Happyshark11

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Viewing 15 posts - 391 through 405 (of 433 total)
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  • in reply to: Why do criminal case in India take so long? #49075
    Happyshark11
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      Happyshark11
      PARTICIPANT
      February 22, 2025 at 8:10 pm
      Because our population is too large and number of courts / judges too few… Government does not appoint new judges or improve infrastructure of courts. Each day most courts have around 100+ cases (on average) listed before it for various reasons. Magistrate’s courts in Mumbai often have 200+ cases on a single day.. The Court time is from 11 am to 1 pm and from 2 to 4.30. Even if a judge decides to work hard and wants to take cases after court hours, the court staff won’t support as they don’t want to do unpaid extra work. In such circumstances, it is impossible for them to clear the huge pendency and the total number of cases just keeps increasing. Most judges knowing that it is impossible to ever clear the pendency lose any motivation of trying extra hard.

      It’s not the Court’s fault that it takes time for cases but the fact that Government is not appointing more judges and creating more courts. If you want cases to finish quickly you would need to at least double or triple the number of courts. But sad reality is despite dire need of more courts, government is not even filling up vacancies in existing courts.

      Happyshark11
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        Happyshark11
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        February 22, 2025 at 7:45 pm
        There is not enough context in your question… do you want to know about effect of having oral agreement in a court proceeding or just want to make sure the other person does not change his mind and back out of the deal later? Oral agreements are valid and enforceable in court if thats what you want to know, but the agreement will have to be proved by other means.

        Also, content of your call is not recorded by any department.

        in reply to: Fake Gym Listing on Cult Fit #49718
        Happyshark11
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          H
          Happyshark11
          PARTICIPANT
          February 22, 2025 at 12:33 pm
          You can file a consumer complaint against them.

          in reply to: Animal lovers to criminals #49289
          Happyshark11
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            Happyshark11
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            February 22, 2025 at 12:26 pm
            File a police complaint.

            in reply to: Need Urgent Advice: Dubious Shop Deal in Mumbai, Please Help! #49319
            Happyshark11
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              Happyshark11
              PARTICIPANT
              February 22, 2025 at 11:00 am
              He may not have money now but that does not mean that he won’t have it in future. Even if you take legal action it is not like you will obtain order tomorrow itself. The process takes time. But if you don’t take any legal steps your right to recover the amount legally will lapse after 3 years from date of default.

              There are many reasons for delay in court proceedings, including huge pendency, requirement to give fair opportunity to other side (they will try to delay as much as possible), judges taking leave, court being busy with more important cases etc. Also, while there are a few lawyers who unnecessarily prolong cases, this is not the main reason for delay in court proceedings and there are ways to ensure that your lawyer does not do it. Since your claim amount will not be very high, find a lawyer who will do your case for a lump-sum amount and not per-date basis, and divide the payments based on milestones. This will ensure that the lawyer does not stall your case.

              Happyshark11
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                Happyshark11
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                February 22, 2025 at 10:29 am
                This is not a legal problem. There often is clash between college and internships. You simply have to make a decision on which is more important for you. Consult seniors in your college on what is more important for your course and how strict your college is about attendance.

                in reply to: Need Urgent Advice: Dubious Shop Deal in Mumbai, Please Help! #49317
                Happyshark11
                Participant
                  H
                  Happyshark11
                  PARTICIPANT
                  February 22, 2025 at 10:23 am
                  Since you have a blank cheque given as security by the seller, you have two ways to proceed –

                  1. Fill the balance amount on the cheque and deposit it. If it is dishonoured, then go for cheque bounce case under S.138 of Negotiable Instruments Act.

                  2. File a civil suit for recovery of balance amount.

                  You can also go for both at the same time. Legal Notice will be the first step in both these options so there is no avoiding that step.

                  in reply to: Someone in my company filed a complaint against me. #49984
                  Happyshark11
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                    Happyshark11
                    PARTICIPANT
                    February 22, 2025 at 7:34 am
                    Inform the ethics committee on email that while you have done nothing wrong, you will cooperate with the investigation into the Complaint. But be very clear that you are not ready to sign any agreement. They cannot force you to sign anything. No need to involve legal representation at this stage. First see what is the complaint made against you.

                    in reply to: Need advice and opinion related to my marriage and property #49886
                    Happyshark11
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                      H
                      Happyshark11
                      PARTICIPANT
                      February 21, 2025 at 9:41 pm
                      I’m not sure if you are worried about your property in case of divorce or worried about the Indian government taking over your properties for marrying a Pakistani. Either way, it will not be an issue. The government will not take over your properties for marrying a Pakistani. In case of divorce, I doubt that your marriage and consequently divorce will take place in India and as per Indian law. In foreign marriages, it is best to get a prenuptial agreement (not allowed in India except for Goa) where your liabilities in case of divorce are agreed to prior to the marriage.

                      in reply to: CCTV Footage shared with the whole society #50426
                      Happyshark11
                      Participant
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                        Happyshark11
                        PARTICIPANT
                        February 21, 2025 at 9:59 am
                        You have done nothing wrong by clicking pictures in the corridor (its part of public area even if the picture is of her door), and that lady had no right to humiliate you. While the photo you took was of the door, she posted “your” video and insulted you on the group. If you still have records of the chat on whatsapp group and all the responses, file a defamation case against that lady (depends on content of the texts – take advice from lawyer) and put her in place. Even if you don’t go through with the case to the end, use it to get the lady to apologise.

                        in reply to: How do I protect my startup idea from getting stolen? #50924
                        Happyshark11
                        Participant
                          H
                          Happyshark11
                          PARTICIPANT
                          February 21, 2025 at 8:18 am
                          There is no foolproof way of protecting an idea in law… if you had developed the technology or substantial parts of it, you could patent it. But ideas cannot be patented. Best thing you could do is go for is getting Non Disclosure Agreements with heavy penalty clauses signed by any organisation / person to whom you pitch the idea. But this is not a guaranteed way of protecting the idea.

                          Happyshark11
                          Participant
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                            Happyshark11
                            PARTICIPANT
                            February 21, 2025 at 8:00 am
                            If you inform the bank and police immediately after the money is transferred, then they reverse the transaction. Once time has passed, it becomes nearly impossible to actually trace the money and get it back.

                            in reply to: Can I Reopen a Cheque Bounce Case After 11 Years? #50506
                            Happyshark11
                            Participant
                              H
                              Happyshark11
                              PARTICIPANT
                              February 21, 2025 at 7:47 am
                              Answer 1 – No, you cannot reopen the case after willingly withdrawing it. Once you chose to close your case that is the end of it.
                              Answer 2 – Ideally all original documents should have been returned to you when you withdrew the case. Steps in this regard should have been taken by your advocate at that time itself.
                              Answer 3 – Legally there is nothing you can do after such a long time.

                              in reply to: HERO FINCORP LEGAL NOTICE #50854
                              Happyshark11
                              Participant
                                H
                                Happyshark11
                                PARTICIPANT
                                February 21, 2025 at 7:20 am
                                If you can find the case on ecourts, then it is legit. But still not of much concern at this stage. Don’t go on the next date if you are not able to pay the amount and want to delay the case. Wait for court to take cognizance and issue official summons. Courts have huge pendency and it will automatically take time but if you go by yourself at this stage then it will end up expediting the case for the otherside. Only go to court after police serve the summons to you.

                                Also, sending legal notice before filing complaint is a mandatory requirement in such cases. So if they have filed this case without sending legal notice then you have a very high chance of winning on this technical ground. That being said best course of action in such cases is to delay the matter till the time you have the money to pay them as the amount involved is not much and fighting the case till the end might end up costing you more.

                                in reply to: HERO FINCORP LEGAL NOTICE #50848
                                Happyshark11
                                Participant
                                  H
                                  Happyshark11
                                  PARTICIPANT
                                  February 20, 2025 at 7:40 pm
                                  Advocate here.. Have you received a legal notice yet? Im not 100% certain if the message you reproduced is legit.. Wait till you receive proper summons from the court before taking any action. 2nd and 3rd para are a big red flag.. S. 223 of BNSS is for examination of complainant and not the accused. While it does say that cognisance cannot be taken without hearing the accused, no procedure for issuing notice at this stage is provided. Also, there is no reason for an accused to appear before court at this stage. Wait for the court to take cognisance and issue summons before taking any legal steps or appearing.

                                  Please note that summons can only be served by a police officer or officer authorised to serve summons.. it cannot be sent on whatsapp, email etc. Also, in the past I have dealt with NBFCs that simply take summons or warrant or order from a different case and edit the content; and send to borrowers to scare them into paying the debt / settling… This generally is done when the amount in question is low. Reason being to file a case and prosecute will end up costing them more than what they may recover.

                                Viewing 15 posts - 391 through 405 (of 433 total)