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Sudhanshu Dixit (8 Years Exp)
HC - Public Interest litigation (Show More)
View Answers by this Lawyer (40)
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Contact Details
Law Firm Name : Sudhanshu Dixit
Country : India
City : Indore
Area : Indore Tillaknagar
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Practicing Since : 2016
Qualification : LL.B. , LL.M., DCL, CS(FINAL)
About
| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| 437/2016 | Madhya Pradesh | HIGH COURT, INDORE AND DISTRICT COURT, INDORE |
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Subject : Court fees cost in N. I case
Question : What is the structure of court fee to be filed with cheque bounce case
Answer by Sudhanshu Dixit : The structure of court fee to be filed with cheque bounce case will depend upon the amount of cheque bounced.
Subject : can i send a correction notice in a cheque bounce case after the expiry of 30 days
Question : can i send a correction notice after the expiry 30 days statutory period
Answer by Sudhanshu Dixit : Hello,
The respective correction can be incorporated depending upon the steps taken after the service/return of notice.
Thus advised to please disclose the complete facts and after we can move further.
thanks.
Subject : mentally tortured by employer
Question : Working for insurance company ...in this situation like kovid 19 , lockdown is continue in all over India . company is strictly advice to not to go out and stay home but other side SR. Management including MD CEO is putting pressure indirectly to employee to get the production and giving mentally tortured with help of HR.getting threatened to hold salary, termination of job. Is there any solution to get rid of all this kind of nonsense which bus getting affected thousand of employee.
Answer by Sudhanshu Dixit : Hi,
It is unfortunate to hear this but clear directives and directions, notifications already issued by the Govt. of India in these matters and such wrong actions are neither permissible nor allowable.
Thus advised to not to afraid from such situations rather have word with your management and make them aware about respective govt. directives.
Thanks.
Subject : biometric attendance
Question : Sir i am working as deputy executive engineer in govt of andhra pradesh ,recently my higher officer surronderd my Services to next office for the shake of not done biometric attendance ,but am purly field officer is biometric attendance mamdatary pl post any judgements in this regard
Answer by Sudhanshu Dixit : Hi,
Such situation and mandates depends upon your consent which you given to the respective post and dept. while joining , however there are always guidelines by way of which such mandate and directives can be relaxed to respective profiles.
Thus advised to kindly refer your Govt. guidelines and directives for relaxations.
Thanks.
Subject : Nsqf vocational trainer in delhi govt schools appointed by companies not get any revision sice last 5 years . Neither get salary on time and now contract terminated on 31/03/20 What to do and which provision of law can help???
Question : Nsqf vocational traine appointed in delhi government school under central scheme of vocationalisation of education..they never get salary on time, their salary not revised since last five years, all are masters and have experience of industries and get salary of 17900 in cash, not terminated their contract on 31 march 2020..they given their peak carreer time ..What to do
Answer by Sudhanshu Dixit : Hi,
Going through your description, it is advised to kindly refer to the guidelines of the respective dept. regarding the issued your raised before me, since each govt. dept have clear guidelines upon such matters and i'm sure, you will find way of your problems.
Rest I'm here for your further assistance.
Thanks.
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by Sudhanshu Dixit : Hi,
Ya surely it can be challenged but need to refer the same before challenging .
thanks.
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 Sudhanshu Dixit : yes
Subject : questionWhy do some groups require special human rights?
Question : questionWhy do some groups require special human rights?
Answer by Sudhanshu Dixit : hi,
Since our constitution designed in such way which allows/grants them special rights.
Subject : Appeal in Supreme Court
Question : I had filed a medical negligence case in NCDRC, first complaint (CC) In NCDRC in 2016. Which was decided and the judgment was pronounced in November 2019, which was received by me in last week of December 2019. Against that judgment I had filed a Review Application in NCDRC in the month of January which was decided and judgment was pronounced and I received the judgment copy on 29th February. Now I want to know how I can appeal in Supreme Court? Whether I have to file a Civil Appeal in Supreme Court or I have to file a SLP in Supreme Court? If I want to file a Civil Appeal then I have to file the Civil Appeal against the NCDRC main judgment or I have to file the Civil Appeal against the NCDRC Review Application judgment? What is the limitation period to file an appeal in Supreme Court under Civil Appeal? What is the Limitation period to file an appeal in Supreme Court under SLP
Answer by Sudhanshu Dixit : Hi,
Now I want to know how I can appeal in Supreme Court - it can be challenged before the Apex Court.
Whether I have to file a Civil Appeal in Supreme Court or I have to file a SLP in Supreme Court - Need to refer the judgement.
If I want to file a Civil Appeal then I have to file the Civil Appeal against the NCDRC main judgment or I have to file the Civil Appeal against the NCDRC Review Application judgment? - - Need to refer the prev. judgement.
What is the limitation period to file an appeal in Supreme Court under Civil Appeal? - 30/60 days depends upon the receipt of judgement, however delay may be condoned.
What is the Limitation period to file an appeal in Supreme Court under SLP - 30/60 days depends upon the receipt of judgement, however delay may be condoned.
Subject : Medical Negligence case
Question : I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC. Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter? Please guide.
Answer by Sudhanshu Dixit : Hi,
We need to consider the complete circumstances (including the new situation and facts) and then fresh matter can be filed before the Hon'ble Court.
Thanks.
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 Sudhanshu Dixit : Hi,
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. - yes but grounds will be for pronouncement of judgement which is awaited.
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?? - Yes, it is very much major and legitimate ground for filing SLP/Writ before the apex Court.
Thanks.
Subject : if any person is tenent of one shop and lAND lORD has no lease deed or other proof
Question : what remeady is availbel agaist tenent
Answer by Sudhanshu Dixit : Hi,
Complaints can be filed as well as suo-moto case can also be initiated against such tenant.
Thanks.
Subject : Draft of legal notice to the builder for damage of flat
Question : A flat was purchased from a builder Whe n handed over leakage prioblem. And now the buider is not able to rectify the problem and is not givig the possession of the flat
Answer by Sudhanshu Dixit : Hi,
Complaint can be filed before the RERA and respective Court for damages and compensation.
Thanks.
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 Sudhanshu Dixit : Yes it is possible to seek justice by both ways by suit as well as by filing quasi criminal matter also against the drawer i.e. Y.
for more help 9993745257
Subject : A pending suit to decide weather person will be eligible for pension
Question : During the pendancy if a suit an SBI employee and after retirement in 2 years the employee died ( the suit is still continuing ) After some years the suit got decided and the allegations on the person was removed and the person was reinstated in service and was given a normal retirement. What are some of the case laws on this situation? And iss the employee still eligible for commutation of pension or not ?
Answer by Sudhanshu Dixit : some case laws were decided upon this law point.
Yes he is eligible. Rest depends upon the t&c.
Subject : Can I file a case if some one has captured my house for more than 50 years
Question : My grandpa sold a plot and died we are not sure it was sold or not because that man purchased another plots in the same sheet 243 which was 1266 and doubt is on 1267 plot issue is that after 1267 there was few portion of 1265 which he also merged with 1267 and constructed 1st floor building on 1267 and left portion of 1265 we have papers of left portion of 1265 which he has illegally captured and never revealed the secret can I file a case after 50 years of grandfathers death.
Answer by Sudhanshu Dixit : Yes it is possible subject to the documentation and title deeds and today ground situation.
Subject : Can I file a case if some one has captured my house for more than 20 years
Question : My grandpa sold one house and died but the party captured another house and merged it together we were not aware of that so can I file a case for more than 20 years
Answer by Sudhanshu Dixit : Yes, it is possible.
Subject : Can NI 138 and IPC 420 be filed together?
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Answer by Sudhanshu Dixit : Yes, parallel matter can be filed and run together, however it is advisable be with 138 matter mostly then Sec. 420 .
But for tactical view and considering the rest 14 persons situation, it can be done.
Subject : Can I file a case if some one has captured my house for more than 50 years
Question : My grandpa sold a plot and died we are not sure it was sold or not because that man purchased another plots in the same sheet 243 which was 1266 and doubt is on 1267 plot issue is that after 1267 there was few portion of 1265 which he also merged with 1267 and constructed 1st floor building on 1267 and left portion of 1265 we have papers of left portion of 1265 which he has illegally captured and never revealed the secret can I file a case after 50 years of grandfathers death.
Answer by Sudhanshu Dixit : Considering the description and situation, chances are very very rare(to be honest) although its your right thus you should at least fight and start your moves.
Subject : valuation of property
Question : Is Circle rate to be considered the market rate of property ?
Answer by Sudhanshu Dixit : in market market value considered and in normal terms also we consider the marker value neither circle rate.
Therefore, MV will be considered them CR.
Subject : Family settlement
Question : Mother dies after signing unregistered MoU of family settlement among her adult living children. Question is does the MoU in question have any legal binding on signatories of the MoU?
Answer by Sudhanshu Dixit : Yes, MoU have legal binding and obligations upon the parties to MOU however referring the same will provide more insides and details throug which we may proceed further.
Subject : legal binding document
Question : Does a unregistered MoU of . Family settlement in respect to undivided property,requires registration to be called a binding legal document among the signatories?
Answer by Sudhanshu Dixit : Yes definitely. for making it binding upon the signatories, the MOU must be registered.
Subject : A property comes under waqf was given to a family on lease for 99 years before 60 years ago
Question : A property comes under waqf was given to a family on lease for 99 years before 60 years ago and that contains religious mazars and now I want to break the lease so that I can use it for public welfare and to give that place to poor family on their daughters marriage can I break the lease if waqf makes me a care taker.
Answer by Sudhanshu Dixit : Breaking the ongoing lease deed depends upon various factors including what contains in deed.
However property of which you are not the owner can't be handed over to another person but as it is not clear here , who is actual title holder, thus for better insight need complete details.
Subject : registration act
Question : What does the registration act say about unregistered documents?
Answer by Sudhanshu Dixit : that doc. which are not registered will not be binding and remains non-enforceable in nature.
Subject : does a file inspection umder public authority requires third party consent'if yes or no under which section of the RTI ACT?
Question : Under which section of RTI file inspection does not require third party consent?
Answer by Sudhanshu Dixit : no consent needed of third party.
Subject : document registration fee.
Question : On what basis is registration fee charged in respect to family settlement document?
Answer by Sudhanshu Dixit : Depends, as per State and as per specific requirements.
Subject : PIO non cooperating
Question : I had filed RTI But the PIO replied armed with a copy of objection from the third party.Now can I ask for file inspection under the present circumstances.Question is will the PIO refer to my earlier application sighting third party objection or file inspection would be granted?
Answer by Sudhanshu Dixit : That may depends upon your mutual agreement, however it is not possible and thus you may file appeal for further directions.
Subject : RTI appellant apeal
Question : My apeal to first appellant authority was reject with PIO reply as information can not be given because of third paty objection .i do not want to go for second appeal.question is can I ask for file inspection.wii it call for third party permission?
Answer by Sudhanshu Dixit : Certainly, 1st appeal rejected on same grounds. Certainly nature of information is something which is not permitted to be obtained, thus disclose the nature and details.
Subject : Approved sanctioed map of individual house
Question : Does sanctioned map of house constitute Public authority document or it considered as personal information as per RTI ACT IF so under which section of the act/
Answer by Sudhanshu Dixit : It is a public documents as per PA and also be considered under evidence act.
Subject : Cash payment
Question : As per law above ?20000 cash dealing is not permitted .then why how hospitals take payment. I'm cash.in thousands & lakhs?
Answer by Sudhanshu Dixit : Certainly however it all depends between mutual agreement of parties i.e. how much, what route, quantum etc. considered before doing such transactions and all related to tax payment aspects also.
Subject : Court fees for filing NI 138 In Gurgaon
Question : Can you kindly clarify whether there is a court fee applicable in Gurgaon for filing Section 138 NI for cheque bounce
Answer by Sudhanshu Dixit : Yes, there is also the amount of cheque will be considered from the expenses point of view..
Subject : is a contract necessary for arbitration
Question : is a contract necessary for arbitration
Answer by Sudhanshu Dixit : yes but also subject to the mutual agreement and discussions.
Subject : File inspection
Question : During file inspection is photography & vedeography permitted .if yes under which RTI ACT or CIC Decision.please mention.
Answer by Sudhanshu Dixit : sorry, better advised to apply for certified copy of same documents.
Subject : Can I ask a land back from aryasamaj donated by my grandfather due to my poor condition
Question : My grand pa gave his land to aryasamj to run school with him so many people donated but now committee is misusing it and not using the money for public welfare they distribute among themselves my condition is poor and that land was not my late grandpa's earned property he got from ancestors can get help from court to get it back.
Answer by Sudhanshu Dixit : its quite cumbersome, hectic and time consuming but yes there are chances of same.
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 Sudhanshu Dixit : sorry, no.
Subject : If a landlord is forcing me pay full rent during covid Pandemic
Question : if I have come to my home town and have not being staying in my rented apartment from past 3 months and my landlord is forcing me to pay rent or vacate the house can I take any legal action?
Answer by Sudhanshu Dixit : Yes, legal actions can be taken.
