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HMake sure that you are accompanied by a lawyer during the CBI interrogation, as you are legally entitled to have your lawyer present during questioning.
Additionally, you should immediately apply for anticipatory bail before the High Court to protect against any potential arrest.
HThere are several NGOs and government agencies dedicated to supporting women facing abuse. You should reach out to a nearby organization for assistance. They can guide you through the process of filing for divorce and registering police complaints.It is important to file a police complaint against your husband, his family, and, if necessary, your father. Remember, any jewellery or valuable items given to you at the time of marriage are considered your Stree Dhan and cannot be taken away by your husband or father. You have the legal right to reclaim them.
It is important not to get overwhelmed by emotional challenges. Prioritize your safety and well-being by filing a police complaint without delay. Seek protection orders and interim maintenance from your husband to ensure financial security and personal safety during this time. Taking these steps will empower you to regain control of your life.
HSince you are a shareholder, it would be best to file a petition under Sections 241 & 242 of the Companies Act for oppression & mismanagement. Ensure that you have preserved all relevant Minutes of Board Meetings, communications and other evidence which can be used to substantiate your claims.Additionally, if the foreign parent company has breached any terms of the agreements entered with you, you could consider initiating appropriate legal proceedings against them in Indian or foreign courts. However, keep in mind that pursuing legal action against foreign entities can be very challenging.
HIf the payment was made through a bank or a proper channel, you may have some legal remedies. However, if the payment was made in cash, you will not be able to pursue the matter. My response assumes that the payment was made through a bank or an official channel.Firstly, if the man falsely represented himself as a lawyer, convinced you to pay Rs. 2 lakh, and assured you that the case would be resolved within six months, he will be liable for cheating and possibly for criminal breach of trust depending on how he used the funds. You should consider filing a complaint against him and his wife.
Secondly, verify whether the wife has actually filed the case as promised. If it turns out that she has not filed the case, you may lodge a complaint with the Bar Council against her for professional misconduct.
Please be mindful that there has been a significant delay (around 5 years) between the payment and the initiation of any legal action. This delay impacts the strength of your case and the potential outcome. However, you should be able to justify the delay by demonstrating that only recently you guys discovered the fraud or deception.
H1. A magistrate has the power to recall their own order if it is interlocutory or procedural in nature. If the magistrate refuses to recall the order, you must file a revision before the appellate court.2. If your application for cancellation of an NBW is kept pending, you must remain present on the next date of hearing. Ideally, the court should have cancelled the NBW and set the bail bond on the same day the application is filed. However, this is not a major concern. The magistrate must have felt that you are deliberately delaying the matter so he must have kept the NBW pending.
3. If the court has the necessary infrastructure for video conferencing, then your advocate can submit the affidavit of evidence on your behalf while you attend the proceedings online. However, keep in mind that prior permission from the court is essential to attend the hearing via video conferencing.
H1. If your right to lead evidence has been closed due to non-appearance, you must file an application seeking the recall of the order and permission to lead evidence. This application should be filed before the same judge who passed the original order.2. There is no provision under the CrPC for the stay of warrants. Once a warrant has been issued, it must be executed unless it is cancelled. However, if the warrant is issued solely to compel appearance, the accused can appear before the court, furnish a bail bond, and remain at liberty.
3. In cases under Section 138 of the NI Act, both the complainant and the accused can lead evidence by way of an affidavit. In criminal trials, it is not mandatory for the accused to present evidence in his defence. The accused’s defence can also be established through witnesses other than the accused (if available). However, any witness named by the accused must be present at the time of filing the affidavit of evidence and during cross-examination. But if no appropriate witness is available, then the accused would have to personally lead evidence in his defence.
HIf no one is willing to file an FIR, then how do you plan to take this forward?If you truly want to fight for justice, then go ahead and file an FIR. Otherwise, let it go and focus on your studies.
HYou will need to engage an advocate to file the PIL. Although courts can take suo motu cognizance and register a PIL without a formal petition, in this case, since a PIL on the matter already exists, filing a second PIL will require following the standard filing procedure.HInitiate legal proceedings against the husband by filing cases under the Domestic Violence Act, Dowry Prohibition Act, and Section 498A of the IPC for cruelty. Additionally, lodge a police complaint against the husband under the POCSO Act, as he is allegedly involved in an affair with a 15-year-old girl.HNo. You will be taxed on your income. Individual taxpayers cannot deduct personal expenditures, including alimony payments, when calculating their tax liability. Therefore, paying alimony does not reduce your taxable income.HA Public Interest Litigation (PIL) is essentially a writ petition filed before a High Court or the Supreme Court of India, seeking judicial intervention in matters of public interest. Multiple people can file PILs on the same issue. However, it is likely that such petitions will be clubbed together and heard jointly to avoid multiplicity and conflicting judgments.If you want to halt deforestation activities, you should file an Interim Applicatio along with your PIL, requesting a stay on such activities until the petition is adjudicated.
HWhether you can continue with your side gig depends on the specific terms of your employment. As a lawyer registered with the Bar Council, you are prohibited from being a full-time salaried employee of any organisation. Therefore, it is essential to review your employment contract and the relevant Bar Council regulations to ensure compliance.That being said, freelance content writing on a contractual basis should not be an issue. However, if you are a full-time employee, you will need to quit or alter the terms of engagement.
HSubmit a written complaint along with copies of all supporting evidence to the SP / DCP. If the FIR is still not registered, then file a complaint before the Magistrate’s Court. You may also raise the issue on social media, as public pressure can compel the authorities to act.If these measures do not yield results, you can file a Writ Petition before the High Court seeking appropriate directions.
