Advocate Shriram Vishwnath Bhardwaj

Questions Answered by Advocate Shriram Vishwnath Bhardwaj

Q: Remedy if a person is unable to repay education loan

I took education loan in 2012 from a bank of Rs.162000/- I started my instalment after one month. but due to some financial problem sometime i could not able to pay my installment. from 5 years i am paying installment. from 5-6 month i lost my job and have financial problem and i could not pay. i have paid more amount to bank than i took. so now i am not able to paying this loan because i have no job and no any other properties to pay this loan. but i want to close this account with single and small amount. please give me advise what i do ?

Advocate Shriram Vishwnath Bhardwaj answered
Dear You have to pay the loan amount by any means but what amount you havecto pay is a question which needs some attention. So you can talk to some lawyer or bank official to arrange settlement in this regard.

Q: can police change section 452 to a bailable offence

I received my FIR copy on 14.8.18 stating ipc sec 452 on the accused which is non bailable. But Today it came to my notice that the accused have not gone to the court for bail, neither have they been arrested. Is it possible for the police to change the sec 452 to a bailable one?

Advocate Shriram Vishwnath Bhardwaj answered
NO, the police can not change the section of law once it is charged. Even in non-bailabe offence the police can grant bail if the punishment is below 7 years with the condition that the officer in-charge has to mention the reason for his order. thanks

Q: What to so if false case of Sec 354 has been filed

I have been alleged with section 354 falsely by a lady. What should I do now?

Advocate Shriram Vishwnath Bhardwaj answered
अगर आपके विरुद्ध झूठा केस फ़ाइल किया गया है तो भी आपको केस को लड़ना पड़ेगा। इसके लिए अच्छा है की आप अपने लिए एक वकील कर लें। ये केस थोड़ा पेचीदा किस्म के होते हैं। बाकी आप थोड़ा धैर्य रखें। आपको चिंता करने की जरूरत नहीं है। केवल एक अच्छा वकील अपने लिए कर लें। बस आपको इतना ही करना है।

Q: What action can be taken if the company will claim amount invested

I have invested rs 10lakh of a friend into a company and in return provided him an affadavit to repay the amount with 12% intrest within a year in 2016 sept.The company repaid its profit on investment till feb 2017 upto 3 lakh.. and went unoperational due to some legal issues. The owner is facing various FIR and is undergoing case for money laundering by ED & STF. Now the person from whom i have taken investment is asking for his money and threatening to produce that affadavit in court against me. Although i have also filed a refund in court and company tribunal against the company. Now my ques is if that investor from whom i have taken and invested the money into that company, files complaint against me are there any liabilities that can be framed on me by court

Advocate Shriram Vishwnath Bhardwaj answered
Dear, although your case falls under civil side but you have testified by way of affidavit to clear the debt amount so if your friend proceeds against you then in such event a complaint or FIR may be lodged against you under section 417 to 420 of IPC .

Q: I was promoted by HP High Court judgement can i claim seniority

Promoted by HP High Court judgement Joined on 12 Jan 2012 review petition filed judgement withdrawn deptt gives seniority from 2015 can I claim seniority from date of joining i.e. from 12 Jan 2012

Advocate Shriram Vishwnath Bhardwaj answered
Yes, you can claim seniority from the date of joining . But it is not clear as to what Review petition you had preferred earlier and on which ground it was withdrawn. Kindly mention the facts clearly or talk to me. Thanks