Happyshark11

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Viewing 15 posts - 61 through 75 (of 433 total)
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  • in reply to: Wife took child to her home. Need help #24959
    Happyshark11
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      Happyshark11
      PARTICIPANT
      March 29, 2025 at 5:29 pm
      Yes, abusive behavior is a consideration when deciding custody of the child. However, you will need to prove the abusive behavior in court. Simply making allegations without evidence will not be sufficient, as it will become a situation of your word against hers, which does not yield any meaningful outcome.

      To obtain custody, you must demonstrate to the court that granting custody to the mother would be detrimental to the child’s welfare. Without clear and convincing evidence of harm or risk, it is unlikely that custody will be awarded to you. But irrespective of the custody decision, you are entitled to visitation rights, and the mother must comply with them.

      in reply to: Wife took child to her home. Need help #24945
      Happyshark11
      Participant
        H
        Happyshark11
        PARTICIPANT
        March 29, 2025 at 1:52 pm
        Send a legal notice to your wife seeking restitution of conjugal rights and/or custody/visitation rights of the child. If your wife refuses to return or denies visitation, you may proceed to file a case in family court.

        The mother is generally given custody of a child below five years, unless it is proved that that staying with the mother is detrimental to the welfare of the child. However, this does not take away the father’s right to be involved in the child’s life. If custody remains with the mother, you can still seek legally enforceable visitation rights, which she will be required to comply with.

        in reply to: Seeking Advice on Consumer Complaint Against Travel Agent #25078
        Happyshark11
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          H
          Happyshark11
          PARTICIPANT
          March 29, 2025 at 10:50 am
          Consumer helpline and consumer complaint are two distinct concepts. The consumer helpline primarily serves to assist and guide consumers by providing information about their rights and the grievance redressal process. It does not have the authority to resolve disputes or issue legal orders. On the other hand, consumer complaints are formal grievances filed before consumer courts seeking legal remedies.

          Regarding the e-Daakhil website, it is no longer operational and has been integrated into the e-Jagriti platform. Consumers can now file and track complaints online through these website. If you have already filed a complaint on the e-Daakhil website and it is pending before a consumer court, there is no cause for concern as the case will proceed as usual. However, if your complaint has not been formally filed, it is advisable to file it immediately.

          Whether or not to settle the matter is entirely your decision. However, if you choose to settle, ensure that you have a proper settlement agreement in place.

          in reply to: Seeking Advice on Consumer Complaint Against Travel Agent #25075
          Happyshark11
          Participant
            H
            Happyshark11
            PARTICIPANT
            March 29, 2025 at 10:20 am
            The Consumer Helpline only facilitates amicable resolution between the parties and does not take any legal action. To pursue the matter legally, you will need to file a consumer complaint against the travel agent.

            You may execute a power of attorney authorizing someone to sign and act on your behalf in the case. Your advocate and authorized representative can handle the proceedings without requiring your physical presence.

            Happyshark11
            Participant
              H
              Happyshark11
              PARTICIPANT
              March 29, 2025 at 7:25 am
              File a complaint in RERA against the builder and pray for immediate execution of Sale Deed and transfer of possession of the property, as you have already made full payment of the amount.

              in reply to: Do I need legal services? #25439
              Happyshark11
              Participant
                H
                Happyshark11
                PARTICIPANT
                March 29, 2025 at 7:21 am
                You are free to develop any app as long as it does not infringe on anyone’s intellectual property rights.

                However, getting the mess or college authorities to adopt and use the app is a separate challenge. Once the mess accepts the app, they may need to obtain specific permissions or approvals from the relevant authorities to enable online payments.

                Additionally, to address privacy and data protection concerns, it is essential to obtain users’ consent before collecting or processing their data.

                in reply to: Question for Lawyers #25427
                Happyshark11
                Participant
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                  Happyshark11
                  PARTICIPANT
                  March 29, 2025 at 7:09 am
                  As per the Income Tax Act, it is not permissible to receive an amount of Rs. 2 lakh or more in cash in relation to a single transaction. Violation of this rule may result in a penalty equal to the amount received in cash.

                  Additionally, receiving large sums of cash can attract scrutiny under the Prevention of Money Laundering Act (PMLA) and other related laws. If the cash is found to be proceeds of crime, it may lead to prosecution under the PMLA, including confiscation of property, arrest and other legal consequences.

                  in reply to: ordered T-shirts from Aero Armour #25841
                  Happyshark11
                  Participant
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                    Happyshark11
                    PARTICIPANT
                    March 28, 2025 at 6:43 pm
                    File a consumer complaint against them.

                    in reply to: Notary date is after the date of agreement #25824
                    Happyshark11
                    Participant
                      H
                      Happyshark11
                      PARTICIPANT
                      March 28, 2025 at 6:42 pm
                      It is generally not an issue if the notary or registration of an agreement takes place after the date mentioned in the agreement.

                      Happyshark11
                      Participant
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                        Happyshark11
                        PARTICIPANT
                        March 28, 2025 at 6:34 pm
                        The CrPC / BNSS do not prescribe a fixed time frame for deciding anticipatory bail applications; however, courts generally try to hear such cases at the earliest possible opportunity.

                        Happyshark11
                        Participant
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                          Happyshark11
                          PARTICIPANT
                          March 28, 2025 at 5:02 pm
                          Godrej or Flipkart can file a case praying for return of the sofa in original condition or to pay the value of the sofa. They would have to file their case in a civil court.

                          Happyshark11
                          Participant
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                            Happyshark11
                            PARTICIPANT
                            March 27, 2025 at 2:03 pm
                            They must have conducted an audit and realized that the amount was refunded but the sofa was not returned.

                            Respond to the Notice stating that it was their responsibility to collect the sofa at the time of or prior to issuing the refund, which they have failed to do to date. Also, express your willingness to return the sofa and invite them to arrange for its collection.

                            If they insist on the return of the sofa in its original condition, you may counter by highlighting that due to their failure to collect the defective product, it has occupied space in your home for over a year now, causing significant inconvenience, and that you should be compensated for the same.

                            Attempt to resolve the issue amicably, but if they initiate legal action, you can counter it by filing a consumer complaint against them.

                            Happyshark11
                            Participant
                              H
                              Happyshark11
                              PARTICIPANT
                              March 25, 2025 at 1:51 pm
                              Send them a legal notice and file consumer complaint.

                              in reply to: I was poisoned by my neighbours. #27743
                              Happyshark11
                              Participant
                                H
                                Happyshark11
                                PARTICIPANT
                                March 25, 2025 at 1:37 pm
                                This may not be deliberate poisoning, but contaminating a ground water source with kerosene and waste is still a serious environmental and health hazard. Given the seriousness of the situation, your first priority should be to gather concrete evidence to support your case. Take clear photographs and videos of the contaminated well, the garbage, and any traces of kerosene in the water. If possible, get a water sample tested at a government lab to confirm contamination.

                                Since the local police have failed to act, file a written complaint with the SP / DCP, detailing the incident along with supporting evidence. If the police continue ignoring you, take it to court by filing a private complaint before the Magistrate, requesting an order for the police to investigate. Consider reporting the issue to State Pollution Control Board as contaminating water sources is a punishable offence. Also, consider reaching out to local media or NGOs or post on social media—public pressure can force authorities to act.

                                For your safety, you can install CCTV cameras to monitor any suspicious activity. In the meantime, use alternative sources for water for drinking & household purposes.

                                Happyshark11
                                Participant
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                                  Happyshark11
                                  PARTICIPANT
                                  March 25, 2025 at 11:49 am
                                  1. Face Value – Lawyers who charge high fees have typically proven themselves in court and earned respect from litigants, fellow lawyers, and judges. Many senior advocates are not only more experienced but may also be a senior in the profession who the judges know personally from their younger days. Their extensive knowledge and credibility often make judges more inclined to accept their arguments.

                                  2. Experience – A senior advocate possesses significantly more experience and legal acumen than an average lawyer. Even the most expensive lawyer once started at the bottom and worked their way up, handling a wide range of cases and strategies. This exposure enables them to quickly assess the opposing side’s approach and devise effective counterstrategies. With a more expensive lawyer, you are more likely to take proactive measures rather than being on the defensive.

                                  3. Trust Factor – A major concern by litigants is that their lawyers may be compromised by the opposing side and end up screwing their case. Senior advocates, who charge higher fees, have their reputation at stake, making such compromises highly unlikely.

                                  That said, a higher fee does not automatically mean a better advocate for your case. Like a civil law expert may not be suited for a criminal case. Choosing the right lawyer for your case requires due diligence. Additionally, high-profile lawyers often have demanding schedules, which may limit the attention they can devote to your case compared to a mid or low level advocate.

                                Viewing 15 posts - 61 through 75 (of 433 total)