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I feed some stray dogs etc . our maid stepped on one of the dogs whom we feed . the dog bit her . the maid tried to extort money from us using the stray dog as a weapon . now , when we refused to give in , she lodged fir u/s 289 ipc against us and got us arrested and the police kept me in lockup whole night , after first assuring me that despite it being a sunday would take me to court and allow me to apply for bail , as that was a bailable offence. in my absence , while i was in lockup , it conspired with the maid and called people who were against me , and harassed my wife.

A. Dear Sir, You may approach the High Court and first get quash the said case and then you can take action against all the concerned.

Hi, Need your advise on how to take legal help on neighbour. He is feeding the Stray dogs within the common area and creating inconveniences. We used some small pebbles to push away the dogs from common area. He is threatening us legal action against us. Common area is the only way to apartment and he is using this as advantage to cause all such nuances. Requesting your valuable advice on above mentioned situation.

A. Dear Sir, How to File a Harassment Complaint Against a Neighbour Is Calling Police an Option? Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors. Harassment Through Nuisance You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act. Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood. A common nuisance is not excused on the ground that it causes some convenience or advantage. If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate. Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more. As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools. Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com. Harassment Through Mischief When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under – Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file suit for declaration and mandatory injunction in a civil court as well. You can claim damages in the same suit. THE KARNATAKA POLICE ACT, (similar State Police Act also existing in each State) 92. Punishment of certain street offences and nuisance.—(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,— (a) without lawful excuse drives along, or keeps standing in, any street a vehicle of any description or drags or pushes in any street, a vehicle of any description other than a bicycle at any time between half an hour after sunset and one hour before sunrise without a sufficient light or lights; (b) without reasonable cause, drives, drags, or pushes any vehicle otherwise than on the near or left side of the road or passes any vehicle except on the right side of it and at any speed higher than what may be prescribed by notification by Government; (c) leaves in any street insufficiently tended or secured any animal or vehicle; (d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority; (e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public; (f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time; (ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate; (g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon; (h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; (i) uses or operates at any place any apparatus for amplifying any musical or other sound, such as a megaphone or loudspeaker, any time between ten o’clock in the night and six o’clock in the morning, whereby any annoyance, disturbance, or discomfort is caused to the inhabitants in the vicinity; (j) obeys a call of nature or permits a child to do so or bathes or washes his person in or near to and within sight of a street or public place (except in some place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by; 52 (k) negligently lets loose any horse or other animal, so as to cause danger, injury, alarm or annoyance to the public, or suffers a ferocious dog to be at large without a muzzle, or sets on or urges a dog or other animal to attack, worry or put in fear any person or animal; (l) bathes or washes in or by the side of a public well, tank, or reservoir, not set apart for such purpose by order of a competent authority or in or by the side of any pond, pool aqueduct, part of a river, stream, nalla or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority; (m) defiles or causes to be defiled, the water in any public well, tank, reservoir, pond, pool, aqueduct or a part of a river, stream, nalla or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority; (n) obstructs or incommodes a person bathing at a place set apart for that purpose as aforesaid, by wilful intrusion or by using such place for any purpose for which it is not so set apart; (o) wilfully and indecently exposes his person, uses indecent language or behaves indecently or riotously or in a disorderly manner in a street or place of public resort, or in any public office; (p) is drunk and incapable of taking care of himself in a street or place of public resort; (q) wilfully pushes, presses, hustles or obstructs any passenger in a street, or disturbs the public peace or order, by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle, or otherwise; (r) uses in any street any threatening, abusive or insulting words or behaviour or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned; (s) begs importunately for alms, or exposes or exhibits, with the object of exacting charity, any deformity or disease or any offensive sore or wound in or near to and within sight of any street; (t) throws or lays down any dirt, filth, rubbish or any stones or building materials in any street, or causes any offensive matter to run from any house, factory, dung-heap or the like into any street (u) neglects to fence in or duly to protect any well, tank, or other dangerous place or structure; (v) without the consent of the owner or occupier, affixes or causes to be affixed any bill, notice or other paper upon any building, wall or fence, or writes upon or defaces or marks any such building, wall or fence; (w) without the consent of the Government or the public authority concerned, affixes or causes to be affixed any bill, notice or other paper upon any lamp-post, tree, letter-box, transformer, street or any other property belonging to Government or any public authority, or writes upon or defaces or marks or causes to be written upon or defaced or marked, any such lamp-post, tree, letter-box, transformer, street or other property; (x) spits or throws any dust, ashes, refuse or rubbish in or near to any street, public place or place of public resort so as to cause annoyance to any passerby; (y) 1 [xxx]1 or spits in any court, police station, public office or building occupied by Government or any public body, in contravention of a notice by a competent authority in charge of such place and affixed to such court, station, office or building, 53 1. Omitted by Act 2 of 2003 w.e.f ….. shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code. 1 [(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,— (i) to such local area as may be specified in such notification; or (ii) to such local area for such period as may be specified in such notification. (b) The State Government may at any time rescind any notification issued under subclause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area Punishment for cruelty to animals.—Whoever cruelly beats, goads, overworks, illtreats, or tortures or causes or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured any animal shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees, or with both. 94. Punishment for willful trespass.—(1) Whoever without satisfactory excuse willfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or appropriated to public purposes, or on any vehicle or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees. (2) Any Police Officer may, on the information of any person in possession or in charge of any dwelling house, premises, or land or ground attached thereto, or of any ground, building, monument or structure belonging to Government, arrest without a warrant any person alleged to have committed therein or thereon any offence punishable under sub-section (1) of this section.

A stray dog ran into my brother in laws car in a society where he went to receive his son from day care. He got down to check on the dog, which had taken cover under a tree. The dog was breathing and was alive. My brother un law called a friend who stays in tge same soceity and has a dog to for help, but the friend was not home. On my brother in laws request the friend assured him tgat wen he comes back in an hr he will take the dog to the vet. As my brother in law qas with his son, he went back home, the same evening he received a call from a lady who enquired about wat had happened, my brother in law explained qbout the accident and said that he was waiting for his friend ti take the dog to the vet. The lady said good as long as ur taking the dog to the the vet. In an hrs time the lady msged back saying im taking the dog to my house and now this is hit and run case. My brother in laws friend called him wen he reached the soc that the dog was not under the tree. To which my brother in law told him that the lady had taken the dog home. My brother in laws friend told him anyways thd vet wont bd open now lets take the dog to tge vet in the morning. next morning the lady msg my brother in law congratulations the dog is dead and then goes to the police station to fole a complain. The police called my brother in law and understood the whole situation, thr lady left tgd police station sayinh she will di tgd post mortem of thr dog. When my brother in law asked the police wat he should do next the police said dont worry she cant do the postmortem with a letter from the police. The same evening my brother in law called the police to enquire the police said the lady has not come at all. The watchman of the soc mentioned to my brother in laws friend that thd lady had laid the dog to rest. We thought the matter was over, until a call yesterday from the police saying that the lady has brought a postmortem report. Kindly guide us wat are next step should be as i dont think we will get a copy of postmortem report. Can the lady file the case against by brother in law? Wat is the law on accidental death of stray dog?

A. nothing to worry, nothing will happen at all, the dog died while in custody of women,

Dear Sir, I am having a per of Age 6 years and it is with me in the apartment from the last 5 years. Now the some of the falt owners are objecting to keep the pets in the Apartment. Can we fight for this issue plesae hlep us

A. Dear Sir, Unless there is bar to maintain pets in your sale deed you cannot be asked like that. Please call me and take legal consultancy on my mobile through the administrators of this website.

Red ear slider turtle India me as a pet legal hai ya illegal ?

A. The same is illegal. Thanks

I feed stray dogs in my society. I have also got a letter from PETA that feeding stray dogs is absolutely legal and government of India encourages dog feeding. PETA sent same letter to my society committee also. Still some society residents and committee members harass me on regular basis and threaten me to throw out of society ,(as I am a tenant)if I don't stop feeding. They clicked and shooted my photos and videos without my consent while feeding the dogs. They also put up fake banners in society stating that as per PETA this is not dog feeding areas.PETA also warned society to take down those banners immediately as it was not designated by PETA. What action I can take against this constant harassment? Please guide.

A. file an application u/s 144(2) CrPC before SDEM and get appropriate ex parte order.restraining the society residents from harassing you and/or obstructing you from feeding stray dogs.

I have a pet dog for last 5 years. Now i got a notice that you can not keep a dog in government allotted quarter. If you keep a dog after this then you have to empty the house. But both are impossible for me. What should i do?? Please suggest me.

A. Dear Client, Please have a look The Animal Welfare Board of India as part of the Ministry of Environments and Forests, Government of India has issued an updated circular clearly listing bylaws on all pet dogs and street dogs in the country. The latest circular comes into immediate effect bypassing the older circular issued by the same agency on February 1, 2014. The circular offers clarity and insight on detailed answers on various recurring questions regarding the various aspects of laws concerning pet and street dogs. Common Floor presents you the summary of the significant points mentioned in the latest circular are as follows.... For details you can get in touch either with me or the Ministry. Shanti Ranjan Behera, Advocate

i stay at kandivali charkop. my building is under redevelopment. so i stay on rent basis. I feed stray dogs everyday. the propleand owner of my flat says if u feed dogs we will not allow to stay in this society. they literally harass me. please give me advice sir.

A. Dear client kindly settle your issues amicably if society is registered and they are having rules and ethics.

I have a pet elephant who was being carried by the caretaker(Mahaut). The elephant was high on hormones and it killed a person in a village. Please suggest the leagal action which can be taken against us by the victims family.

A. Legal heirs can sue you for criminal action. regards rajeev

I was trapped in the fake wild life case where i defend the same and after the trail of approx. 5 years i get aquitted from Hon'ble court in January 2018 due to the change of statements in the witnesses in pre and post charge time and also we challenge the address, which complainant could not prove. Q Please confirm the maximum duration for which the complainant could able to approach the Sessions or Higher Courts against acquittal order. Q Is it easy to them for challenge the acquittal orders?

A. Sir, If the case gets acquittal no need for fear.