Advocate Syed Badrul Ashad

Questions Answered by Advocate Syed Badrul Ashad

Q: Loan Fraud done tu us by previous business partners.

Hey I got some issues. Our ex business partners have frauded us took 60 L loan in my mother's name . Where she is the liability holder and put our house as mortgage. They didn't did any sort of aggreement with us . They promised us to clear the loan but didn't did any ofi it . They are still paying interest monthly . But they too are now in financially debt and if they stop paying. Loan will default and our property will go . This is our only home . Please provide a suggestion sir / mam .

Advocate Syed Badrul Ashad answered
The bank can proceed against your mother and the mortgaged house regardless of any oral promise by the partners. Get the full loan file and the money trail now, take a written acknowledgment and indemnity from them, and file a recovery suit with attachment before judgment before their assets go.

Q: home loan tata capital not npa but loan dene ka condition nhi hai

3 year hogya loan liye kuch month se over due chal raha meri condition sahi nhi hai business me loss hua but maine avi tak loan npa nhi kiya bank me batai but koi solution nhi diya check bunce kr ke case kr diya hamparsan hi

Advocate Syed Badrul Ashad answered
Your situation has two separate legs and both must be handled at the same time — the cheque bounce complaint, and the loan account itself.On the cheque bounce case: an offence under Section 138 of the Negotiable Instruments Act is bailable and is tried as a summons case, so do not ignore the summons. Non-appearance leads to a bailable warrant and eventually a non-bailable one. Appear on the first date through a lawyer and furnish bail. Simultaneously verify three dates very carefully — the date of dishonour shown in the cheque return memo, the date of the statutory demand notice (it must be issued within 30 days of dishonour), and the date the complaint was filed (it can only be filed after 15 days from service of the notice, and within one month thereafter). Any defect in this sequence can defeat the complaint at the threshold. Also, if the cheque was handed over to the bank as a security cheque at the time of sanction and not towards a crystallised, presently payable amount, that is a recognised defence, but it must be pleaded from the very first stage and supported by the sanction letter and statement of account.On the loan: the fact that your account has not yet been classified as NPA is an advantage to you. Apply in writing to the branch manager, with a copy to the regional or zonal head, seeking restructuring — rescheduling of EMIs, extension of tenure, or a short moratorium — and support it with your books, GST returns and a written explanation of the business loss. If your unit holds a Udyam registration, the RBI's restructuring framework for MSME advances applies to standard accounts and the bank is obliged to consider your request on merits. Insist on an acknowledged copy of every letter you submit, as oral requests to the branch have no evidentiary value later.On the harassment you describe: file a written complaint with the bank's grievance redressal officer, referring to the RBI Fair Practices Code and the guidelines on recovery agents. If no satisfactory reply comes within 30 days, you can escalate free of cost to the RBI Ombudsman under the Integrated Ombudsman Scheme.Finally, keep in mind that an offence under Section 138 is compoundable under Section 147 of the Act. If you are able to negotiate a settlement or a one-time settlement with the bank, the criminal case can be brought to a close, and such matters are frequently settled through Lok Adalat as well.Please keep the following ready for your lawyer: the loan agreement and sanction letter, the cheque return memo, the legal demand notice and any reply sent to it, the complete statement of account, and all correspondence with the bank.

Q: Wife affairs with a men from last 4 years I don't want divorce

Last 4 years my have affairs with one of guy he is army from her village but last 2 years she serious with this man talking late night around 2,3 4 am and whatsapp calling. Actually last 2-3 years I'm working outside of my home town and she is not talking with last few months. She is trying to fighting with me but I'm not want divorce her Please help how to handle 3rd person.

Advocate Syed Badrul Ashad answered
​Guidance on Saving Your Marriage and Handling the Situation​It is completely understandable that you are going through a highly stressful time, and it is commendable that your priority is to save your marriage rather than seek a divorce. Since your goal is reconciliation and dealing with the external interference, here are the legal avenues and steps available to you under Indian law:​Restitution of Conjugal Rights (RCR): Since your wife has stopped talking to you and is drifting away, you can file a petition for the Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act (or the corresponding provision under your personal law). This is a legal remedy where the court, after examining the case, can direct your wife to return to your matrimonial home and cohabit with you. It serves as a formal legal step to show your willingness to save the marriage.​Legal Position Regarding the Third Person: Please note that the Supreme Court of India has decriminalized adultery (striking down Section 497 of the IPC). This means you cannot file a criminal case against the third person simply for having an affair with your wife. However, if this person is actively threatening you, harassing you, or trespassing into your home, you can lodge a police complaint for criminal intimidation.​Civil Injunction: If the third person’s interference is destroying your peace of mind, you may consult a lawyer about filing a civil suit for an injunction to legally restrain him from interfering in your family affairs or entering your property.​Mediation and Counseling: Since you have been working outside your hometown, a communication gap has naturally widened. You can request the court for matrimonial counseling or mediation. A professional mediator can help bring both you and your wife to the table to discuss the issues safely and amicably.​Recommended Next Steps:Collect any available evidence of the interference (such as call logs or messages) to protect yourself legally. It is highly advised to formally consult a family law expert through this platform to draft a legal notice or file an RCR petition to systematically address the situation.

Q: counselling to reduce the maintenance fees and contest divorce case

how much can i bargain or pray for reducing the maintenance on next counselling date . the court asked 10,000 but is was not finalized

Advocate Syed Badrul Ashad answered
Family Court Counseling / Mediation​What it is: You can approach the Family Court directly for marital counseling or mediation.​The Purpose: The court will issue a notice to your husband to appear before an official marriage counselor. The goal here is conflict resolution, reconciliation, and addressing marital grievances without initiating any adversarial litigation or divorce.

Q: Check bounce case since 2019 going on

My father is a senior citizen and getting harrased because of this case 8 long years and since no results. Can I change lawyer or should he leave the case

Advocate Syed Badrul Ashad answered
Yes, your father has the legal right to change his lawyer at any stage if he is unsatisfied with the progress or communication. Leaving the case entirely depends on whether he is the complainant or the accused. If he is the complainant, he can choose to withdraw it (subject to court permission in criminal matters). However, if he is the accused, he cannot simply leave the case and must see it through to avoid legal penalties. I highly recommend seeking a second legal opinion to review the case status before making a final decision.