Advocate Aditya Kumar

Questions Answered by Advocate Aditya Kumar (100+ answers)

Q: Accused u/s 498a IPC be arrested on the day of 498a first hearing

Hi Court has taken cognizance of the 498A case and issued a summon to appear on 12th of June. my fear is when I appear on the date of Summon on 12th of june. Will i be arrested by Police. I am also applying for an anticipatory bail in the mean time. My question is if the bail gets rejected and I appear on the 12th of june. Will i be arrest in 498a ?

Advocate Aditya Kumar answered
Well, your question is hotch-potch, but I have tried to understand. Actually a case u/s498 IPC is pending against you before District court & your Lawyer has filed Anticipatory Bail application before Hon'ble High Court ,on behalf of you ,& during hearing Court issued summon to appear before the Hon'ble High court on 12th June.Most probably informant/Victim of this case will be also summoned to appear on said date before the said court. Actually Hon'ble Court observe & analys various aspects such as Truth of Facts, gravity, way to short out the matter etc. So don't be fearful, on the same day if your Anti.Bail Application will be rejecte you will be not arrested in the court room. But before the court you should appear in pleasent, natural, disciplined way & mentally prepared to respond defend allegations against you, & for this your Lawyer of High Court will be the best friend.Plz consult with him.Thanks,Aditya kumarAdvocate.

Q: Not accepting digilocker documents issued directly by CBSE board.

I have cleared neet exam this year and i am eligible for taking admission in mbbs college but i did not get passing certificate of class 10th from my school.Although i have downloaded from digilocker, but the college is not accepting that document . What should i do in this case , I have already applied for new duplicate certificate in cbse portal but it will take time and i have urgent need .Please help me to save my career .

Advocate Aditya Kumar answered
you submit entire documents as per requirement before the college administration with undertaking or as per demand of an affidavit stating therein you May please take admission provisionally till submission of original documents within a certain time limit.

Q: Section 135 of electricity act, 2003 is bailable or non bailable ?

Is Section 135 of the Electricity Act, 2003 bailable or non-bailable, and is it compoundable or not?

Advocate Aditya Kumar answered
Section 135 of the Electricity Act, 2003 is non-bailable but compoundable, subject to the payment of the FIR-assessed amount. It is advisable to first clear the FIR bill amount and then file a bail petition along with proof of payment to increase the chances of obtaining bail.

Q: Can Police Stop Construction Based on Section 144 Notice in a Land Dispute?

My neighbor has filed a case in the SDM court under Section 144 in case of land dispute to stop the construction of my house, which is adjacent to his land. He claims that we are forcibly constructing on his land, which is not true as we are within our land limits. No court order or notice has been sent to us to stop the construction, only one court attendance occurred yesterday. Local police claim that Section 144 land dispute is imposed on this land, preventing us from constructing anything. Multiple lawyers have informed me that Section 144 in case of land dispute in Hindi states that it can only be imposed in a field or open area, not on a house. We have lived on this land for the past 25 years and were constructing in an area where the neighbor is causing issues. The police are threatening us to stop the construction. I live in Ranchi, Jharkhand. Please clarify: Can police stop construction without stay order based on the court's notice to represent our side under Section 144?

Advocate Aditya Kumar answered
Your understanding of the situation is correct. Section 144 in case of land dispute is generally not applicable to a residential house. However, since you have already appeared in court, you should file a written statement or show cause, mentioning all relevant facts and supporting proofs to get the Section 144 land dispute order revoked. Until then, you may either pause construction or seek explicit court permission to continue. The police are duty-bound to enforce the order, so legal compliance is essential. Please consult your lawyer with all relevant documents for further assistance. Thanks, Aditya Kumar, Advocate.

Q: My brother is trapped in a false sexual abuse case.

My brother is trapped in a false sexual abuse and attemt to rape case. A girl has filed a false complain in police station and also given statement record of 164 in court. My brother has surrendered in court but is not getting bail. What could be the process ahead to get bail, because the advocate is just doing time pass and only taking money, the family of girl is demanding forheavy amount (money) to compermise. Please sir help us.

Advocate Aditya Kumar answered
well,Mr. as you explained your brother has falsely been implicated obviously its very painful. Don't be frustrated you may consult immediately with entire documents or engage a skillful lawyer .To get free legal advice for first consultation you may approach without hesitation.Thanx.