Can i ask police to help me ? Please HELP Me... Can i ask police to help me ? Please HELP Me...

3 years ago

Can i ask police to help me & ask them to make sure to remove mobile stall which is -
1. In front of my plot's wall & sell products..
2. In front of my shop & sell products..
3. After work hours, which is parked behind my house's wall by neighbours..
4. After work hours, which is parked in front of my house's front wall's 10feet wide street...
Under which section ? & what's the procedure ?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
1. So long as it is outside your property, then their right to livelihood is guaranteed under Article 19(1)(g) of the Constitution, and you cannot stop them.
2. If you can prove that their stall has caused loss to your shop, then you have suffered a legal injury and may file a tort to be compensated or have them removed from the area.
3. If it is not inside your property, then they are free to do as they want.
4. S.201 of the Motor vehicles Act 1988 provides a punishment for anyone obstructing the free flow of traffic.
If the mobile stalls are operating within the limits of your property or causing detriment to the locality, then you can either file a suit for trespass under S.441 IPC or nuisance under S.268 IPC.
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Anik

Responded 3 years ago

View All Answers
A.Hi,
1. So long as it is outside your property, then their right to livelihood is guaranteed under Article 19(1)(g) of the Constitution, and you cannot stop them.
2. If you can prove that their stall has caused loss to your shop, then you have suffered a legal injury and may file a tort to be compensated or have them removed from the area.
3. If it is not inside your property, then they are free to do as they want.
4. S.201 of the Motor vehicles Act 1988 provides a punishment for anyone obstructing the free flow of traffic.
If the mobile stalls are operating within the limits of your property or causing detriment to the locality, then you can either file a suit for trespass under S.441 IPC or nuisance under S.268 IPC.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.road is public property.
a person can put stall and sell items for livelihood.
stall can not be in front of shop entrance.
but can not park in night.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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