIR for the same i need tSection 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property.Section 418 Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.—Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protectSection 406 Punishment for criminal breach of trust.—Whoever commits criminal breach of trust Section 34 Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone

Q: Moneylender refusing to return blank cheque even after payment of loan

sir I had given a signed blank cheque to moneylander and tooked 6 lac rupees and I had returned him amount in cash now he refuses to return cheque he goes on harassing me please answer me what should I do

Advocate Shashank Choudhary answered
A cheque can be presented any number of times during the period of its validity by payee. On each presentation of the cheque and its dishonour a fresh right – and not cause of action – accrues in his favour. He may, therefore, without taking pre-emptory action in exercise of his such right under Cl (b) of sec. 138, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque.”