Advocate Shashank Dixit

Questions Answered by Advocate Shashank Dixit

Q: Compassionate employment under the new scheme

Can a person avail the employment on compassionate ground if his father was a public servant and died in 2008 during service and compassionate employment scheme was shut down during that period. A new compassionate employment scheme takes effect from 5/8/2014.

Advocate Shashank Dixit answered
Please be a little more specific as to the type of service your father was in. Also, I am sure there must be some other legislation in the previous one is shut down for any reason. Thank YouShashank

Q: Recovery of money led to a neighbour

One of my neighbours met at one evening in Jan 2018. He was having some property documents in his hand. He said he need some money as his father in law has passed away and he needs some money badly. He said he is looking for some loan against property papers. Keep in view the situation, I gave him some amount on the promise that he will give me back the same within 10 days. He did not come back even for 3 months. When I visited his place and asked for money, he asked for 15 days. After 15 days, he asked for one month and like this, he is asking for time only. I discussed the matter with one of my another neighbour, he advised me to take a cheque from him. I asked him for a cheque, but at evening he gave me "self-cheque". When I asked for a cheque in my name. He said he does not have a chequebook and that was the last cheque which he had made as a self-cheque. Now I come to know that he always does this. Please advise me what I should do now.

Advocate Shashank Dixit answered
Hi,You need to be a little more specific as to the mode of payment of loan to the neighbor. The number of people in front of whom the incident happened and who all can testify for in your favor the same. ThanksSD

Q: Submitting documents on same day of hearing in consumer courts

Is Delhi Consumer Court open on Saturday ? Also, if I need to submit a document, Can I do it same day of hearing?

Advocate Shashank Dixit answered
Consumer courts are not open on Saturdays. Yes, you may submit the document on the date of hearing itself. In fact, filing of document is preferred on the date of hearing that to file it in the Registry. Thanks.SD

Q: What is the remedy for a person Convicted In 138 N.I act?

The accused convicted by the court passing ex-parte order. What remedy he has now? Appeal under 374 crpc or revision before sessions 397 crpc??? Thanks in advance

Advocate Shashank Dixit answered
You can approach the Session's/District Magistrate by way of an appeal stating the reasons of your absence before the trail court and get the conviction set-aside. The Revision is preferred when the right to appeal has already been exhausted.

Q: How to get a mobile tower removed

Sir,what step should be taken for removal of mobile tower. how to stop mobile tower installation in residential area?

Advocate Shashank Dixit answered
Dear Sender,I believe there must be some contractual obligation on both the parties. You may approach the court for removal of the tower as per terms of the contract. If there was no contact, you can have the tower removed instantly.