Advocate Shiv Pande

Questions Answered by Advocate Shiv Pande

Q: Can a case compromised in high court be brought back

There are two parties in my village. They had a clash over their children around 3 months ago. After 3 months of clash they made compromise in High court. Now after 3 months of compromise one party is blackmailing other party by saying that they will bring that case back. And by saying this they are demanding money from other party. My question is that if any case is compromised between parties in High court in presence of High court justice, can this compromise can be take back by any party? Or simply one party is blackmailing the other party? Please Answer.

Advocate Shiv Pande answered
If either of the parties to the compromise violates the conditions of the compromise the other party is always free to move an application for before the competent court. But in case your party has not violated any condition then in that scenario the remedy for you will be to make an application before the concerned Police station and for safety also mark a copy of the same to the SSP of the area informing them that you are being threatened by the other party in such a manner.

Q: Limitation period for filing a case for sexual harassment

I made my complaint personally handed over to police on 19-5-2018. My case is regarding 'sexual harassment as a minor'. Till now they have not lodged a FIR. They are saying the case is 'too old'! What to do?

Advocate Shiv Pande answered
There is no period of limitation as per a complaint of sexual harassment. If the police is not accepting the same you can send in a letter to the SSP along with a copy of the same to the relevant police station. If no action is taken then also, you can approach the concerned Judicial Magistrate of your area and file a complaint under Section 156(3) of the Criminal Procedure Code.

Q: Will the phone conversation be admissible in court?

Hi all, can a phone conversation with my husband's relative be a valid proof of domestic violence, phone call clearly indicates domestic abuse 2 times.

Advocate Shiv Pande answered
Yes , once a conversation is recorded it can be a valid proof but the same has to be proved in court as per the Indian evidence act. Electronic evidence is admissibale considering it is proved in the proper manner. There are certain guidelines for proving electronic evidence and the same need to be adheared to.

Q: What to do if Bail is rejected in High Court

Applied for bail in attempt to murder and arms act in high court but the court has given a counter of 28 days . What to do next

Advocate Shiv Pande answered
The proper course is to wait for the counter. Your bail is not yet rejected and may be granted after the counter affidavit is filed. The court generally does not Grant bail straight away in serious crimes and ask for a counter. If the high court eventually dismisses the bail application you have the option to approach the honble Apex court for seeking the bail application.

Q: False allegations printed on newspaper with name & address details

Can someone print false allegations against me on newspaper with my name and address and professional details without any court hearing. If not, what should i do as i am getting defamed?

Advocate Shiv Pande answered
No they cannot print false information against you. You can send them a notice for defamation and asking them to withdraw the said false information and tender an unconditional apology. If they do not do the same, you can proceed against them in criminal law..