Advocate Vikas Padora

Questions Answered by Advocate Vikas Padora

Q: Convicted under section 12 of PC act. Pension stopped. Can i appeal?

I was a government servant. I was convicted under section 12 for PC act for 6 months. I served my punishment. Due to this reason government has stopped my pension and gratuity. This judgment was passed 2 years ago. Can file any appeal or application against the judgment or get my pension?

Advocate Vikas Padora answered
Yes you can and you should. Recently i filed appeal in delhi high court which was allowed and then only the pension and other benefits were released in favour of accused. Without sucessful appeal you cant expect pension or other benefits

Q: Builder doing construction next door and making life impossible.

Adjacent to our society a major building construction work is being carried by a private builder. Lots of dust, exhaust and noise is making our life difficult. Can we ask him to move his construction material somewhere else and not use earth moving machines nearby.

Advocate Vikas Padora answered
You can go to NGT saying that it is causing various kinds of pollutions and inconvenience. Plus you cam also go to civil court seeking some restrictive orders. But the issue has to be balanced. He has right to contruct pracefully and you have right to live peacefully.

Q: Case filed under 498A. What is the procedure after receiving 41A?

if a family is filed with the sections 498a, 406, 506, 323, 34, what is the procedure after receiving 41a?

Advocate Vikas Padora answered
If you are on accused list take anticipatory bail. Now there are supreme court guidelines for not arresting immediately, but after investigation and reasonable belief of your abscondence police may arrest

Q: Mother in law and sister in law torturing. What can i do now?

My mother in law and sister in law are torturing me. Now she has kept a tenant in the house. Is it legal to keep a tenant in house? What action can I take?

Advocate Vikas Padora answered
As far as tourture is concerned you can file a complaint in women cell near you. And as far as tenant is concerned they can certainly keep tenant if there is space for tenant. But if tenant is encroaching upon your space then you can also make it as part of torture in complaint to women cell

Q: Case dismissed on maintenance. Can if file objections in family court?

what should i do if my CMP CASE IS dissmissed on maintenance .can i file a objection in family court?

Advocate Vikas Padora answered
No you have to move to appeallate court. If the petition dismissed on error or because of absence of one of the parties, then you can review in same court, otherwise move to appellate court on merits.