Advocate Siddharth Jain

Questions Answered by Advocate Siddharth Jain

Q: Complaint regarding refund of fees from a coaching institute.

I am a student of class 11, studying at a prominent coaching institute for jee coaching. I have, apparantly signed a contract stating that my fees can't be refunded in any case as "the fees i have paid cannot be recovered as the institute doesn't enroll students mid-course". I am facing a lot of pressure and am not able to cope up and want to quit the institute. Do i have the right to get a fraction of my fees refunded, despite the signed contract? If so, then if the institute refuses to return a fair portion of fees, what should I do? It would be great if we communicated only and only via e mail and not by call.Thank you.

Advocate Siddharth Jain answered
ideally as you have signed a contract, it would be difficult for you to recover the remaining fees. however your rights flow from a complete reading of the contract only and, hence, without going through the complete document it would be difficult to give a conclusive advice.

Q: About bail surety after CS filed with no arrest

Hello Sir,1) Me, father and mother got summon from court for IPC 498a/406/34.2) Charge-sheet filed by IO without arrest.3) on first date of 498a magistrate ask for ₹15 k surety.4) my brother and sister will stand as a surety for mother and father, but I am unable to find third surety for me.5) So please let me know what will be the alternative for me as I am unable to get third person for surety for myself.6) Can one family member stand as a surety for two accused person in one case . If yes please share any judgement.

Advocate Siddharth Jain answered
yes . one person can stand as a surety for more than one accused subject to the satisfaction of the court . hence your family members can provide surety for you as well but before that Court would like to satisy itself as regards the capability of the surety to fulfil its undertaking if so required

Q: Payment default after delivery of good - pdc diahonour

A contractor is refusing to pay the balance amount for delivery goods given to psu guest house. Amount is 150000, was paid by pdc, which when presented was dishonoured due to 'alterations requires drawer authority' as stated in cheque return memo.We have lots of evidence of the transaction invoices, receiving of goods, dishonoured cheque, gst and billing address of buyer on order confiemation form.What to do is buyer refuses payment even after legal notice ?Can we file for order 37 and cheque bounce civil suit and cheating or fraud case 417/420 in ipc ?.

Advocate Siddharth Jain answered
yes . you can very well proceed against the defaulter on the strength of the documents available with you both under Civil and criminal law. however the merits of your case can be ascertained only after the documents have been read and analysed

Q: Please Assist Me On Following Query

I would like to send a legal notice only to my wife as she is not living with me for the last 1 year. What will the fee???

Advocate Siddharth Jain answered
i would certainly assist you on this but you need to contact me personally on the number provided to discuss the requisite issue.you can contact me any day during office hours and we can take it from there.

Q: How to extend date for second motion

Me and my wife filed for MCD in Aug 2019 and court has given date of Feb 2020 for second motion.I need suggestions on following parts1) How can i seek extension for filling of second motion2) On what grounds I can seek extension3) If i appear infront of judge on asked date and request Judge that I need some more time think on divorce.Against the Request how much time court can grant for proper thinking on divorce4) what options left with my wife if i ask court for some more time 5) on what grounds wife can withdraw petition of MCD against my request for extension of time. Because her family is forcing me to sign second motion6) can wife file case for contested divorce7) What about 498a i have already made the complete payment related to alominy .The whole of doing this is to buy time for saving of marriage Please suggest

Advocate Siddharth Jain answered
first of all, If your wife is not ready to continue with the marriage, there is no point asking for time to think upon the divorce. secondly, the life of a MCD is 18 months from the date of First Motion. you can approach the court any time before the expiry thereof.in MCD, court cant force parties to do anything. it only moves as per the mutual consent of the contesting parties. you need to discuss with your wife for the way forward.