Advocate Shoaib Khan

Questions Answered by Advocate Shoaib Khan

Q: Forced Strip Search in school due to suspicions of carrying an E-Cig

Hello! I was recently strip searched against my will in my school due to suspicions of carrying an e-cig, i was wondering if what happened was legal? my co-ordinator asked a PE teacher to check my underwear for it and i denied but she insisted and as i had a fear of my parents knowing i had to go through with it, it has been a few days and i feel horrible because the PE teacher touched me in an area i was not comfortable with. I was carrying an e-cig because I am currently trying to beat my cigarette addiction. I do not wish for the PE teacher to get into trouble as he understood my situation and didn't want to do it either but he had to because of the teacher. Please let me know the legal opinion on this, thanks!

Advocate Shoaib Khan answered
Schools ought to have zero tolerance against any behaviour that adversely affects the physical, emotional and psychological well-being of it’s students. I’m sorry to hear that you’d to face such a scenario. You can file a complaint alleging molestation, sexual assault, harassment, and inappropriate behaviour. The resultant mental agony faced by you is an offense and considering the severity of the situation, the school authorities/management should be taken to task. Sections 354 (molestation) and 354A (sexual harassment) of IPC, and sections 7 (sexual assault) and 8 (punishment for sexual assault) of Protection of Children from Sexual Offences (POCSO) Act, would come to your aid and help. I understand that you must be having several thoughts as to how to pursue the matter, considering that you feared your parents knowing about the e-cig. I’d need to gather more information to offer you legal advice considering your position and predicament. For instance, are you a major/minor?

Q: Its a rape matter and filed by my brother's girlfriend and she is marr

My brother is in custody for more than 9 months and and the complainant does not coming for evidence despite 7 datesnAnd trial court still not granting bail to my brother

Advocate Shoaib Khan answered
There are many judicial precedents (cases) of several High Courts and the Supreme Court of India, that might come to your aid and help your brother in getting bail. For a better and comprehensive legal advice, I’d need to gather more information from you, and peruse the rejection of bail order(s) and copy of the FIR.

Q: Beaten by the man who i was dating

A married man who i had an affair with beat me infront of his wife and her family members just to prove to them that i was wrong. I also hit him on his face infront of them but i am justified to do so while he isn't. It was he who lies to his wife about us having physical relations , on the contrary i admitted to it when we were caught by her. He had stopped me from sharing the physical intimacy part infront of his wife because he wanted to hide it from her. That idiot! So when i admitted and said that it was mutual, he hit me infront of the whole fily and asked me to get out of the house. Clap clap! What a sissy he is. He was the one who initiated the affair and it went on for 3. 5 years and then when he gets caught he hits me to shed all the responsibility in front of he wife's family. I want to get him arrested, can i?

Advocate Shoaib Khan answered
The Supreme Court in Joseph Shine v. Union of India, 2018 has ruled that adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Before this precedent by SC, any man who had sex with a married woman, without the permission of her husband, had committed a crime and he ought to be punished with imprisonment for up to 5 years. (S. 497 of IPC- Adultery)Presently, adultery can be a ground for any kind of civil wrong including dissolution of marriage, but it is not a criminal offence. If you wish that he should be arrested for the wrongs committed against you, I can share legal advice but I need to gather some information before and discuss the matter. For instance, if you’re a married woman yourself?

Q: What to do if the property is not handed over but money demanded

i signed agreement of sale / purchase between me and my brother . My brother expired all of a sudden . I file suit for specific performance in competent court against legal heirs of my brother. It was compromised and decreed in my favour but the judge decreed I pay 10 lakhs thro PDC and other party complete the transfer of property papers . The post dated cheque the other party has presented before the bank without completing the transfer of property . The advocate has sent legal notice for cheque bouncing and the property transfer proceeding are not yet started .

Advocate Shoaib Khan answered
Specific performance suit salary declared which time down directions for payment of balance sale consideration in case the payment is not made or deposit in the court the conditional decree of specific performance is fatal for the decree holder the decree becomes null and void for non payment within the time granted by the court so without seeing the decree past in your favour no specific opinion can be given you can go through the exact depreciate and consult the local local lawyer for this purpose she is the payment has not been made and cheque not cleared so that is no deposit in the eyes of law.