Advocate Shital Upadhyay

Questions Answered by Advocate Shital Upadhyay

Q: Brother sold all machinery of company run by HUF

I am sleeping director in private co. run by HUF and 2 brother are whole time director i am also shareholder in it the co. has been dormant from devade but have recently become active and my brother sold all machinery and land on which factory operate they are owner in land what can i doo

Advocate Shital Upadhyay answered
unable to reply as no proper information available. i.e. your share, your agreement if any, how the land is given to company who is the actual owner, how the land has been pruchased, etc...consult advocate in person along with all documents

Q: Aggrieved get double the amount in a cheque bounce case u/s 138

Hello sir.. I had received an cheque of rs 5 lakh from one person before 2 year.. as I had deposited in my a/c at that time..the cheque got bounce due to insufficient fund in there a/c. I had completed all the legal procedure send him a legal notice & file a case under section 138.. now he is saying take 4 lakh & take back your case.. if i calculated I had lost 2 years of interest of 5 lakh .I had wasted more than 80 thousands in advocate fees & all.. I had heard that if I win case I will get double of amount that is 10 lakh.. my advocate is saying my winning chances is 90% but it's not sure how much amount you will get.. what should I do??.. please guide me..

Advocate Shital Upadhyay answered
you have to file summary suit along with your interest and other things. sec. 138 will support you in getting the actual amount of check which is bounced and the penalty or jail which is appropriate as per the act.

Q: Legal remedy against divorce case pending since past two years

My case is pending since last 2 years for divorce petition, I always going to court which is 225 km away from my place because it was transferred to my wife's residence place. I always believe that the laws is still favoring women. though they are misusing the law. how can i fight? even she is earning and not having kids she asked monthly maintanance and she is only interested in delaying the case and interested in how can I frustrate. I dont see any solution in this type of pathetic law system of the country

Advocate Shital Upadhyay answered
this is a family law based on the social formation of our country. you have not mentioned clearly that its divorce case or maintenance case. also in any case looking to your social responsibility maintenance is going to be awarded now or at later stage. how your advocate represents the facts and evidences of her job is imp. also its on which stage is not mentioned so difficult to advice you clearly. the best remedy is settle the matter with lumsum amount of permanent maintenance and take matual consent divorce than after.