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Rahul Mishra (11 Years Exp)
Employees Provident Fund Appellate Tribunal (Show More)
View Answers by this Lawyer (11)
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Contact Details
Law Firm Name : Rahul Mishra
Country : India
City : Lucknow
Area : Gomtinagar
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Practicing Since : 2013
Qualification : B.Tech (IT), LL.B.(DU)
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| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| 2718 | UTTAR PRADESH | OUDH BAR ASSOCIATION |
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Subject : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now.
Question : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now. Neither the restaurant nor the food delivery chain has responded my complaint regarding the same. I want to take this to court and get the necessary damages. kindly guide regarding the process for the same.
Answer by Rahul Mishra : a complaint should be filed with the district consumer forum against the company for deficiency of services. engage an advocate and he will file the complaint.
Subject : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now.
Question : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now. Neither the restaurant nor the food delivery chain has responded my complaint regarding the same. I want to take this to court and get the necessary damages. kindly guide regarding the process for the same.
Answer by Rahul Mishra : a complaint should be filed with the district consumer forum against the company for deficiency of services. engage an advocate and he will file the complaint.
Subject : Information about Writ Petition.
Question : Hello Sir, I have filed second time complaint in NCDRC after the discovery of new facts based on fresh and continues cause of action in my medical negligence case. After giving ample evidence from 4 doctors the judges have given judgement that the case is not maintainable the second time and there is no medical negligence in my case. I have filed a Review Application in the above matter and it is over a month but the judgement is not yet pronounced. In the mean while I was thinking whether I can file a Writ Petition in Supreme Court in my medical negligence case as I have not got natural justice from any court in the past 15 years. The NCDRC has held the operating surgeon guilty for not taking consent of the adult patient in my first complaint which was decided by the court in 2014, but the court has overlooked the illegalities of the hospital and other mistakes of the surgeon as not doing pre-operative test, doing incomplete operation, not attending the post operative complications, not doing post-operative test as advised by the visiting doctors etc. because of which my disability is increased and I am not able to earn my livelihood. Under all this points can we file a Writ Petition in Supreme Court??
Answer by Rahul Mishra : You should withdraw the review amd then file an appeal in the supreme court against the decision of the national commission.
Subject : CHEQUE DISHONOURED PRESENTED BY THIRD PARTY
Question : NEGOTIABLE INSTRUMENT. A BANK CHEQUE HAS BEEN ISSUED IN FAVOUR X BY Y (ORIGINAL OWNER OF THE FIRM). IN TURN X ENDORSED THE CHEQUE FOR PAYMENT TO Z. NOW Z IS THE OWNER FOR THE PAYMENT. AT THIS POINT, CHEQUE WAS PRESENTED BY Z AND WHICH WAS DISHONORED DUE TO INSUFFICIENT FUNDS. IS IT POSSIBLE TO SEEK JUSTICE FROM THE COURT THROUGH FILING A SUIT BY Z ON Y (OGINIAL ISSUER OF THE CHEQUE) TO GET PAYMENT ORDERS.
Answer by Rahul Mishra : Yes a legal notice must immediately be sent to the issuer of the cheque and case filed if he does not respond.
Subject : does court notice will tell under what section FIR is registered on us?
Question : does court notice will tell under what section FIR is registered on us?
Answer by Rahul Mishra : Yes a court notice will give details of the offence and the date of your appearance in the court.
Subject : Does petty cases affects the eligibility of government gobs?
Question : Does petty cases affects the eligibility of government jobs?
Answer by Rahul Mishra : Yes they definitely do. If a criminal complaint is pending it may affect your career unless it is withdrawn or quashed.
Subject : During partition of a HUF what are the rights of a women after divorce
Question : if a partition was taking place after 5 years of divorce and the divorced lady was living with her family who is a part of HUF can she also be a part of HUF after her divorce and can she have any rights at the time of partition?
Answer by Rahul Mishra : The woman has a right in her parental property irrespective of whether she is married or divorced.
Subject : May a Person who is chargesheetd file anticipatory bail application.
Question : Case Law of Shashi Tharoor in Sunanda Pushkar sucide case applicable after chargesheet.
Answer by Rahul Mishra : Anticipatory bail application can be filed.
Subject : The Hindu Succession (Amendment) Act, 2005 eligibility of a marries women
Question : According to The Hindu Succession (Amendment) Act, 2005, a woman has the coparcenary right. So I simply want to know whether this eligibility last after the marriage of that woman or not.
Answer by Rahul Mishra : Yes she has a share whether she is married or not.
Subject : The Hindu Succession (Amendment) Act, 2005 eligibility of a marries women
Question : According to The Hindu Succession (Amendment) Act, 2005, a woman has the coparcenary right. So I simply want to know whether this eligibility last after the marriage of that woman or not.
Answer by Rahul Mishra : Yes she has a right.
Subject : If an FIR is registered on me in police station should I take bail compulsory?
Question : If an FIR is registered on me in police station should I take bail compulsory?
Answer by Rahul Mishra : Yes you should apply for an anticipatory bail.
