Advocate Vijay Sahni

Questions Answered by Advocate Vijay Sahni

Q: No chargesheet filled ,Can chargesheet be filed after 3 years ?

Due to property dispute my sister in law filed FIR against me and my son in Feb 2015.we took anticipatory bail (my son lives in gurgaon and was not present) she however gave false facts in FIR saying that we are not relatives but tresspasers whereas we live in the property. the police without investigating filed the FIR under sec 354band325/34. Till date no Charge sheet has been filed after nearly 3 years. what is the maximum time limit to file chargesheet ?,what to do ?, Pl advise

Advocate Vijay Sahni answered
I suppose your sister in law have filed this false case 354 B, 325 & 34 purposely to lay an upper hand on your family to take over the property. The anticipatory bail is granted till the filing of charge sheet but when charge sheet is filed, you need to go for regular bail.At the same time kindly file a complaint under IPC 182 against the complainant for giving false statements to police to frame you & your family for greed of property.Please try to find out the status of complaint from the IO/ investigation officer.

Q: Legality of asking for sex in public

Can a guy or a girl ask someone from the opposite gender to have sex with them? That's it, just asking any random person in metro, mall or just anyone on the street. is it illegal to ask someone for sex in public ? Would that be legal? If it's not, then in what way it's not? And if it's legal, to what limit, is it legal?

Advocate Vijay Sahni answered
Sorry you cannot ask for sex to any opposite gender in public or private. Such remarks or comments shall put in legal trouble if complaint is lodged by opppsite party. Such gestures by words will amount to criminal prosecution under CrPc.Most of the charges against such act are bought under Section 294 of the Indian Penal Code (IPC). Section 294 of the IPC states:Whoever, to the annoyance of others,(a) does any obscene act in any public place, or(b) sings, recites or utters any obscene songs, ballad or word, in or near any public place,shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.The main ingredient of the section are:i) It should cause annoyance to the other (sufficient evidence in form of witness from passer by must be taken)ii) The act itself should be obscene in natureiii) The act must have been done in a public place

Q: The university is withholding my degree due to a pending court case. Seeking advice in light of the

Hi Team, I pursued B.Sc IT through distance education at KSOU (Karnataka State Open University) from 2010-2013, but I have not received my degree. KSOU has informed me that the issue is pending in court. In India, lakhs of students have studied technical and non-technical courses at KSOU. Today, we are facing difficulties due to the lack of recognition for KSOU. I have sent numerous emails to KSOU but have not received any satisfactory response. I have been working at a private company for the past 4 years, and without my degree, it will be challenging for me and others who have completed courses at KSOU. Please advise me on whether I should continue to wait, considering the delay of 4 years, or if I should file a case in court. Regards, Mohit Srivastava

Advocate Vijay Sahni answered
Sir, as per yesterday order : Please read as under : The University Grants Commission (UGC) may have decided not to grant renewal of affiliation to Karnataka State Open University (KSOU).Highly placed sources from UGC told The New Indian Express that Union HRD Minister Prakash Javdekar has directed the UGC authorities to file an appeal in the High Court challenging the recent order issued by a single-judge bench headed by Justice B V Nagarathna where it gave a 10-day deadline to the UGC to provide renewal of affiliation to KSOU.After the deadline ended, KSOU Vice-chancellor Prof Shivalingaiah met UGC’s new chairman and explained the issue before filing a contempt petition two days ago. This is when the HRD minister directed the UGC chairman to get legal opinion and file an appeal before a double bench.Confirming this, a UGC source said, “Yes, we have received instructions from the minister to look into legal ways of challenging the direction given by the High Court and to file an appeal against the single bench judgment.”Before they decide on this..they have to take decision on the degree & courses already completed by students.I think you will get your degree.Its getting delayed because of the legal issues in court.

Q: What to do if someone is not returning your money in india

I live in Delhi and I lent Rs.1lakh to someone in Punjab through money transfer (Bank to Bank) to a 3rd person and the 3rd person gave money to him. Now he is refusing to give money back. His father is agree to give me in written on stamp paper against him. But the son is refusing to pay money. what to do if someone is not returning your money in India? Please also tell me, IPC / BNS section for not returning money. What is the punishment for not returning money?

Advocate Vijay Sahni answered
The legal liability to return the money is with the person to whom you have sent money transfer. You cannot claim any amount IF you cannot prove the transaction was a legal one. Try to negotiate coolly.

Q: Validity of marriage done as per Hindu ceremonies but not registered , is hindu marriage valid witho

If two Hindus are married to each other as per Hindu rites and ceremonies of either party i.e. By way of Saptpadi. But their marriage is not registered and without registration both parties went outside India. Is their marriage valid even outside India without being registered as per Hindu law ? if marriage is not registered is it valid in india ?

Advocate Vijay Sahni answered
More than 80% of hindu marriages at unregistered. The couple's are going outside India , settling as NRI's. It's only in some special cases/ countries where the couple's are required to produce registered certificate of their marriage. The marriage under Hindu rites shall always be accepted by law registered or unregistered.