Advocate Shilpi Chowdhuri

Questions Answered by Advocate Shilpi Chowdhuri

Q: Essential Qualification vs higher qualification

In a certain Govt Job advertisement essential qualification was asked for diploma in engineering. there was a total of 10 post. 2 post was reserved for SC category. But at the time of selection it has been found that the candidate who appointed was not a diploma holder but a degree holder. but in interview diploma holders was also there and qualified the interview. now the question is can a public service commission overlook the essential qualification as it was clearly mention those post was for diploma holders; even the pay scale was for diploma category? please answer should i go for a petition to high court?

Advocate Shilpi Chowdhuri answered
Some tyms gov did something which we say govment policy n it is legal. U hv option, u can pray ur required information under RTI in d concern authority from where such post was required. Suthority is bound to provide all information as per ur requirmnt within 30 days if not provide u can approach to d higher authority. Aftr getting such information if u find any discrimination has been done u can file Writ Petition to d High Court against d Govt.

Q: i am ganesh saha i want to appel for house property of my late father

hlw my name is ganesh saha .my father died in 1998 and my mother died in 2014 .we are 2 brother and 4 sister on sister is unmarried. how can i appeal for house property.is my sister able to appel for my business property (business home)

Advocate Shilpi Chowdhuri answered
If d property or business is in d name of your fadr or modr den 1st of all u need survival certificate den u should fild case for succession certificate, there aftr u can file civil case for partition of d property or business for your share. If d property did not transferd by your parents to any of your brother or sistr by gift or by will. All hv equal right over d property ur parents left.

Q: How to recover money on the basis of bank account details

The legal procedure how to recover money from distant cheater where the money transferred through bank account to bank account .no other identification of the criminal recently available. How should the money be recovered?

Advocate Shilpi Chowdhuri answered
This is falls under cyber crime. Visit your bank, inform all about your problem. As per RBI guidelines all banking systems r bcm digital now. A digital transaction goes through various intermediary platforms such as d payer bank, the payee bank, d payment gateway etc. n dat has to b encrypted, to protect customer, fraud detection n prevention mechanism n assess has been implementd. I think u can get detail about d distant cheater from your bank or d banker of d cheater.

Q: Divorce on the ground of undisclosed abortion

My wife has done abortion without informing me. During abortion another man sign in consent paper. Due to abortion she will not concive in future ever because of some complications. So can I file divorce case against her because I can't be a father of child if I stay with that lady. And please provide the Act. of law on which I can file divorce petition.

Advocate Shilpi Chowdhuri answered
To file divorce case some specific grounds r required according 2 Hindu Marriage Act. On cruelty option u hv ground to file case. 2 make u clear about d option i. e. When he/she is subjectd to any kind of mental n physical injury dat causes danger 2 life, limb n health. D intangible acts of cruelty through mental torture r nt judged upon 1 single act but series of incidents. So u hv option 2 file divorce case on dat ground

Q: Can a defamation case be filed on saying something

someone is accusing me of saying that "bank ke slips bech do aur khoob paisa kamao".Will that come under defamation.Can a case be filed against me for just saying so?

Advocate Shilpi Chowdhuri answered
Essential elements for defamation case is dt 1.language must b defamatory. 2. False. 3. It refers to u. 4. Published to d 3rd party other then u. 5.cause injury or damage ur reputation.Defamation is of 2 types-libel n slanderLibel is where d word is usd in writing, printing etc. Slander is where d word is usd spoken.If u can prove those things defintly u hv case.