Brightsanjay9083

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Viewing 15 posts - 136 through 150 (of 197 total)
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  • in reply to: Any Law to save innocents from Jail imprisonment ? #32652
    Brightsanjay9083
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      Brightsanjay9083
      PARTICIPANT
      March 18, 2025 at 2:39 pm
      Lawyer here based in Delhi. Section 138 of the Negotiable Instruments Act (cheque bounce case) is not automatic imprisonment, conviction happens only if intent to cheat is proven, and even then, courts often allow settlement rather than immediate jail.

      Since you genuinely could not repay due to financial distress, you should:

      * File for insolvency if eligible under the Insolvency and Bankruptcy Code (IBC), 2016, showing you have no means to repay. This can help suspend ongoing proceedings.

      * Challenge the case by proving lack of criminal intent. If you issued the cheque as security and not for repayment, that can be a defense.

      * Seek mediation or out-of-court settlement—banks often accept negotiated amounts if full repayment is impossible.

      If legal aid isn’t helping, you can try requesting a different legal aid lawyer with experience in financial cases. Let me know if you need guidance on next steps.

      Brightsanjay9083
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        Brightsanjay9083
        PARTICIPANT
        March 18, 2025 at 2:30 pm
        Lawyer here based in Delhi. Under the Maintenance and Welfare of Parents and Senior Citizens Act children are legally obligated to provide maintenance only if their parents are unable to support themselves. Since your father is financially self-sufficient, he is unlikely to succeed in claiming maintenance from you.

        If you left without taking any of his property and did not engage in any unlawful activity, the risk of a theft or criminal complaint is low.

        However, if he takes any retaliatory steps, you may need legal representation to counter it. Let me know if you need assistance.

        in reply to: Help urgently needed #32909
        Brightsanjay9083
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          Brightsanjay9083
          PARTICIPANT
          March 18, 2025 at 8:54 am
          Lawyer here based in Delhi. If the attackers are minors, the case will be handled under the Juvenile Justice (Care and Protection of Children) Act, 2015, and proceedings will take place before the Juvenile Justice Board (JJB) instead of regular courts. If they are 16 or older and the injuries are serious, the JJB has the discretion to try them as adults under certain circumstances.

          Under Bharatiya Nyaya Sanhita (BNS), 2023, applicable sections could include:

          Section 104 (Voluntarily causing hurt)

          Section 105 (Voluntarily causing grievous hurt)

          Section 107 (Causing hurt by dangerous weapons, which may apply if the hockey stick is considered a weapon)

          Since the police are refusing to register the case, escalate by submitting a written complaint to the SP/DCP. If they still do not act, you can approach the Juvenile Justice Board (JJB) under Section 173 of the BNSS, 2023, to direct the police to register the FIR if the attackers are minors. If they are adults, then the Magistrate under Section 173 BNSS, 2023, has the authority to order police action.

          If the attackers’ ages are unknown, file the complaint first, and the police will verify their age during the investigation. You may also file a grievance through IGRS (Jansunwai) or the 1076 helpline, but direct legal escalation is more effective. If you need help with drafting a complaint or taking legal steps, feel free to reach out.

          in reply to: African Immigrant problem #34121
          Brightsanjay9083
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            Brightsanjay9083
            PARTICIPANT
            March 17, 2025 at 8:35 pm
            > So when countries like US, Canada, Australia etc say indian immigrant problem, that implies all indians are at fault rather than the ones who get there without documents?

            Yes, that is what racism means

            in reply to: African Immigrant problem #34122
            Brightsanjay9083
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              B
              Brightsanjay9083
              PARTICIPANT
              March 17, 2025 at 8:34 pm
              Yes

              Brightsanjay9083
              Participant
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                Brightsanjay9083
                PARTICIPANT
                March 17, 2025 at 7:36 pm
                Unfortunately, no

                in reply to: What to do when someone posted a video without consent? #33346
                Brightsanjay9083
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                  Brightsanjay9083
                  PARTICIPANT
                  March 17, 2025 at 7:29 pm
                  Legally, filming in a public or semi-public space like a pub does not automatically require consent, unless the video is used in a way that violates privacy, causes harassment, or is defamatory.

                  Assuming the video does not contain misleading, defamatory, or harassing content, it is unlikely to be illegal. However, if the people in the video are uncomfortable with it being posted without their consent, reporting it to Instagram and requesting removal is still a valid step.

                  While consent is an ethical consideration, the law does not always require it for filming in public spaces. It only becomes a legal issue if the video violates privacy, is used maliciously, or causes harm.

                  Brightsanjay9083
                  Participant
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                    Brightsanjay9083
                    PARTICIPANT
                    March 17, 2025 at 7:22 pm
                    Lawyer here based in Delhi. Posting AI-generated deepfakes has stricter penalties. Your friend should immediately file a cyber complaint at https://cybercrime.gov.in/. They can also file a complaint with the local cyber cell or police station.

                    Your friend should also:

                    * Report the account to Twitter/X for impersonation, harassment, and manipulated media.
                    * Preserve evidence (save screenshots, links, timestamps and download videos) before the account deletes the posts.
                    * If the police do not act, escalate to the SP/DCP.

                    Brightsanjay9083
                    Participant
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                      Brightsanjay9083
                      PARTICIPANT
                      March 17, 2025 at 7:17 pm
                      awyer here based in Delhi. The notion that the bigger vehicle is always at fault is incorrect—liability depends on who was negligent. Since the two-wheeler rider was drunk, without a helmet, and crashed from behind, you should ensure that the police record this correctly to avoid wrongful blame on your parents.

                      If the injured rider or his family later files a Motor Accident Claims Tribunal (MACT) case, your parents’ car insurance company may have to defend against a compensation claim. However, his drunkenness, lack of a helmet, and rear-end collision must be recorded in the MLC report and police statements to counter any such claim.

                      Key steps to take:

                      * Ensure an MLC (Medico-Legal Case) report is made for the rider at the hospital, confirming alcohol consumption and injuries. This prevents later false claims.
                      * Get a copy of the FIR (if filed) and ensure it includes details of the drunk driving and rear-end collision. If no FIR is being filed, at least ensure a General Diary (GD) entry is made correctly.
                      * Do NOT accept blame or sign any statements without legal advice.
                      * Ensure your parents’ version is recorded properly. If police insist on shifting blame, they can file a counter-complaint stating the actual facts.
                      * If a MACT case is filed, contest it using evidence such as CCTV footage, police reports, and hospital records.

                      If the police wrongfully blame your parents, or if a false MACT case is filed, legal steps can be taken to challenge it and protect their interests. Let me know if you need help navigating this legally.

                      in reply to: Seeking lawyer for divorce litigation #37338
                      Brightsanjay9083
                      Participant
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                        Brightsanjay9083
                        PARTICIPANT
                        March 17, 2025 at 7:06 pm
                        Since you are working in AP, you can file a transfer petition in the Supreme Court to shift the case to your location, arguing that frequent travel to Delhi would cause undue hardship and interfere with your PSU job. While transfer petitions from the husband’s side are harder to win, it is still an option worth trying if you have strong grounds, such as work constraints.

                        If she files in Delhi, I can assist you with the transfer petition in the Supreme Court. If the petition does not succeed and the case remains in Delhi, I can also represent you here and ensure you minimize unnecessary travel by requesting virtual hearings (VC) wherever possible.

                        in reply to: Need advice for divorce and maintenance #34135
                        Brightsanjay9083
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                          Brightsanjay9083
                          PARTICIPANT
                          March 16, 2025 at 6:32 pm
                          This is the correct advice

                          in reply to: Don’t want a divorce 34M to 32 F #34233
                          Brightsanjay9083
                          Participant
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                            Brightsanjay9083
                            PARTICIPANT
                            March 16, 2025 at 6:16 pm
                            Your father cannot claim a legal breach of privacy against family members in a personal matter like this.

                            Since the evidence was gathered for divorce proceedings, there is no legal issue in keeping or presenting it in court. However, publicly sharing private conversations or images outside legal proceedings could still invite other claims, so it is best to use them only where necessary.

                            in reply to: Need advice for bike challan #34162
                            Brightsanjay9083
                            Participant
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                              Brightsanjay9083
                              PARTICIPANT
                              March 16, 2025 at 5:13 pm
                              You can visit the RTO or Traffic Police Office in person with your insurance documents. If they refuse to cancel the challan despite valid insurance, you can challenge it in a traffic court.

                              in reply to: Need advice for bike challan #34160
                              Brightsanjay9083
                              Participant
                                B
                                Brightsanjay9083
                                PARTICIPANT
                                March 16, 2025 at 5:01 pm
                                You should dispute the challan on Parivahan website

                                in reply to: Need help 70lakhs got robbed #34355
                                Brightsanjay9083
                                Participant
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                                  Brightsanjay9083
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                                  March 16, 2025 at 4:32 pm
                                  And did he share records? Is there a record of this gold in anything else such as in ITR?

                                Viewing 15 posts - 136 through 150 (of 197 total)