Kamal Kumar Pandey (Advocate Supreme Court of India)

I am a Lawyer practicing at Supreme Court of India at New Delhi.

Area of work Experience:

Court/Litigation:

Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.)

Socio-Legal :

Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc.

Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

ADDITIONAL: •Contributed to ‘Action Plan for Children 2005’, Government of India. •Contributed to Child Rights Act 2005. •Study of 12 Indian states for UNDP TAHA project in 2006 •Report ‘Ramifications of Female Foeticide in Haryana 2005’ •Researched & Authored, ‘Trafficking in India Report 2004’ (Chosen among ‘World Best Practices’ by U S State Department) •Researched & Authored, ‘A Situational Study on Coerced Marriage, Bonded Labour and Female Foeticide in Haryana, Punjab & Delhi’ in 2003 •Formed ‘Legal Colloquium’ of 100 legal experts/advocates and D U Law Campus, N. S.L. Bangalore and S.Law College Goa in 2007.

Contact:

09971049936, 09312079439

Email:

adv.kamal.kr.pandey@gmail.com

193 Responses

  1. If the accused in a criminal case,where many more are accused too, wishes to help police by way of ‘disclosing/admitting the facts and if the complainant doesn’t press charges against him,whatsoever,WHAT CAN HAPPEN?

  2. Dear Sir, In all respect mane S.G. made a misconduct. He should be debarred from bar advocating . What is your opinion!

    • I had filed a complaint against two advocates.One of them had a fake digree .now the case was time barred in mar 09.both bcp&h and BCi know about it .No one wants to take action.This info was given to me by BCI.But there are lot of people involved in it to let these adv with fake digrees to practice.i am writing to both ,but they keep sending my case to one another .BCI does not want to invoke AA 26B,nither B C of P& H .What to do
      Ben

  3. Dear Sir, Received a letter from Asst. Sect., bar council of new delhi, Reference no. BCI:D:1415/2009 dated 23.03.09 contents:- to initiate the appropriate action against the mis conduct case inward no. 17050/08. He infromed to Sect., bar council of maharashtra & goa.

  4. Case Status :

    Back

    Case Details
    Case Type Spl.Civ.Suit
    Filing No. 200068/2006 Filing date: 26-04-2006
    Registration No. 200068/2006 Registration date: 26-04-2006
    Case code 202902000682006

    CASE STATUS
    First Hearing Date 27-04-2006
    Decision Date 28-04-2008
    Case Status CASE DISPOSED
    Nature Of Disposal Uncontested–OTHERWISE
    Court No & Judge 2 – Jt. Civil Judge Sr.Dn. Satara.

    Petitioner(s) & Advocate(s)
    Petitioner – M/s.Shivraj Services Station
    Address – Rajdhani, Kodoli, Satara
    Advocate – S.G. Mane

    Extra parties

    2) Petitioner – Anantrao Guruanna Halgekar
    Address: Rajdhani,Behind Shivraj Petrol Pump,Kodoli,Satara
    Advocate –

    3) Petitioner – Amarjadevi Anantrao Halgekar
    Address: Rajdhani,Behind Shivraj Petrol Pump,Kodoli,Satara
    Advocate –

    4) Petitioner – Ramesh Anantrao Halgekar
    Address: Rajdhani,Behind Shivraj Petrol Pump,Kodoli,Satara
    Advocate –
    Respondent(s) & Advocate(s)
    Respondent – Gayatri Enterprises, Solapur
    Address – D 1,Avantinagar,Old Pune Naka,Solapur
    Advocate –

    Extra parties

    2) Respondent – Radha Shrihari Deshpande
    Address – D/1,Aavantinagar,Ole Pune Naka,Solapur.Dist.Solapu
    Advocate –
    3) Respondent – Shrihari Vinayak Deshpande
    Address – D/1,Aavantinagar,Ole Pune Naka,Solapur.Dist.Solapu
    Advocate –
    Under Act(s) Civil Procedure Code

    Under Section(s) Money

    Subject

    LOWER COURT INFORMATION
    Court No & Name —
    Case No & Year —
    Case Decision Date —

    History Of Case Hearing
    Regn. No. Judge
    Hearing Date Purpose of Hearing
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 27-04-2006 ORDER ON EXH
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 06-07-2006 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 01-09-2006 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 09-10-2006
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 28-11-2006 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 22-12-2006 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 09-02-2007 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 02-03-2007 AWAITING SUNMMONS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 20-04-2007 ORDER ON EXH
    200068/2006 Civil Judge, Sr.Dn., Satara. 02-07-2007 ORDER ON EXH
    200068/2006 Civil Judge, Sr.Dn., Satara. 31-07-2007 ORDER ON EXH
    200068/2006 Civil Judge, Sr.Dn., Satara. 24-09-2007 HEARING
    200068/2006 2nd Jt. Civil Judge Sr. Dn. Satara 21-11-2007 HEARING
    200068/2006 2nd Jt. Civil Judge Sr. Dn. Satara 17-12-2007 HEARING
    200068/2006 2nd Jt. Civil Judge Sr. Dn. Satara 19-01-2008 HEARING
    200068/2006 2nd Jt. Civil Judge Sr. Dn. Satara 25-03-2008 HEARING
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 08-04-2008 HEARING
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 16-04-2008 ARGUMENTS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 22-04-2008 ARGUMENTS
    200068/2006 Jt. Civil Judge Sr.Dn. Satara. 28-04-2008 JUDGEMENT

    Orders
    Order No. Order Date Order Details

    Writ Information
    Regn. No. Appellate Case No. Appellate Authority Date of Reciept

    Case Transfer Details Between The Courts
    Regn. No. Transfer Date From Court No
    & Judge To Court No
    & Judge
    200068/2006 11-04-2007 2 – Jt. Civil Judge Sr.Dn. Satara. 1 – Civil Judge, Sr.Dn., Satara.
    200068/2006 09-10-2007 1 – Civil Judge, Sr.Dn., Satara. 12 – 2nd Jt. Civil Judge Sr. Dn. Satara
    200068/2006 11-02-2008 12 – 2nd Jt. Civil Judge Sr. Dn. Satara 2 – Jt. Civil Judge Sr.Dn. Satara.

    Back

    Home | Cause Lists | Copy Status | Orders | Case Status | Court Websites | Contact us | Feedback | Discla
    Dear Sir, mailing the case status details for your kind information. Actually work has been carried out for other purpose of central govt issue & this advocate went into court of laws without any proper knowledge & now facing misconduct case.

  5. I,a lyric writer, was asked to write lyrics for a hindi film,some two years ago,with an assurance by the music composer,that as i happen to be a seniormost writer,my name shall appaer every where(film screen.audio CD,video Cd ,posters etc in the first palce.The allurement was ‘publicty’ and the producers weere ‘BIG’ as such I didn’t ever discuss the amout of money and wrote the lyrics for almost nothing.I was also not asked to transfer my copy rights to the lyric so I also was sure that in any case,I shall not only get good publicity but also ‘good royalty’ from my creation.
    Now two years after,when the movie got complted and released,with music CDs etc,not only my name on CD & elsewhere appeared in third place,but also the producers,created a fake NOC with my ‘forged’ signatures,to transfer my copy rights without my knowledge to the music company,appointed by producers to distribute film’s music CDs etc.The said forged NOC was sent to composer as JPEG image,as attachment,by the producers,with a mail,asking composer to get the printout of ‘forged’NOC & witness my signature and then ‘COURIER IT’ back to them as they wanted it’urgently’ to strike ‘deal’ with music compnay.Here,the composer,God knows why,forwarded the mail to me along with the forged NOC.I have filed a police complaint (NC) in this regard but until now,nothing has happened.What should I do?

  6. Sir i think this explanation will help you understand my case better –
    Does declaration of Individual Insolvency in India give relief from prosecution under Cheque bounce case: In the present case a person took loans from different banks for running a proprietory business which has to be closed down due the economic situation. He has no way of paying the loan back. He has been given the bail by bombay high court on the condition to pay 5 lac in next 5 months. He has applied to be adjudged to be insolvent in court.

  7. I am writing this mail on behalf of my father. my father had a business of agro service center, 8 years ago it was in loss, and now it is closed since 8 years. We have much amount as recovery from our sub dealers, and some outstanding amount to give to our suppliers. One of them had filed a 138 case against us. Now we have got conditional bail, from bombay high court to pay 5 lac in five months which is totally impossible, as my father do not have single rupee property left. Please suggest something so that at least he can be saved from the imprisonment.

  8. I have purchase a flat in pune. Builder has made agreement with me for the flat area with parking in the parking floor (which is grouind floor). In the agreement he has not indicated or stated that parking is in open space but now while taking possession I am objecting on giving me open space parking. Am I doing right?? Builder charged me Rs. 1.5 Lac for parking. Request you to give me you advice for how to tackle this problem. Should I accept as it is or should I ask for my payment back??

  9. Q. Can a new political party suggest a new symbol (not from the free list maintained by EC)?

    A. If a new Political Party is registered with EC and the name and symbol chose by such Political Party is permited by EC. Then such Political party is registered with its name and symbol.

  10. How to avoid bandh/harthals?

    What is the quickest way to eliminate bandh/harthals? How can the judiciary/legislatures allow this when these result in direct loss of fundamental rights of citizens?

    This does not include peaceful, non-invasive protects.

    • Dear Mr. James

      Queries raised by you are interesting and crucial. however, you have posted an entire quetionaire. In my opinion It would be much better to leave the same in open forum for people to throw light and debate.
      I too may react to each of the query posted by you one by one with an interveneing gap for others to to post their answers/opinion

  11. Police Actions…
    Have a few questions on police actions:
    1. Can the police enter a house without a warrant?
    2. If yes, what are the circumstances?
    3. Should a case be filed for a warrant to be issued?
    4. If there is threat to human life, does the police have right to enter a house without warrant? What are the rules that allow/restrict these powers?
    5. Is it required by the police to document all these activities? 6. Can they just do these activities for personal favours?

  12. Need details on using a film song

    What are the rules/laws for using an old song from an old movie? Is there any way to use this within 60 year statute for non-profit organization without royalties?

  13. Implications of lying on the EC affidavit?

    What are the implications of lying on the election affidavit – Assembly, Lok Sabha, Rajya Sabha? Will there be legal issues if these are found after election?

  14. Political Party and Symbols
    1. Can trade marks be used as party name/symbols by the original owner?
    2. Can a new political party suggest a new symbol (not from the free list maintained by EC)?
    3. What are the guidelines for these symbols?

  15. General details on verdicts:
    1. What is the biggest compensation provided in “accident death or loss of life” case in India?
    2. What is the biggest compensation provided in a defamation case in India?

    • 20 crores in cash & 80 cr in bank guarantees in the intergumm pending final adjudication by bom hc in p.b. sawant v/s . times broadcasting

  16. Thanks for the brilliant work of helping people. Have a few questions, hope you could answer them:

    Legislature vs Judiciary
    1. Can a legislative law (spending bill) be challenged in court?
    2. Can actions of a govt body be challenged in court?

  17. Midas Touch Investors Association
    Pearey Lal Bhawan, 2 Bahadurshah Zafar Marg, New Delhi-110002
    Email: help@mtia.in URL: http://www.mtia.in

    February 21, 2009

    Dear Friend,

    Sub: Appeal to join Midas campaign for compensation to cheated Satyam Shareholders

    As an active internet user and enlightened person who is also registered with us – Midas Touch Investors Association – we have identified you to mail the invitee of “Join Midas campaign on Satyam”. We solicit your valuable participation in the campaign.

    Shareholders – small & big – of Satyam Computer Services Limited have suffered huge losses due to the massive accounting scam admitted by its erstwhile Managing Director B. Ramalinga Raju. This is a matter of deep concern to us, as the sordid saga shakes the confidence in the entire system. Moreover, Satyam has a large investor base consisting of Institutional Investors (Mutual Funds, FIIs etc.) & 3 lakh individual retail investors. Collectively, this fraud has resulted in destruction of Rs. 12,000 crore wealth. Natural justice demands that duped shareholders should be entitled to claim and receive compensation for the losses suffered by them due to such fraud. Unfortunately, our Securities laws do not contain such provisions. Resultantly, it is the investors, particularly the small investors, who end up suffering huge losses in all the scams.

    In order to highlight this issue, we intend to launch a campaign for demanding compensation to the cheated investors of Satyam to be paid by all those who perpetuated, aided & abetted in the fraud. With this objective, we intend to draw attention of Parliamentary Committees and the Government, amongst others, and request for their intervention on this specific issue, and, reforms in the overall framework. To lend greater thrust to our campaign, we implore you to join in it. For your active participation, you are requested to fill up the grievance form. No registration & fee is required.

    For details of the campaign, please log on to our website http://www.mtia.in.

    We shall keep you informed of the important developments – in the matter – through postings on http://www.mtia.in and/or press releases.

    We earnestly look forward to your active participation in joining the campaign.

    Thanking you.

    Virendra Jain
    Founder
    Midas Touch Investors Association.

  18. Sir,
    I request your kind advice on a Power of Attorney.
    In this case: wife runs a Proprietorship business gives Power of Attorney to husband to act, perform, represent, & operate bank account in the concern’s name(not in husband’s or wife’s personal account).
    Husband borrowed money in cash from friend and the issued firm’s cheque signed by himself with seal ‘Power of Attorney Holder’.

    Cheque bounced ‘Insufficient funds’.

    (He admitted in reply to a Lawyer Notice that he borrowed money and issued said chq as security, but denied he is not guilty.)

    1. Is husband guilty and punishable under 138 ?
    (Neither wife is accused nor 420 is charged).

    2. Will the court accept the contention that though he admitted what is accused but he was “acting on behalf of the OWNER of BANK ACCOUNT” as part of his duty, hence not guilty ?

    Kindly advise a line, which is valuable for me.
    Thanks in advance for the time and advice.

    Sunny AM,
    Cochin

    • Dear Sunny,

      It seems from your mail that the money was borrowed for the purpose of Proprieter business concern and accordingly firm’s cheque was issued. In this case the husband was acting under the power of attorney on behalf of the firm. It is the firm which is liable and since he acted under power of attorney he is liable to that extent that he did the same willingly and in full knowledge that the cheque will bounce. On the other hand he will not be personally liable if he acted in good faith, deligently and after taking due care and was unaware that the said cheque will bounce for want of amount in account.

  19. Hi Kamal,

    Firstly, thanks for giving valuable suggetions and suporting us.
    I have to file a writ in my locality, to stop moving of 4 wheelers through a narrow passage which always cause traffic jams.
    Please giude me to success

  20. Hi Kamal,

    I am an advocate practicing in the madurai bench of madras high court. I want to practice in supreme court under the guidance of a senior. I enrolled on 12.12.2006. I want your suggestion.
    thanks and regards
    thiruppathi c
    ph:9944443007

  21. Dear Sir,
    I am widow of a Central Government Employee and my husband had worked in Border Security Force as L/NK. from 10th December 1986 and resigned from his service w.e.f 31st March 1997 vide a BSF G.O./Circular dated 27.12.1995 with pensionery benefits and met with an accident on 04th September 1997 and after a huge medical expenses he died on 28th September 1997 at Kolkata in W.B.

    On 04/01/2006 apex court pass an order the Writ Petitions ( C ) No. 569 of 2001 with
    Nos.87, 235, 244, 211 of 2003, 699 of 2004, 8, 32 of 2005, 411,420 and 473 of 2004,
    that due to mistaken order of BSF authority such circular has been circulated, as there is no such provision to grant pension who has completed less than 20 years of service the order for the personnel who retired in 1997 is stated as “those persons who had retired subsequent to 1996 pursuant to the circular dated 27.10.1995 and had not been sanctioned pension, but who have been directed to report for re-induction in service shall necessarily have to forfeit their pension, if they have not reported for service by virtue of the circular dated 17.10.1998. If however, they have reported for service then there is no question of any relief in their case.”

    I had started correspondence with the department from June 2006 to December 2007 where first they assured me that I along with my children will be provided with a job from BSF Welfare Measure Fund but finally they had asked me not to make unnecessary correspondence, as I am uneducated, for which I am not entitled for any job nor my children will be entitled for any job/facilities as my husband has resigned.

    In view of above context I sought following information through RTI Act. 2005, from Pension and legislative department but they had simply forwarded the letter to BSF authority and the reply of BSF stand same.

    1.May I know what was the service status of my husband on the day of his death i.e. 28th September 1997, as because by letter dated 15.01.1998 BSF authority realised its mistake and took rectification action.
    2.Is there no job for uneducated in Central Government in any department?
    3.Are my children entitled for my job, as they are literate?
    4.Can my case be considered as a “Special Case” and pension may be sanctioned?
    5.Is it necessary for me to take this issue to appropriate court?
    6.Are there any other provisions for a helpless widow of Central Government Employee like me?
    7.How long can I survive along with my children in this manner?

    Please give your opinion / comments / suggestions, what step should the WIDOW take at this stage with her three minor children.

    Please also confirm whether the judgment of APEX COURT is a complete judgement.

    Thanking you,
    Yours faithfully,
    Indu Devi
    Wife of Late L/Nk. Bijay Shanker Pandey
    No. 86161922 , 12 BN BSF,
    Krishna Nagar Mihijam,
    P.O- Mihijam,
    Dist. – Jamtara (SP)
    Pin – 815354 (Jharkhand)
    Mobile No. 09331062754
    E – mail – rameshpandey1974@yahoo.co.in

  22. Hello, Thankyou for taking time and answering my query.

    I got seperated in 2001 and divorced in 2004 by mutual consent. In the documents submitted to the court , my ex had given me the full custody of my daughter and also did not take any visitation rights. The reason at that time was that he wanted to get married and start a new life. Eventually he did marry but somehow even his next marriage did not work out and has collapsed. I am not sure whether he is now second time legally divorced. Now he wants to consent the custody and wants to have visitation right.
    My daughter is very young and is at an impressionable age. The reason for my seperation was severe physical and mental abuse and his alcohlism . Please advise .

  23. Hi Sir,
    I was wondering if you would have any idea how a Supreme Court designated Senior Advocate can be stripped off that status ??

    Can the Government for example, apply to the Supreme Court to strip a designated Senior Counsel of his title ( title only not license to practice ) on his refusal to render legal aid??

    • You cannot go about threatening people to render/give you legal aid. Senior advocates are designated as such for their knowledge of the law and their standing in the profession.

      Neither are they obliged to give legal aid to people. Even if they are appointed “amicus curae” in a court proceeding by the court, they may decline to accept it.

      If you want to engage a sr. counsel, do so after freely discussing their terms and fees.

  24. Sir

    A criminal complaint was filed u/s 182, 500, 506 IPC by an indivigual . Magistrate summoned us u/s 182,500 , 506, 120-B, subesequently appeared in the court and released on bail and same day magistrate framed the charges. we have filed revision petition in Session Court against framing of charge. Thereafter complainant died . Now what is the status of pending complaint ???

  25. sir,

    sub:- appointment on Compassionate grounds – income tax department

    Ref: – F.No.169 (15)/2004

    I Mr. C.J.Srinivasulu, S/o Late.Ch.PurnaPrasad, Who work as notice server, at income – Tax Office, Ongole, Sir, my father died as 02-05-2001 left behind my family and there is no other source, Sir till the date we are eagerly waiting for your intimation
    sir plz advise any opction in compassionate grounds plz sir still date not any intimation sir

  26. Please also advice, are there any norms for fees of the lawer for high court case.

  27. Hi,
    I have a civil case coming up at Bombay High Court. I am staying abroad and have difficulty appointing a lawer. Could you please guide me how to fix a reasonable lawer and are there any norms for a highcourt lawer.
    Atul

  28. Dear sir,

    Please let me know if we do court marriage, any legal document post on bride & groom address and in case of our families against from our marrige, then what we can do?

    suggest me a any advocate from Delhi (West)

    Kamal Madaan

  29. It ISl not be possible in generalto SPECIFY the lawyers charge for an SLP? Filing SLP includes several things such as drafting, research, processing, filing appearances etc.

    Fee of misc. appearances are mostly fixed for advocates.

    However, only individual advocate ready to take up the matter can specify the amount he may charge.

  30. Mr. Vijay Gupta

    In your Case it is not possible and would be improper to extend any legal advice without properly going through the necessary papers and incidents. However, there is no bar on law from applying law of the land upon lawyers if they do indulge in any act of criminality or violate the law.

    Complain can also be made before Bar Council for taking disciplinary action against the advocate who has indulged in professional misconduct.

    Further, prima facie from your naration it appears it will be proper for you to file revision before the HIGH Court with help of some good advocate and bringing to the knowledge of court any professional misconduct commited by advocate supported by clinching evidences and affidavit to that effect.

  31. Would it be possible for you to tell how much do supreme court lawyers charge for an SLP? Just a few ballpark figures are enough. Is there any website where we can find this information?

  32. •Is this professional misconduct or also contempt of court by my advocate?
    • Is my advocate an abettor/conspirator in IPC 491, 339, 340, 347, 503, defamation?
    • Is he guilty of Criminal Breach of Trust?
    • In addition, can I sue him for Civil Damages?
    • In SLP, can I freshly refute all that advocate should have refuted in past petition and can I show evidence to expose perjury which he did not allow me to show?
    ===========
    1) In June 2008:
    a) Advocate told me not to file Civil for property crimes against myself and my mother as this would defeat the Writ in the High Court.
    b) Advocate told me not file for Criminal Confinement & Restraint—339 to 347 as this could be done after Writ.
    c) Advocate told me not file for Criminal Breach of Trust to Supply the Needs of a Dependent Person—391 as this could be done after Writ.
    d) Advocate told me not file appeal of 107/116 even though, as I learn now, the notification was technically incorrect. His affiliate went and admitted my guilt when I was not guilty thereby assisting in Criminal Restraint placed on me and 382.

    2) In June 2008, when my mother was Ghumraah [346], he told me not to file Criminal as he would get punishment through the High Court.

    3) On Aug 12th 2008 counteraffidavit by me, I exposed 25% of the lies by the Respondent. I told advocate to file a defeating motion soon. The evidence was very strong, the perjury obvious.

    4) On Aug 14th 2008, I suspect I was told not to come to court so that lawyers could talk of a ‘settlement’ against my wishes. Respondent got an extremely long adjournment until mid-Sep– for a Habeas Corpus!

    5) On Sep 24th 2008, I was told not to come to court as my advocate would not be there. I learnt that the advocate had talked of a ‘settlement’ against my wishes. Respondent got an extremely long adjournment until mid-Oct— for a Habeas Corpus!

    6) On Oct 13th 2008, in a bizarre move, the advocate of the respondent gave several affidavits to my advocate in court, and, instead of asking me if they were to our benefit, he told a local property broker that the one document should not be produced otherwise the case will become criminal against the respondent! On Oct 13th 2008, the advocate of Respondent stated that some points had been agreed upon and a family settlement was being tried. My advocates did not refute this untruth. This was untrue. Hon. Judge scoffed at this. In conversations, earlier, my advocates told me not to raise a voice in court if they sometimes played some strategic game though it was not true; else, the Bench would hold me in contempt of court.

    a) Incensed, on Oct 13th 2008, I sent off terse and unambiguous instructions to my advocate which can be verified by sending notice to Vodaphone. These are paraphrased:
    Written instructions: no settlement, no adjournments. In next affidavit, we explain why my advocates twice went against my instructions. No deal…
    My advocate called me and told me not to worry as he was “playing on the psychology of the judges.”
    7) On Oct 31st 2008, I was told that the date has been postponed. Maybe it was true.

    8) All this while (Aug 12 to Oct 31st) when I was told nothing was happening on that date, my mother was being intentionally neglected and my advocate knew that. She was being taken to places against her wishes, confined, abused, restrained, intimidated, and her ability to communicate being taken away. Is my advocate an abettor?

    9) On Nov 9th 2008, I apprehended misconduct and sent the SMS produced below:
    “Mother is being tortured, physically abused, restrained by bhabhi, brother, father. Shrieking in terror, angry at delay. On Nov 10 get 1 relief. Show condition of writing, coerced sign. No bench will refuse.”
    a) Moreover, he had been informed verbally earlier about prima facie evidence of physical abuse, torture and more of my mother. I was amazed he did not show the documents, indicate to the audio evidence of abuse, made strange submissions, and played the role of the respondent’s advocate!
    On No 10th 2008, my advocate did not tell me that abovementioned perjurous and easy-to-demolish affidavits by supporters of the respondent had been filed by respondent. I can prove that my written submission in response would have won the case and that those submitting the affidavits knew they could submit them without fear of being exposed even though they knew I could expose them! My advocate knew they knew that I knew.
    All these affidavits were to the benefit of the petitioner as the perjury could easily be exposed:
    • All saying “always happy with respondent” though she complained of malaise, anxiety in 2004 as per Respondent’s affidavit. This was to save Respondent and others from punishment on other crimes [Domestic Violence, intimidation, other].
    • All saying Respondent has taken medical care though he has not as is obvious on written record. Some mentioning treatments that were done by me and not by respondent. This was to save Respondent and others from 391, etc and defame me.
    • Some adding that ‘I had no Fixed Residence’ to give false evidence to conceal other crimes [453, 380, 120, etc].
    • Some saying ‘I am a lunatic’—this was to defame me. Now, advocate has exposed me to a defamation suit based upon his verbal submissions.
    • Saving respondent from IPC 193 and, in relation, 347 and 403.
    • Without any need talked of me abdicating my right to property.
    Instead, the advocates did a ‘settlement’ in the High Court against my express SMS instructions when he knew that IPC 193 was there in the affidavits and each affidavit that maligned me was a lie. Just as I was winning the Habeas Corpus, he contrived a ‘settlement’ detrimental to myself and my mother.

  33. Respected Sir,

    I have lost hugely during the recent stock market crash. I have gone bankrupt. The only source of income is my paltry job that will help me in running my family.
    I have a family – dependent parents, wife & a child.

    I have taken loans from banks and cash advances from all credit cards. I am unable to pay that huge debt that got accumulated due to the stock market crash. I am trying to move court and seek Insolvency. Please help me how could I do that. What are the disadvantages that will arise from this petition ? Will my creditor’s have an option to counter my petition in higher court. If that is so, I dont have the energy and money strength to run the case. Please explain me how safe is it to go insolvency petition, given my state. Also, I would like to know whether my existing job would be in jeopardy if I file the petition. Will the court inform my employer also about my petition.

    Also, I would like to let you know that if I plan to repay back the money at any time in future to my creditors, will I be allowed to do that. If so, whats the procedure. Will my creditor’s demand hefty amounts charging interests or will i be allowed to settle the payments thru legal counsel. Please guide me on this front. I am totally clueless as to how to go with this petition.

    My only intention is to see my life and family not get embarassed or harassed because of my Insolvency petition. Is that possible if i file the petiton.

    Your early reply is highly appreciated. Please help me.

    Regards
    Arun

  34. What Law says about “Vakalatnama” submitted by a Advocate in scenario like this?

    (A) Advocate ‘A’ submits his vakalatnama and after sometime he is no more seen (he does not appear) in the case but the vakalatnama is still in court records there is no NOC (no objection certificate) in record and or party who engaged A has not even filled any relieving papers in court that Advocate ‘A’ services are no more enggaged by her ???

    (B) Now Advocate ‘B’ joins the proceedings and he also submits vakalatnama and does the above and same way party engaging B also does above???

    (C) Comes into picture Advocate ‘C’ and same above things happen.

    (D) Now comes into picture Advocate ‘D’ and same things like above happens???

    Now what I specifically wants to know is

    (a) Are all 3 advocates whose vakalatnama is still in court records are still termed and or called advocates on record for that suit / proceedings?

    (b) In a Destitution / Penury case can I draw adverse inference of the Court by stating she has 3 advocates on record plus the current one as Advocate D / 4th. ?

    (c) What does Advocate Act and or Law talks about previous Advocates?

    (d) Was it mandatory to withdraw Vakalatnama of by previous 3 advocates? Or was it necessary that the party who has enggaged the 3 advocates should have submitted NOC or relieving letter in court?

    (e) How does Law see all these in clear picture in terms of adverse inference if any or is it acceptable?

    Please advise?
    D. Arun Kumar

  35. A dfendant declared insolvent during pendency of a suit. Is there any limitation period to bring any insolvent person (defendant) on record of a suit?

  36. Sorry, got it, it is U/S 256 CrPC.

  37. In S. 125 CrPC case if complainant is not appearing in 4 out of 5 dates which CrPC Section to be used for Dismissal of the Case? Please advise.

  38. Under the Act, competent authority with adequate judicial powers can order eviction of defaulting tenants or licensees but only when the Agreement between the parties is Registered.

    • Sir,
      1. leave &licence agr.,Party being gentlemen /finical difficuties expressed to owner , owner also agreed not to regester the dox with authority , but submits copy to police dept under sec 188of crpc. ( info of licencee in flat ) & get the dox notrized on Rs 500/ stamp paper . without regestration .
      Can he be vacated on expiry of the contract as per H.C judgement of Justice A M Khanwilka ,Justice S B Mhase and Justice Prasanna Varale said. “It is only a right to enjoy the property for…

      2. If regestered , & extension is done of Rs 500/ stamp paper with notrization , will it have the effect of law of H.c.

      sir, am a reteried person , and interested to help people of law when they enquire ,
      pl reply

  39. When Leave and Licence Agreement is not registered, and the Licensee filed RAD Suit in Small Causes Court for declaration as Tenant, whether Competent Authirity has Jurisdiction to entertain Licensor application of evicition, filed after 6 months of filing said RAD Suit, under section 24 of Maharashtra Rent Control Act, 1999 ignoring section 55 of the said Act?

  40. As per the information given by you it seem that the revision is within limitation period so there is no need for application for condonation of delay. Also the revision will lie only against the said order wherein the court dismissed your IA for confirmation of address. At same time in revison you may also file application for transfer of case if you feel that court is biased against you.

  41. Thank you so much to take your busy time out and to reply to my simple questions.

    Yes, local police SI has physically investigated on my written application to SHo to investigate and that copy I submitted in court as evidence to get summery order based on oral submission of OP Adv.

    It happened in July ’08 at GWA court Tis Hazari. Just today I got RTO reply from that address from Dte. of Estate that someone else the flat is alloted and no sub letting case is pending against that allottee.

    Now since IA is a interlocutory application sort of interim relief while main case is sub judice so as per your advise now if I file S. 151 CPC application with reasons given by you should I be using S. 5 Limitation Act for condonation of delay in revision application filling or how it works in case of Interlocutory Application dispossal and revision as per your advise to be filled or simple S. 151 CPC tiltle will work and clubbed with my pleading / grounds etc.?

  42. Firstly had police made any statement in written to you?

    If Yes! You can file the same in court , on which court may either take it or based on it you can request court to cause its own enquiry regarding the same.

    The application for same will be filed u/s 151 CPC praying the other party to give its correcxt address and for verification of same.

    In case you have already done as indicated by your earlier mail that court rejected relying upon the oral submission of the counsel for opposite party, then you may go for revision in the court above against the rejection of your said application.

  43. Thank you for your kind answers to both questions. But to address proof que. the Address verification was done by privately by a written complain application on instance date when visitation was granted. The applicant like to submit application in Court for address verification, could you advise section / act title of such application please. Notice ot Produce address application for address is already submitted in court and the party has not replied to it.
    Any further remedy?
    Rgds

  44. Hi,
    Ishqindia,
    For Divorce by mutual consent what is necessary is the satisfaction of court that marriage has been solemnised and that averments in the petition are true. Which the court will do after hearing to the parties or by making inquiry in manner as it thinks fit. So the Act makes it necessary upon the court to hear the parties, wherein the statements of parties are taken in the court. So at least it is necessary to be present in the court.

    In 2003 Supreme Court Interpreting Section 273 of the Criminal Procedure Code held recording of evidence through video conferencing would be perfectly legal.

    However, very recently, judges have been receptive to taking depositions in matrimonial cases also through video conferences even from people based overseas.
    There are instances of Family courts in Chennai and Delhi were courts conducted proceedings in a divorce case for a couple based in two different countries through video-conferencing.

    Still the problem of infrastructure exists by large in India and there are also difficulties of arranging a video conference connecting people in different time zones.

    • Sir,
      I was referencing the details you mentioned above for my divorce which is going on in
      India for th elast 8 yrs, since I am in US i couldnt go everytime.
      The lawyer in the lower court is asking for the publication no to submit for obtaining permission.
      Please let me know if you know the numbers so as to get the smae method video conferencing method applicable for me also.
      Thnak you so much
      KV

  45. It is not clear whether the address verification by local police station SO Officer was done on instance of court or not. In case the service returns undelivered, there are alternative methods of service through affixing and publication, which can be taken recourse to.

  46. what are the remedy available to husband from lower court in situation like following;

    A is petitioner / wife

    B is respondent / husband

    A files S. 13 (1) (ia) (ib) with X as her address under memo of Parties

    B during progress of proceedings receives a Court Order to visit A residence place under visitation rights. Upon reachign he discovers A does not actually lives there. Now, B files Contempt of Court Order application which is sub-judice.

    Later on B gets the address verified by local police station SO Officer who after physical ivestigation submits a report stating A does not live at the address and A/B’s child also does not lives at that address.

    After some months B sends Court Process Service to A’s already filed address. The Court Process Service returns un delivered with note from Process Server that A does not live at that address hence process service could not take place.

    Later B files IA for Address verification with witness proof under sworn affidavit. At the time of hearing of his IA A’s advocate on records verbally assures Court that indeed A lives at that address hence dismiss B’s IA. Court believes the verbal assusrance and under Court’s daily order Sheet mentions that as per ld. adv. assurance that A lives at the stated address this court believes the same and thus disposes the IA.

    Now what remedy B has to above? He knows he will find difficutly in future to Court Process Service and also for any legal matters where in he is supposed to send a Legal Notice during the pendancy of the lower court trial.

    I am looking for title of the Application I should file and Sections / Acts to be used and rest certified copy of above avernments I have.

    Please help me as I can’t afford a adv. and I am contesting my wife’s filed HMA / CrPC case for maint. from last 4 yrs. where in she has not got any maint. and doing all the tricks.

    Regards

    • Hi Kamal thank you for the service which you offering

      my friend is in UK he got married to a girl in india 3 years ago with condition that after marriage she will go to UK but she never did so , after marriage their no consumation between both of them where my friend had approached the girl multiplle time during his visits to India (punjab), after waiing for 3 years my friend had filed a case in india family court thorugh his father as GPA holder null and void ,aunnulment of marriage(12 and 13 section) after few date case come for recounsellation where the judge asked my friend to come down to India for recounsellation, now my friend cannot come to india atleast 3 years due he job and treat call given by the girl and their father for filiing c498A and sizzzing the passport , now my friend is looking for recounsellation through vedio conference ( ** my friend dont what to leave with her any more as she has brought his family reputation of street by spreading wrong words in seocity where their parent stays , she is liers, already he had given her 4 chance of recounselling but still she not changed )

      my question is :
      a) recounsellation can happen through vedio conference when both parties are in different cities
      b) if yes then can you send me the cse details to show as sitration when we plead the judge
      c) what are the other way thorugh which my friend can get rid of her without coming to India

      pl reply me ASAP
      with all solution which you feel

      thank you

      • Sir,

        My daughter is facing a same sort of problem.Can you help me out.

        Thanks
        NPK

      • we too have similar case , where we came to know that girls father is trying to get some money from us through our sources, we are ready to give him, but he is thinking as if he the most smart person in this world trying to play lot s of gimmicks , in that way we are thinking to fight the case as long as it takes, we will not pay him even a single rupee.
        if there intension is to get some money then they should be straight forward to ask it and make negotiation but they are trying to show over smartness then we are ready to face the battle to any extant as we fare from our part , till now we had not come into public about the girl issue , but the girls father is forcing us to come out , we are just waiting for our next hearing which is next month , if before that if they accept for mutual concern then it is fine otherwise we are ready to face all sequences and taken them for raid, but we will not let even a single rupee to her. we had given her father quite few chance to settle the issue but he is trying to be over smart by distorting his daughter life by dragging the matter. People are thinking that court favor only girls no matter what they are and father of the girls are making cash of it, in our case it very auricular that girl and her father both now that this marriage does not work any more , they are looking for some money , which as father he should be straight to finish it and get her marry somewhere else , but her the father is very greedy of money trying to make more but he is forgetting the more you greed less you get , if time passes away he will not get anything, there advocate is very good person he understand what is the process as he don’t what the girls life to miserable, so he had taken few steps, but what should we do with girls father as he is dum he does not have his own thought he is depend upon other by doing so he is spoiling his daughter life by dragging so, we are know that the girl mit have some physical problem due to which she cannot get married again to any one else , that why her father is willing to drag the case , other wise any father in this world would get his daughter married to some one else as soon as the first marriage does worked with non consummation,
        here are my question to you Mr Kamal
        1) what is the way we can prove the girls in impotent or she not fit for marriage as we all have some evidence about her
        2) If they are dragging the case what extent they can drag the case
        3) what should be my next step which i mail you personally
        thank you kamal ji for the con call which we had last Monday you said few very good points, i shall proceed in same process

        please mail all the details on my personal mail which i had give to you

        • Dear AAR, you can ask the court to proceed with medical test on the girl, or else you can produce the proof to court about her medical problem
          mail me in details >> reddyprathap24@yahoo.in

          we are dealing with similar case

  47. Is it necessary for Husband to be present in Mutual Consent Divorce petition as he is living outside India but is a Indian citizen?

    He can be identified by his relatives / parents by affidavit or video conference?

    Any precedence from Apex Court on this?

    Thank you for your help.

    Rgds

  48. Hi Ash,
    It is a common practice to use contents published in net or any other media. Copyright infringement in case of freely published content occurs only when the person who uses content belonging to some other person and publishes the same either by hiding the identity of the owner of the content or if he publishes the same by fake identity or passes it as his own. In such a case legal action can definitely be taken against the person who infringes the copy right.

  49. Hi Kamal,
    If time permitting, I would appreciate your legal expertise on copyright infringement where a big company infringes on the rights of individuals.
    What are the options available for an individual as in the case below highlighted by the below post

    http://www.indiabolbol.com/2008/09/times-of-india-violating-copyright/

  50. AdvocateKhoj.com: Lawyers just a click away!
    AdvocateKhoj.com is an efficient, cost-effective way to connect with prospective clients who are actively seeking legal representation in your location and specialty. AdvocateKhoj.com enables subscribing advocates to develop and focus their practice while increasing revenue and saving time.

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