Advocate Shenoy Das

Questions Answered by Advocate Shenoy Das (25+ answers)

Q: JD filed bail application, arrears pending

The JD was sent to custody for 30 days for non payment of maintenance arrears (3.80 lacs) , defence Evidence has already been struck off by the magistrate, now JD has filed bail application, as decree holder, what are the remedies to recover the arrears which are close to 4 Lacs , what could be the conditions for granting bail to accused / JD ?

Advocate Shenoy Das answered
You may respond as follows:As the Decree Holder, you should strongly oppose the bail application by highlighting the JD's wilful and continuous disobedience of the maintenance order, accumulation of arrears of nearly ₹4 lakhs, and deliberate non-compliance despite coercive steps. Seek bail only on strict conditions, such as deposit of the entire arrears or at least a substantial portion (50–75%), along with an undertaking to clear the balance within a fixed timeline and continue paying future maintenance regularly. Request the court to direct disclosure of the JD's assets, bank accounts and income, and seek attachment of salary, bank accounts or movable/immovable properties under the execution provisions of the CPC, wherever applicable. If the JD defaults after release, pray for cancellation of bail and issuance of fresh coercive process.

Q: Not getting salary on time even after I resigned

I left the school and submitted clearance on 23 June. 2026. It's been 36 days and still they are holding my salary. Even after sending mails and reminders they are neither reverting my messages or giving me any clear answer.

Advocate Shenoy Das answered
Your employer cannot indefinitely withhold your earned salary merely because you have resigned, especially after you have completed the clearance formalities. First, send a formal notice demanding release of your pending salary, settlement dues and relieving documents within a specified time. Preserve all appointment letters, resignation acceptance, clearance records, salary slips, emails and reminders as evidence. If the employer still fails to pay, you may file a claim before the appropriate Labour Authority under the applicable labour laws (if covered), or institute a civil suit/recovery proceedings for unpaid wages and dues. In appropriate cases, a complaint for unfair labour practice or violation of employment terms may also be maintainable. If the delay is arbitrary and without any contractual justification, you may also claim interest on the delayed payment.

Q: How is lien enforced. Can I combine lien with criminal case?

I have criminal private complaint of cheating, fraud already, but I also have ground to apply for a lien against defendant. Defendant avoided personal summons service. I now send electronic service. Can I use copy of criminal complaint summons to give local bank to impose lien on defendant bank account or do I also have to approach civil court?

Advocate Shenoy Das answered
No, a bank will not impose a lien merely on the basis of a criminal complaint or summons issued in a private complaint case. A summons only requires the accused to appear before the court; it does not create any charge, lien, or attachment over assets.These are some of the alternative-Civil Proceedings – File a recovery suit and if you can show that the defendant is attempting to dispose of assets to defeat recovery.Criminal Proceedings – If the investigating agency is involved and the money constitutes proceeds of crime, the police/court may seek orders.Interim Injunction – In appropriate cases, seek urgent interim relief restraining the defendant from alienating assets pending adjudication.Execution Remedies – Once a decree or compensation order is obtained, bank accounts can be attached through execution proceedings

Q: Illegal termination case in labour court in Roase Avenue

Illegal terminal from Delhi State cooperative Bank ltd. Management of the bank which claimed that same case does not come under the jurisdiction of Central Government labour court So I have withdrawn the case from the court. Although case had been pending from last six year. I had to withdraw the case due to save waist of time Am I right or wrong in this regard

Advocate Shenoy Das answered
If the case was withdrawn without adjudication on merits, you may still institute appropriate proceedings before the competent Labour Court/Industrial Tribunal having jurisdiction, subject to the terms of the withdrawal order and limitation principles.Since the matter remained pending for six years, you may seek exclusion of the period spent bona fide before the wrong forum by invoking principles akin to Section 14 of the Limitation Act, 1963. If the withdrawal was based solely on lack of jurisdiction, such time may be considered while computing limitation.You should obtain a certified copy of the withdrawal order and have the issue of jurisdiction examined afresh. If your termination was illegal, reliefs such as reinstatement, continuity of service, back wages, and consequential benefits may still be available before the appropriate forum. Therefore, withdrawal of the earlier proceedings does not by itself amount to abandonment of your rights, provided prompt steps are taken before the competent authority.

Q: Protection against blackmail and threat of a false rape case by a marr

Sir, a married woman was repeatedly forcing me to meet her and threatening to come to Delhi. Under pressure, I met her. We went to an OYO hotel with mutual consent, where she voluntarily provided her ID and signed. Now, she is blackmailing me with threats of filing a fake rape case. Kindly take note of this matter to prevent any false FIR against me.

Advocate Shenoy Das answered
You should immediately preserve all electronic evidence, including call recordings, WhatsApp chats, messages, hotel records, travel details, and any material demonstrating consensual interaction. You may lodge a detailed written complaint before the jurisdictional SHO and the DCP/Commissioner of Police narrating the threats and seeking preventive action. In the event an FIR is registered, you may avail the remedy of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. If the threats are accompanied by demands or coercion, appropriate proceedings for criminal intimidation and extortion may also be initiated. Since the parties are adults and the meeting is stated to have been consensual, documentary evidence assumes significant importance. It is advisable not to communicate privately or engage in any conduct capable of being misconstrued. Prompt legal consultation and preservation of evidence are imperative.