Advocate Ujjwal Sharma

Questions Answered by Advocate Ujjwal Sharma (25+ answers)

Q: detailed answer needed , interested only answer in detailed please

In a petition filed under Section 319 CrPC ( for proposed accused ), no counter has been filed by the opposite side ( existing accused ), and the matter has been posted for arguments on the petitioner’s side.In such circumstances, with petitioner side argument done means petitioner argument orally is over and opposite side argument without counter or without evidence can defeat or dismiss 319 crpc means can the magistrate dismiss 319 crpc based only on defence (existing accused ) argument ...

Advocate Ujjwal Sharma answered
In an application under Section 319 CrPC, the Court is not concerned with whether a counter affidavit has been filed or not. The primary duty of the Court is to examine the evidence that has come on record during trial and determine whether it discloses strong and cogent evidence indicating the involvement of the proposed accused in the commission of the offence.The Hon’ble Supreme Court in Hardeep Singh vs State of Punjab (2014) has clearly held that the power under Section 319 CrPC is an extraordinary and discretionary power which must be exercised sparingly and only when the evidence before the Court is more than a mere suspicion and points towards the involvement of the proposed accused.Therefore, even if the opposite side has not filed a written counter, the Magistrate can still dismiss the application if the material/evidence on record does not meet the legal threshold required under Section 319 CrPC. Conversely, if strong evidence exists from the testimony of witnesses, the Court may allow the application irrespective of the absence of a counter.Hence, the decision of the Court will ultimately depend on the strength of the evidence recorded during trial, and not merely on the filing or non-filing of a counter by the opposite party.

Q: Request for guidance

As per my husband lawyer they have submitted arrears DD in karakaradooma court on 9th Feb,26. But so far I have not got that. I am continuously asking my govt lawyer to process the application in the court for claim but he is not doing it anything even he is not responding to such legal complaints which was raised by opposition. Nut she’ll he is not doing any work. I am a cancer & Gulcomma patient and my 75% eye sight is dead now. In such situation my lawyer is also not doing his duty. What should i do ? And i want to withdraw my Dv ,divorce & dowry cases. As I am not able to attend hearings . Please suggest and help me as I need this the most.

Advocate Ujjwal Sharma answered
Hello. I deeply understand that dealing with legal proceedings while managing severe health issues like Cancer and Glaucoma is extremely stressful. Here is some practical legal guidance for your situation:1. Exemption from Court Appearance: Please do not take the stress of travelling to the court. Based on your medical condition, a proper application for 'permanent exemption from personal appearance' can be filed. This will allow the cases to proceed legally without requiring your physical presence.2. Changing your Government Counsel: If your current legal aid counsel is not moving the application for the DD or not filing replies, you have the complete right to change your lawyer. You just need to submit a simple written request to the DLSA (Legal Services Authority) office situated inside the Karkardooma Court complex.3. Status of the DD: To get the DD amount, the court's official order sheet of 9th Feb needs to be inspected first to verify the record. Once the record is clear, a formal 'Application for Release' must be moved before the Judge.Since my regular practice is at Karkardooma Courts, I can assure you that these procedural steps can be handled very smoothly. Focus on your health first. If you need any further guidance on how to execute this, feel free to connect via the platform.

Q: How to write and register a will

How to write and register a will and would it be valid in absence of a death certificate?

Advocate Ujjwal Sharma answered
1.Writing & Registration: To ensure your Will is fully secure and cannot be challenged later, it must be properly drafted and officially registered at the local Sub-Registrar's office in the presence of two witnesses.​2. Death Certificate: A Will is legally valid the day it is registered; a death certificate is not needed for its validity today. However, your family will strictly need your original Death Certificate to execute the Will and transfer properties after your demise.​For professional assistance with the legal drafting and Sub-Registrar registration

Q: Certified or True copies from abroad

Very old quashed FIR mutual-settlement case. Person is outside India who was party to the case. They need either true or certified copies of all filings/orders. ...... "e-True, e-Inspection, e-RTI" is available on High Court website, but portal needs person needs to add their name and Indian mobile number/address (don't have). What's the best way to do this? If hire someone locally, is there a way to avoid creating a "record on the docket" like a vakalatnama to maintain confidentiality..

Advocate Ujjwal Sharma answered
1.Writing & Registration: To ensure your Will is fully secure and cannot be challenged later, it must be properly drafted and officially registered at the local Sub-Registrar's office in the presence of two witnesses.2. Death Certificate: A Will is legally valid the day it is registered; a death certificate is not needed for its validity today. However, your family will strictly need your original Death Certificate to execute the Will and transfer properties after your demise.For professional assistance with the legal drafting and Sub-Registrar registration.

Q: Likelihood of defendant leaving the current address

I have filed a civil suit in Patiala House Court and though case was registered on 12 December 2025, it hasn't been allocated to a court and status is showing to be pending. There is a good chance that the defendant will leave the current address and so I want the court to summon the defendant as soon as possible. What are the legal options available to me.

Advocate Ujjwal Sharma answered
Hello. As a practicing advocate in Delhi Courts, I must point out that the timeline you are experiencing is highly irregular. In Patiala House Court, or any District Court in Delhi, when a fresh civil suit is filed, it does not take months to be allocated. The allocation is done and the case is listed for its first hearing (showing the date and court) within 24 to 48 hours.