Advocate Siddhartha Mishra

Questions Answered by Advocate Siddhartha Mishra

Q: For the returning the case filed under the section 420

Mene vakil se consultation liya ki mujhe cyber-crime and 420 mei case dalna h par mere vakil ne 420,504,506 sections under the IPC draft ready Kia aur case dal dia aur jis din mei court mei Gaya meri date hi nhi lgi aur iske do din hi bad jiske against mei case dal rha tha usne mujhe Sara Payment kr dia to ab mei us case ko wapis Lena chahta hu. Jab mei vakil se apna case number mangta hu to wo nhi deta aur online apne name se ya respondent ke name se search krta hu to koi case nhi aata h to.

Advocate Siddhartha Mishra answered
You have the option to withdraw a complaint before the court based on the grounds of settlement. This decision often arises when parties involved in a legal dispute reach an agreement to resolve their differences outside of the formal legal process. Withdrawing the complaint signifies a mutual understanding and acceptance of the terms outlined in the settlement agreement.Informing the court about your intent to withdraw the complaint is a procedural step, and the court typically respects the parties' autonomy in settling their disputes amicably. This approach fosters a more conciliatory and less adversarial resolution to legal matters.Grounds for withdrawal on the basis of settlement demonstrate a willingness to cooperate and find common ground, avoiding the need for a protracted legal battle. It also reflects the principle of encouraging alternative dispute resolution mechanisms, emphasizing the importance of parties taking control of their dispute resolution process.However, it's essential to follow proper legal procedures and formally communicate the withdrawal to the court. This ensures that the court is informed of the resolution and can officially close the case, acknowledging the parties' decision to settle their dispute independently.

Q: 26 people Assault on My Family Members in Dihiya

19 दिसम्बर, 2023 की शाम को, एक समूह व्यक्तियों ने, जिनका नेतृत्व मिस्टर रामजतन कर रहे थे, हमारे घर में घुस आए। उन्होंने मेरे परिवार के सदस्यों, जैसे कि मेरी मां सुमित्रा, बहन मंगीता और भाई सुरज और चंदन, पर बर्बर हमला किया। हम इस दुर्भाग्यपूर्ण अपराध के लिए न्याय की मांग कर रहे हैं, मैंने खुटहन थाने में एफआईआर भी कराई लेकिन कोई मदद नहीं मिली, अब मैं क्या करूं? मैं असहाय महसूस कर रहा हूं

Advocate Siddhartha Mishra answered
आप अनुसंधान की मॉनिटरिंग के लिए मुख्य न्यायिक मजिस्ट्रेट के सामने एक आवेदन दाखिल कर सकते हैं। यह आवेदन न्यायिक प्रक्रिया में संशोधन के लिए होता है और यह आपको इस समय के दौरान अनुसंधान की प्रगति की मॉनिटरिंग करने का अधिकार प्रदान करता है।इस आवेदन के माध्यम से आप यह सुनिश्चित कर सकते हैं कि अनुसंधान न्यायिक दृष्टिकोण से निरपेक्ष और सही तरीके से हो रहा है। मुख्य न्यायिक मजिस्ट्रेट के सामने इस प्रकार का आवेदन दर्ज करना, यदि आवश्यक हो, न्यायिक प्रक्रिया को निरंतरता और विश्वासीयता के साथ समाप्त करने का संकेत कर सकता है। इसके माध्यम से आप विचार कर सकते हैं कि आपका मुद्दा उचित रूप से और त्वरितता से सुलझाया जा रहा है।

Q: Effect of Late Filing of Counter

My false criminal case of stayed by the High Court in 2019. But the opposite party had not filed the Counter for more than 4 years. Then on 27th January, 2023 High Court passed the following order:"Counter affidavit has not been filed yet.As a last opportunity, two weeks time is granted to learned counsel for opposite party no.2 to file counter affidavit. Rejoinder affidavit be within a week thereafter."Now after month's they have filed the Counter on 16th October, 2023.How to Counter it?

Advocate Siddhartha Mishra answered
Filing a rejoinder affidavit promptly is crucial for ensuring a timely resolution during the next court appearance. The rejoinder serves as a responsive document, addressing points raised by the opposing party in their affidavit. By adhering to the specified deadline, you contribute to the efficient progression of legal proceedings.Timely submission of the rejoinder is strategic, as it enables the court to consider all relevant arguments and evidence before the final hearing. This, in turn, facilitates a more comprehensive understanding of the case and promotes a smoother adjudication process. Missing the deadline may lead to complications, potentially delaying the final hearing and prolonging the resolution of the matter.A well-prepared rejoinder strengthens your legal position by addressing counterarguments and presenting additional evidence or clarification. It plays a pivotal role in shaping the court's perception and influencing the final decision. Therefore, adherence to procedural timelines is not only a legal requirement but also a tactical approach to ensure an expeditious and effective resolution of the legal matter.

Q: What to do a false case has been filed against me

When I was in Dubai, my friend from India invested in the company in 2012 where I was working. My friend used my bank account transaction and I used to pay the investment via cash for him. He got a loss and the company was against me so they said the money Is profited. I only have the bills that I deposited in company's owner name. So in 2016 he harassed me and got a written document and promise note that I should pay him 75 lakhs with in 6 months. Later he changed his mind and he came he told he need a land in which is in my name. So I we signed a agreement that he will register the land in his brother's name after a month. But now 08/07/2018 .he filed a complaint that I have cheated in investment and used for my personal and I harresed him when he asked his money . Now I was sent 160crpc and 91 crpc. Iso what should I do now? Pls

Advocate Siddhartha Mishra answered
File criminal miscellaneous writ petition before High court for quashing of first informant report filed against you. But you have to give evidence for your alibai.this is all I have to say about the limited facts given by you in your query

Q: What can be done if an investor does not invest his share in a company

In my start up, there is one investor who is not investing to participating in running company's affairs, as he is employed somewhere else. His share is 45% of the paid up capital (100,000) and company has loan of 29L (27 from me and 2 from him). However he is not willing to sell his share. Can I, as a creditor, ask him to repay 45% share of the loan to me or else wind up company so that he agrees to sell his share and walk out

Advocate Siddhartha Mishra answered
To give you better output on the captioned matter for solving the problem we have to go through the memorandum of association and article of association. What are the procedures given therein as of now without much input I doubt you even can windup the company.