Advocate Vineet Grover

Questions Answered by Advocate Vineet Grover

Q: need urgent guidance call me urgently

need urgent guidance please help me out and suggest me for the future

Advocate Vineet Grover answered
you have not described any issue on which the suggestion could be given . kindly mention your query so that you can be helped out in a legal manner. आप अपनी समस्या को बताने में संकोच ना करे ।हम उसका विधिपूर्ण निवारण करने की कोशिश करेंगे।

Q: Issues in samsung note 9 - Ankit Mittal - Karnal

Sir, I had purchased a Samsung note 9 from Samsung authorised dealer for Rs.59k.Due to certain issues in the phone I requested repairs to the phone and phone was collected from my office by the service centre's employee, 3 days ago. He did not provide any job sheet or other document or job sheet to me at the time of collection.Today, when they came to return the phone after the required repair, I noticed many scratches on the phone, which were no present earlier at the time when the phone was collected by Samsung team.I have noted this manually over the signed acknowledgement that they collected from me after delievering the same.Samsung team is denying the same and as per them these scratches were there at the time phone was collected from me.However nothing in writing is there regarding the state of phone at the time of collection...as Samsung team's member who came to collect the phone was not having any job sheet with him at the time if collection...pls advice

Advocate Vineet Grover answered
send a legal notice regarding the discrepancies done by the company. Mentioned in about the unfair treatment and deficiency in the services provided by the Company so that you can claim your grievances.

Q: mutual divorce by both partys after two years

meri saadi 3 december 2017 ko hui thi hindu riti riwaz se 12 december ko meri wife apne ghar chali gayi thi uske baad se wo wapas nahi aayi abhi tak me court mein divorce ki pitition file ki thi then unki taraf se 125 pitition file hui mere khilaf or unhone mahila thane mein bhi ek report mere khilaf daal di thi uske baad hum dono party ka mutual faisla ho gaya kya abhi bhi court 6 month ka cooling period dega divorce ke liye jabki hume seprate rehte hue 2 saal ho chuke hai

Advocate Vineet Grover answered
The Supreme Court held that theperiod of interregnum or cooling offperiod of 6-18 months provided under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but a directory provision and can be waivedoff under certain circumstances.

Q: Liability for a Vehicle Sold Under Superdari

I sold a vehicle with a notarised Vehicle Sales Agreement under Superdari (which states that the Buyer is responsible for the vehicle in all respects)in a car accident case. He has issued a signed Delivery Note stating that he is liable for all issues pertaining to the vehicle. After acquittal I sent the RC to the buyer with signed transfer forms requesting him to transfer the vehicle in his name. Despite reminders he has not complied. Who is liable in case of an accident or other matters such as fines for driving without insurance or other traffic violations - the Buyer or me?

Advocate Vineet Grover answered
If a vehicle is involved in a case then one cannot sale the same before acquitted. In Supardari there are some conditions to be followed like the vehicle cannot be transferred or sold prior to the disposal of the case.after acquittal you get the authority to sell. If you sell after the acquittal and having agreement then you have to send a notice to the buyer as well as an application to the rto mentioning that buyer is not intended to get the vehicle transfer in his name . In that case only you can escape from the liability.

Q: Non bailable warrant issued still not cleared

Let fresh NBW be issued against the accused on filing of PF returnablefor 31.01.2020.Above mentioned is the order of court what does it mean.Can you please tell how my uncle who has recovery against him of about 4 cr can be saved i.e. can he declare insolvency or what?

Advocate Vineet Grover answered
(pf)processing fees not filed ,so once it will be filed by the Complainant then the nbw will be issued. declaring insolvent cannot save the accused from the liability of sec 138 of ni act. Insolvency and Negotiable Instruments are two different things and cannot override each other. If there is any technical discrepancy in the Complaint then only the accused can rebut the sec 139 of ni act.