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APlease engage an advocate, show them all the correspondences and take their advice. Do not go to the police station without this. Cops have a way of playing both sides so be careful.AIf the gym refuses to provide the footage then adverse inference will be drawn against them. But given that op has actually cause the damage it is unlikely that the gym will not produce the footage if they have a camera.ABy what you have described it appears that the accused wants to take a defence that the money was allegedly paid to obtain sexual favours. Such transactions are illegal and usually such a defence does not succeed in a case of sexual harassment. If the accused wants to recover the amount from you, he now has to file a claim against you which will then water down his defence in the criminal matter. Don’t worry, even if he wants to recover the money, he has to go through legal means. Try and build back the corpus and refund the amount. It is best not to have dealings with such people.ALike I said, you can state any number of defences however the court looks at empirical evidence. Whether it was precarious or not is something one has to prove. It is op’s assertion that it was precariously placed. He will have to establish that by leading evidence which is impossible since there’s No precedence that at least he knows of. Courts do not go into speculative aspects. They look at actual damage. OP is in the place by way of a license to enter. A licensee has a duty of care.ALawyer here. OP Here is a few things for you to consider:
1) There is No requirement of a contract or indemnity for someone to sue you for damages. It’s a tortious liability. They can Sue you if they see fit. Usually they will have cctv or other footage to back up their claim.
2) The argument of care and caution and mirror being placed nearby are all defences you can take but ultimately you were the one to cause damage and secondly No one else has caused damage apart from you. If it was so precariously placed, there would be a history of some damage during the normal course.
3) This will not Count as normal wear and tear.
4) your offer to replace only a portion will depend on whether that is practically achievable. If it is achievable then go ahead and make that offer and they cannot demand that you fix the entire thing since you have offered to mitigate their losses.
Having said all this, they are unlikely to Sue for such a small amount unless they have taken it on their ego. If you’re so apprehensive, discontinue your gym and block them (however I’m assuming they still have your personal details). Take your chances and see.AThis is not permissible. You always have the liberty to change your counsel. Better clear these issues in the beginning only before you engage your counsel.ADepends on what you’re looking for in a career. If you want to pursue law be clear which way you want to go. There are mainly mainly 3 ways to go
1) Litigation
2) corporate and non litigation work
3) in house counsel.Whatever happens in the court is litigation which is more often than not depicted in media. I’m presuming that since you’re a non lawyer, you have exposure only to litigation and asking the question from that perspective.
A career in litigation isn’t easy. It takes a lot of hard work and a long time for your hard work to fetch you decent money. As is the case with any profession, the top cases which make you good money is concentrated in the hands of a few lawyers and law firms mostly in metropolitan cities. My advice is, shadow a successful lawyer for a few days to understand the pressure and grind they go through and then take a call. Specially if you are a first generation law aspirant. However, if you’re willing to put in the time and effort, money and success will come for sure. Coming to the question of a fulfilling career, it is very subjective. Some find it fulfilling just to have a successful practice which some find pro Bono and public interest litigation fulfilling. To each their own but what’s most important is to know what you want which can only happen if you get some real world experience. So I suggest you shadow someone or intern with an office.APlease see the base council code of conduct. It is prohibited for a lawyer to charge fees on the outcome of a dispute. Therefore charging a percentage of the claim amount is clearly prohibited by the code of conduct. There is No way he can enforce it and collect the money. Consult another trustworthy lawyer. If push comes to shove, approach the local bar council with a complaint.AAsk that as a consequential relief. In any case if the proceedings take more than a year you can convert it into a mutual consent petition and come out. Speak to a lawyer specialising in matrimonial disputes.APre-nuptial agreements are unenforceable in India since No agreement can be made contrary to existing statutes. Whatever you may sign is worthless if you’re not able to enforce it in a court of law. If you don’t see eye to eye on fundamental issues better not get married. Trust is very essential.APlease speak to a lawyer and explain the facts with details and documents. He will let you know what steps to take. For a case to be qualified as fraud, the ingredients have to be satisfied. Mainly the intention to cheat has to be present. If it’s simply inability to pay then it’s a civil matter. But there are various ways to tackle this situation depending on the documents.ANever ever hit or physically harm someone unless it’s in self defence. You can always get your phone back but do not slap someone. Attacking the face or head can be construed as attempt on one’s life depending on the outcome.ANext time don’t pay. Very difficult to get the money back once you’ve paid it. He has to go through legal process to recover the money which means that he has to file a case. He can file a complaint but cops cannot legally force you to pay any money. You will however have to devote time, money and energy to contest the matter. So far as your question of him grabbing your phone, do you gave any video of it? If so, depending on hope severe the threats were and if any physical assault was involved, you may have a case but if there’s No video then maybe drop it.ADon’t worry. Please let your elder sibling or someone elder to you (who you trust) know. Please take back up of all the chats and videos but do not share them with anyone right now. Don’t worry, with this evidence, even if there Is a complaint given, engage the services of a good lawyer and request the high court to have the complaint quashed. I leave it to you if you want to get your parents in on it right now but it’s advisable that you tell them. It’s not the end of the world man.
