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Ordered an adult toy for someone who has been single since a long time. The object depicts an artificial female private part. Facts of the case: 1. At time of ordering, I did not know the law around purchase and import of adult toys. Although I was ordering for a friend, I was smart to misspell my first name. 2. The item has been held by customs today so I am expecting a show cause notice. But, yesterday itself, I submitted cancellation request to the seller in writing on their website and took screenshots. Both, of the tracking on India Post and the website showing my cancelling request in writing. 3. I no longer want the item after the law is clear. Don’t want a person hearing. Ready to pay the fine and let go of the item. Please share a draft reply to such an SCN. It will help a lot of people around the Internet.
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A. As the order is shipped and at the customs warehouse you will receive a show cause notice in this regard. Please visit to the customs office and pay the penalty and request the article to be destroyed as ordered due to lack of legal knowledge.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Venkateswara Rao

Posted 6 months ago

I have taken loans against cheques and promissory notes from different persons if they file cheque bounce cases in different honble courts then what would the consequences whether all the cases will be prosecuted in one court and would be the judgment comes please
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A. cheque return is punishable to term of upto two years and penalty of twice the amount and the cheque amount. you need to pay 50% of the cheque amount to respond the notice in this case as per the latest amendment in NI Act.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Anonymous

Posted 9 months ago

i have filled domestic violence case against husband and in-laws and send notice under ipc dhara 406. in reply they send notice that i theft and left home with all jwelry / cash and girl child and asked to come back with all belongings and child within 15 days otherwise they file a case aginst me. our financial position is not good and can not afford legal expenses any more. i just want to get rid from those narrow minded peoples and thier horrible house and save me and my girl future. pls help now what i should do ?
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A. first of all you need to file a maintenance petition under section 125 of CrPC for self and daughter. You have not maintained that how old is your daughter because children below 5 years of age will always be in custody of mother. If the grace period of 6 months have been passed you may file divorce, maintenance and custody petitions. You may pray to the court for legal assistance, I am based in Lucknow If you are from Lucknow then I can help you without fee.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Abhishek Pandey

Posted 9 months ago

I am partner in a small partnership firm owning 80% shares with other two partners owning 10% each. While me and other partner ( one of the other two) diligently work to get the best returns for the firm, the other partner has turned rogue and doesn’t contribute and is only interested in his share of profit. He threatens me and has nil contribution to the company for the past 8 years but he has been collecting money from us on the pretext of shutting down partnership firm. What should be the best solution to Get him ( rouge partner ) out of the partnership firm? It is becoming very difficult to talk to him in a cordial manner and our partnership deed doesn’t have arbitration clause nor we have enough funds to pay lawyers’ fees for years. Even the 10% stake/ share to this rouge partner was a kind of incentive/ sweat equity.
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A. You need to register a new partnership firm with a similar name or a different name as per your convenience and arrange the related documents like PAN, GST, Bank accounts in the new firm's name. sell out whole stock to the new firm and wind up old firm. You may complete the legal formalities later when they arrive. Don't pay his share now and tell him that all will be divided when all the legal formalities will complete and the balance will be paid. You may attract some income tax obligations and the same may be handled by an advocate or CA.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Anonymous

Posted 9 months ago

Hello sir/ madam I got married (love marriage) in 2012 when I started doing a job other state soon after within 2 months of time unfortunately my brother was dead because of health issues so we came back home. And she is not comfortable with my home environment so she wanted to join a job I did it for her. She started doing job after few days, holidays and came home still she is uncomfortable with my home and we had some misunderstandings meanwhile. one final day she left me without informing anything ( preplanned, took her all cloths including Marriage certificate, I remember the day still) from job place I started searching for her leter I came to know she cheated on me and left and the whole thing is known to her aunty who is behind this and this thing I came to know on the same day after collecting her call data from the mobile operator so I get frustrated and I never call her after few days I spoke to her aunt like I know everything what she done to me. She is damn cool. I was alone to deal with this and don't know how to face this ( I was 23years old) so I couldn't take any kind of decision properly so I left it as it is and leter I came to know she got married with other guy to whom she is loving. (Yes she is married.) Total time spent with her is hardly 90 days. (It been 6 years we are not together) I even forgot when I have got married to her. She is such a cheater, I hate her. Years passed I got my own way and started building my career. Now what can I do? I want to get marry. I want to live peacefully
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A. you have to file a FIR under section 495, 420 and 406 for the desertion and adultery and cheating and file a divorce petition to take divorce on the ground of adultery, Bigamy, desertion and cruelty. Let the police take its action and court to grant you divorce to remarry.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Lalita Kumari

Posted 9 months ago

Is it possible to get divorce from the spouse who is suffering from unsoundness of mind from last two years?
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A. Yes, You may file a divorce petition citing the non curable mental disorder as a ground of divorce.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Mohammed Arshad

Posted 9 months ago

We are two brother and my cousin are two brother, we have ancestral property from where our cousin are getting rent of around 1 lac pm through constructed residential building but we two brother are getting nothing out of it, my father died 10 yrs ago, both my father and elder father has the share of 50% share in each property, from which rent coming are enjoyed by our cousins, last two year before we have file partition suit in the court but still the case is going on and we two brothers are harassed by every means. last month I went to construct one house in our extended portion of residential property but our cousins stops by every means to construct our house. My question How can we get share of rent from residential building which our two cousins presently enjoying. How long the family partition dispute will take place. How can we construct our house in that extended residential property jointly owned by our fathers, can we know sell our share of property to Third party when our family partition suit is undergoing.
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A. If you have already file a partition suit you may appeal to the High court to get the direction in this regard for speedy decision on the matter and you may also pray to the court that you are being harassed.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow
I filed a case under section 138 in which court declared P.O. to the cheque issuer and police is not registering FIR on the basis of P.O. What the procedure in that scenario.
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A. If police has not registered FIR you may file criminal complaint in the court under section 156(3) and court may order to file FIR and investigate the matter and will submit the report to the court.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Lalita Kumari

Posted 9 months ago

I am in a relationship with a person who is married and his wife is suffering from unsoundness of mind from last two years due to brain hamarage. Doctor has said that there is no further chance of improvement. We both want to marry. How can we proceed for that. Can we both start a live in relation. He is a government employee and we don't won't to do anything which will trouble the job. Please guide me what should we do to process for marriage
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A. Live in relation is possible between two adults but marriage can only be after the divorce and he has to get proper divorce from the court on the ground of unsound mind and there are no chances for cure. Please remember without divorce he will be punished for bigamy .
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

Anonymous

Posted 9 months ago

I was working as a manager operations for a company. I was heading a state. For a project we need to hire vehicles from a vendor wherein the rates approval was given by corporate . A part of hiring charges was being taken by me from vendor to my account. Corporate has suggested for a vendor whose rates was even more than the vendor I had agreed to locally and with due approval I have started using the services from kical vendor. Now company found that I am taking money from this vendor as a charges and allegating me with charges of financial fraud. Please suggest
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A. First of all the company should file a case of financial fraud on the basis of amounts received in your account. Do they have the copy of your bank statement in support of the claim to file FIR. If FIR is not file the private company may give you notice in this regard and may terminate your service on the reply for the breach of trust and unfair practices. If they go legal you may prove that the amount was taken as loan to repay back due to some urgent financial needs.
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Vimlesh Mishra Exp: 26 Year(s) Lucknow

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