Advocate Suresh

Questions Answered by Advocate Suresh

Q: Friend filed FIR for cheating and breach of contract of marriage.

Dear Sir, i and a girl had a relationship and intercourse. Actually the girl was married and seperated. I never ever promised her that i marry her, but i used to say many times that i wont marry before having intercourse. But then she agreed and emotionally blackmailed me to have sex. Now, she is complaining against me in police station that i cheated her by promising her to get marry. What should i do now? I am Backward Class and she is Scheduled Caste.

Advocate Suresh answered
You will be in trouble. Try to solve the issue amicably as her case is strong. You cannot prove that you had relationship without any assurance. Further, if she lodges a complaint as per SC/ST (Prevention of Atrocities) Act, you cannot easily get bail. There is no provision for Anticipatory Bail also. Go and compromise her at any means. Otherwise, you have to face the consequences. Depends upon her complaint, you have to face the prosecution and there is a possibility of acquittal depends of the evidence of witnesses. How to defend depends upon the charge sheet laid and the statement of witnesses.

Q: Clarification on claim over shares of company after death of MD

nder Company law, when the managing director has passed away and when the father who is not a director and his name is not mentioned either in Articles and Memorandum. Can he claim for purchase of shares when legal heirs and directors are wife and daughter. The fathers name is mentioned in legal heir certificate obtained from local board namely "legal heir certificate" from Register of birth and deaths, local corporation, municipality. Who are the legal heir who can claim the share of Managing Director upon his death Sir, Please clarify. the procedure that the wife or daughter who are not only legal heirs but also on the board of directors must follow Thanks 

Advocate Suresh answered
Father is not a legal heir and he cannot claim any share belonged to the deceased son, though his name found in the legal heirship certificate. I presume that the deceased is a Hindu, As per Hindu Law, mother, children and wife alone are the legal heirs of a Male. The Mother, wife and Children are equally entitled to the estate of deceased male member as per section 8 of the Hindu Succession Act. If the deceased executed any Will, then the estate goes as per the Will. Basing the Legal Heir certificate, the father cannot claim anything. The wife an Daughter are very much entitled to get the shares transferred in their name.

Q: Bail be obtained for case filed for dishonestly delivering property

Will I get AB bail for 420 case afyer bail can I go abroad or what s procesures kindly reply

Advocate Suresh answered
Normally, bail will be granted in these type cases. But depends upon the value involved, conditions may be imposed for depositing some amount. Unless the prosecution makes any specific request , there cannot be any impounding of passport. Most of the cases there is no restriction to go abroad. You have to apply anticipatory bail under section 438 of CRPC either before the District Court concerned or High Court.