Advocate Vishal Khandelwal

Questions Answered by Advocate Vishal Khandelwal

Q: What does section 129 of motor vehicle act means ?

I got a bike challan and the police wrote either 179 mv act or 129 mv act on that receipt. I want to know which section can be put on the challan and also what are the consequence of it

Advocate Vishal Khandelwal answered
SEC.129 of MV Act applies when a person not wearing the protective headgear or helmet while riding or driving the motorcycle or scooter and he is liable to pay the penalty.SEC. 179 of MV Act applies when a person disobey of order or obstruction and refusal of information which was asked by the authorities and in this condition the person is liable to penalty in fine up to RS.500/- or with imprisonment UpTo 1 month.

Q: Two real brothers got married to two real sisters...now 498

We are two real brothers married to two real sisters... Now the younger sister has put a case of 498 and 323 on my brother and parents (not on me). My wife(real elder sister to my brother's wife) also left me and now she has also given statement that my brother and parents were asking dowry from her sister and beating her. I want to understand the legal consequences on:- 1) As both are real sisters naturally both will support each other. Does her statement be considered in court as she was also living in the same house ? 2) If I give my statement as I am also living in same house.. Will it make our case strong? 3) Both are asking us to leave our parents and stay in rented house whereas my wife is asking to leave the city?

Advocate Vishal Khandelwal answered
Answer 1. yes her statement will be considered in court. 2. you has not mentioned that from which side you will give your statement. If you give the statement in favour of FIR than the prosecution side will be strong and if it is in favour of your parental family than it will support the defence side.3. it is totally up to you that you will want to go with them or not, what is right or wrong, you know better.

Q: How to get final report of my stolen car from court

I need the Final Untrace report of my stolen car from the court. My investigation office submitted the report to the court and asked me to collect it from there. Do I have to hire a Lawyer or Can I get it by myself? If I can get it myself... To whom I should contact in the court? which department or any specific timings for the particular case? Please help me.... it has been more than 3 months for my FIR. I need to submit a Final untraced report to get the insurance claim.

Advocate Vishal Khandelwal answered
You have to hire a lawyer for getting the FR of your report if that is submitted to the court and it was duly registered by the PO. And it is about 3 or 4 days process to get that from Court. That is a certified copy.

Q: Can there be a compromise in a criminal case after evidence

criminal cases me intact evidence Ho Jane par compromise ho sakta hai

Advocate Vishal Khandelwal answered
yes it can be done in the compoundable offences and in family matters and you can go for this at any stage can be settled through Lok Adalat. but in the serious offences compromise can be done only through the high court but not in the cases of the offences which are harmful for the life of a person. This differs as per the category of the offence.

Q: How to file a recovery suit for recovery of professional charges

I am a consultant dealing in subsidy from Govt. of India. I have facilitated one of my client in getting subsidy from GOI. The client received his subsidy during May 2016. I have a signed Authority and Fees Letter from the client on the company's letter head. He has been avoiding to pay my professional charges since May 2016. The client is based in Faridabad. What do i do to recover my professional charges.

Advocate Vishal Khandelwal answered
Firstly you have to give him a legal notice then if he will not pay the dues then you can file a money recovery suit advance civil suit and also you can file a criminal complaint in a police station against fraud played to you.