icon Which is the best crpc against 107 crpc?

Which is the best crpc against 107 crpc? Money given to cheatfund agent when we are asking he lodged 107 crpc. How I counter? Thanks in advance..


A. Hai,
Under Section 107 of Cr.PC, here must be (1) receipt of information by the Magistrate (2) such information must be that a person is likely to commit breach of the peace or disturb the public tranquillity and (3) on such information the Magistrate must be able to form an opinion that there are sufficient grounds for proceeding. However when such contention arises you can counter the same. The breach of the peace must be imminent to justify action under S.107. The information about the past ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Construction over HUF property

I am the karta of an HUF. I want to construct a building on a land which is owned by HUF. Through this land there will be earning of rental income. Is it possible to have individual right over the con


A. Hai,
The Karta is the manager of HUF and have wide powers by way of controlling the affairs of the HUF. The Karta enjoys his position in the HUF by operation of law without any agreement and consent of other members of HUF. He stands in a fiduciary relationship with other members, but he is not accountable to anyone. Therefore you can construct a building in the land of HUF. If you find this helpful, please rate us.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Q. agricultural land my grandfather was 3 brother say A - elder brother, B- My grandfather, C- younger brother brother "C" is missing from 50 years and there is no update on him brother A has 4 childr


A. You can approach the Court directly.

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Latest Response 3 years ago
Adv. Sarika  Khude

Adv. Sarika Khude

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Swapan  Mukherjee

Swapan Mukherjee

icon Public nuisance by letting household water in public

My neighbour is doing nuisance .my neighbour house is opposite of ours. My neighbour has let thier bathroom water on our road path. Moreover they have encroached the public road and also doing nuisanc


A. Hi,
You can get the court to pass an injunction order thereby preventing your neighbour's activities. They can also be punished by the local development authority for creating a public health hazard. you will have to complain about the same.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon threatening neighbour for me and my family

Sir, I given complaint to my area Police station against my neighbours they threatening me and my family The police didn't take any action against them even I gave some proofs in mobile phone and go


A. Dear client,
As you have already approached to police for taking action against ur neighbor with all supporting proofs but did not work. Now you have option to file a Complaint petition in the court of CJM or as defined in ur jurisdiction consulting local advocate of ur area with entire proof . Court will certainly take cognizance against neighbour.
No need to worry have paitence.
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Latest Response 3 years ago
Sanjay Kumar Jha

Sanjay Kumar Jha

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Sidhaarth  S

Sidhaarth S

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Frivilous Title Suit filed

My father died intestate in 2020. during his lifetime he purchased several self acquired properties in his name, wifes name in total there are now 5 class 1 heirs remaining - mother and 4 sons .... n


A. Your understanding is correct. Property in name of your mother is counted her property only and it is only father's property which is liable to be divided. If property is benami then it does not confer any right in favour of any legal heir of father. Benami property is illegal and being benami it does not be counted as self acquired property of your father so is not liable to be inherited or be divided rather in case of such property the same vest with govt only.

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Rishikesh  Gherade

Rishikesh Gherade

Rishikesh  Gherade

Rishikesh Gherade

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon special leave pettion for admission in suprecourt

no judgement of special leave petion - file date 26/4/2019


A. Hai,
You have posted a vague query. Please provide us with more information to help you with the issue. However, Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any jud ...ReadMore

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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon False FIR

I made a complaint on 181 for incomplete CC road and its drainage waste on which neighbor's were doing potty. So we had heated arguments and by seeing it worst I dial 100. Before cop came the neighbor


A. Hai,
An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous. Section 482 of Cr.PC enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet. Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. If any person has been imp ...ReadMore

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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Quashing of 498A Acquittal case

Hello, Need some advice that are there any possibilities of quashing the acquittal case. As, I had one 498A case and my visa got rejected due to PS report mentioning about it. hence seeking some advic


A. Hi,
False cases can be quashed by the High Court under S.482 CrPC. If you have been acquitted, it should not have any negative effect on your record. You can apply to the Court to expunge them.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Mradul  Bhatnagar

Mradul Bhatnagar

icon Savings Bank account of SBI regarding

Is there any law that the nominee of the account is the only owner of the amount after deceased of the account holder? Legal heir of the account holder is any right over that or not?


A. Hi,
The nominee would be the sole beneficiary. The legal heirs would have no right with regard to the amount in the account when a nominee has been mentioned.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal