Brightsanjay9083

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  • in reply to: Need advice for my parents. #23752
    Brightsanjay9083
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      Brightsanjay9083
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      March 31, 2025 at 8:01 pm
      Lawyer here, based in Delhi.

      Your parents have the right to live in peace, especially if they own the home and are supporting others. The Supreme Court recently said that eviction under the Senior Citizens Act is not automatic, but it can still be allowed in serious cases where the parents’ well-being is at risk.

      They can approach the Maintenance Tribunal under the Senior Citizens Act in their district. Even if they are not asking for money, the tribunal can look at the full situation and pass appropriate orders, including eviction if justified.

      Brightsanjay9083
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        Brightsanjay9083
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        March 31, 2025 at 7:07 am
        Lawyer here, based in Delhi.

        This is a serious matter and needs careful handling. If you are out on interim bail in a case involving kidnapping and extortion charges, the priority now is to secure regular bail and ensure that your version of events is properly placed on record. If the person stayed with you voluntarily, and you have supporting evidence like hotel records, messages, or witnesses, that will be important for your defence.

        As for legal representation, it is normal for lawyers to charge fees, especially in cases involving serious allegations. But if you feel your concerns are not being addressed or that your defence is not being presented the way it should be, you are always free to seek a second opinion or consider other counsel. The important thing is that you feel confident in the person representing you in court.

        in reply to: What to do #24407
        Brightsanjay9083
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          Brightsanjay9083
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          March 30, 2025 at 3:57 pm
          You are in a difficult position, but it is not uncommon. Many people stay silent because they fear retaliation or losing financial security. That fear is exactly what allows this kind of control to continue.

          What he is doing through threats, blackmail, and using your future and your mother’s dependence is deliberate. It is meant to isolate you and prevent even basic steps toward independence.

          If you choose to act, there are legal routes available. But those steps come with consequences, and you are right to think them through. You do not have to move immediately, but you should start preparing. That means keeping records, documenting what is happening, and understanding your options clearly.

          in reply to: What to do #24403
          Brightsanjay9083
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            Brightsanjay9083
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            March 30, 2025 at 3:41 pm
            Lawyer here, based in Delhi.

            Given the immediate threats, please prioritise your safety. If he is still there and threatening you, you can and should call 112 or approach the nearest police station.

            You and your mother may seek financial support under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaces the earlier Section 125 CrPC as well as under Domestic Violence Act.

            in reply to: What to do #24401
            Brightsanjay9083
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              Brightsanjay9083
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              March 30, 2025 at 3:34 pm
              Your gender and age?

              in reply to: What to do #24398
              Brightsanjay9083
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                Brightsanjay9083
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                March 30, 2025 at 3:31 pm
                Who is “he”?

                in reply to: In trouble with company compliance MGT-7 & AOC-4 #24782
                Brightsanjay9083
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                  Brightsanjay9083
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                  March 29, 2025 at 10:28 pm
                  Lawyer based in Delhi here.

                  Even though you were not involved in the day-to-day affairs of the company, since you are listed as a director on record, you are liable for the failure to file. To protect yourself from further penalties in the future, you should first send a formal notice to the company and the other directors, recording that you were not managing the company’s affairs and had no role in the non-compliance. If the company continues to remain non-compliant, you should also consider resigning and filing your resignation with the RoC directly to avoid further liability.

                  You should also *promptly* apply under the adjudication mechanism or for compounding to seek reduction of the penalty. The authorities do consider role, conduct, and evidence when deciding the quantum of penalty.

                  Brightsanjay9083
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                    Brightsanjay9083
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                    March 29, 2025 at 4:21 pm
                    The lowest you might find is around ₹5,000, and some lawyers may even do it for free if they take it up pro bono. But as with most things, you get what you pay for.

                    Brightsanjay9083
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                      Brightsanjay9083
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                      March 29, 2025 at 3:52 pm
                      There is no fixed rate. It depends on the lawyer, the city, and whether you want just the drafting or full representation.

                      in reply to: Customer not paying GST Invoice, can filing a case help? #24855
                      Brightsanjay9083
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                        Brightsanjay9083
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                        March 29, 2025 at 3:39 pm
                        You can file a recovery suit and the GST invoice helps your case. But for ₹30,000, legal costs may outweigh the benefit. Try sending a legal notice first and explore mediation. It is quicker, cheaper, and might lead to settlement.

                        Brightsanjay9083
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                          Brightsanjay9083
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                          March 29, 2025 at 3:33 pm
                          Yes, you can file it yourself as party-in-person. The court allows that, but writ matters involve specific legal framing and procedure, so having a lawyer helps. If the amount is small, it may be more practical to first send a written representation to the ministry. Sometimes that alone works. If not, you can consider legal help just for drafting without going for full representation.

                          Brightsanjay9083
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                            Brightsanjay9083
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                            March 29, 2025 at 3:21 pm
                            Lawyer here, based in Delhi.

                            Since the scholarship scheme is run by a government ministry and you were selected as a beneficiary, you have the right to receive the full amount as per the applicable guidelines. If you have received only a part of the benefit without any explanation, and there is no updated notification for 2024–25, you can first send a written representation to the concerned department asking for clarification.

                            If the ministry fails to respond or does not provide a reasonable explanation, and your selection is documented, you can consider filing a writ petition in the High Court.

                            You will need to collect any official communication showing your selection, the 2023–24 scheme guidelines, proof of the partial payment, and any communication (or lack of it) from the ministry.

                            Brightsanjay9083
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                              Brightsanjay9083
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                              March 29, 2025 at 3:05 pm
                              Lawyer here, based in Delhi.

                              Since your friend has been arrested for alleged trade of a narcotic substance in commercial quantity, the case falls under the NDPS Act, and bail is not straightforward. For commercial quantity, bail is only granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. This is a strict standard, and the burden is on the defence.

                              You will need to engage a criminal lawyer with experience in NDPS matters. The remand order, arrest memo and seizure documents will be crucial. Bail must be sought before the Special Court that handles NDPS cases. Depending on the stage of investigation, the court may require strong material to even consider the application.

                              If convicted, the punishment for possession or trade of commercial quantity starts at ten years and can go up to twenty, with a fine. But sentencing only arises after trial. At this stage, the priority should be to ensure the arrest and search procedures were lawful and to apply for bail as early as the facts allow.

                              Brightsanjay9083
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                                Brightsanjay9083
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                                March 28, 2025 at 5:04 pm
                                Highly unlikely is an understatement here

                                in reply to: A maid in my area Illegally held my police. #25769
                                Brightsanjay9083
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                                  Brightsanjay9083
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                                  March 28, 2025 at 2:24 pm
                                  Username sure checks out

                                Viewing 15 posts - 16 through 30 (of 197 total)