KOCHI: I have been in business for 10 years. Due to several reasons I have a debt of more than `25 lakh. Now my business is at a standstill. I wish to pay back the money at the earliest. Though I am in touch with the money lenders it's a problem for me as they don't let me work . Would it be possible to get a stay on these people for a while?
— Palani Vale
You can apply for declaring you as an insolvent. In that event, nobody can file a case against you. There is no other way.
A stay was granted by the Madras High Court against the proceedings at the Labour Court. Supposing, the other side against whom the stay was obtained lose interest in the case because of corrupt practices at the High Court and refrain from attending the proceedings at the High Court, will it absolve the High Court from giving a final verdict stating whether the stay granted was correct or not, and dispose of the case? Is there any timeline for this? Is it not mandatory on the part of the Madras High Court which stayed the proceedings to pass final orders in the matter?
— S Madhavan
Ask your lawyer to file a petition for dismissing the stay petition. Then the matter will be listed. At that time, either you can ask for dismissal of the stay petition or hear the main case at once.
In the recent Lok Sabha elections, thousands of names of electorates who voted in the 2016 Assembly elections have been removed and they were denied voting. It is alleged that more than 40,000 names, particularly of those belonging to the fisherman communities have been purposely removed in the Kanyakumari constituency as they were expected to vote against the BJP candidate.
We learn that actors like Sivakarthikeyan and Srikanth whose names were not found in the voters' list were allowed to vote on demand. In that case, why were the fishermen denied voting despite them producing Election ID and Aadhar card? Why this disparity? Can the 40,000 voters demand postponement of the counting of votes until they all are allowed to vote? What is the legal remedy for those genuine voters? Who is responsible for this willful fraud and what is the punishment for it?
— Tharcius S Fernando
While some people are stating that it was a mass deletion, the ECI has been given a report by the State Election Officer that only 10,000 votes were removed in the last January verification. Since no one objected, the electoral rolls were corrected. It is only the ECI which can decide the issue.
We would like to seek a general clarification regarding quantum of punishment for a crime committed. The two scenarios are — An adult commits a crime, and being aware of it that it is a crime, wilfully/voluntarily surrenders to the police department, an adult commits a crime and event hough being aware of it that it is a crime does not wilfully/voluntarily surrender to the police, ultimately police arrest him. Is the quantum of punishment in scenario 1 less when compared to scenario 2? If so, in what manner.
— TP Ananthanarayanan
Wilful surrender or enforced arrest has no impact on the final verdict. It may at the maximum can tilt the scale against the accused when he files a bail application.