Advocate Deepesh Kr. Sharma

Questions Answered by Advocate Deepesh Kr. Sharma

Q: Is it illegal to play loud music in public, Can playing loud music before 10pm be considered public

Hi, i need your advice, I have a restaurant in Jaipur. Whenever We conduct a party someone reports, please advice me can't I play loud music before 10 pm on my own place? what is legal time to play loud music in india ?

Advocate Deepesh Kr. Sharma answered
The Hon'ble Supreme court in one of its decision defined the time period of the night which was 10 PM to 6 AM. You can lawfully play music for the parties which are organized at your restaurant. However, you have not mentioned that whether your restaurant is situated near any hospital or any educational institution or any court or government building. if that is the case then as per Rajasthan Noises Control Act, 1963 prohibits you to do so. The Rajasthan Noises Control Act, 1963 however observed that night time is from 11 PM to 5 AM, but that has been changed as per Hon'ble Apex Court's decision.One more thing to bear in mind is that if you have an open space restaurant or under the roof in both the circumstances, you have legal right to play music on loud speakers unless it is violating any of the restrictions mentioned in Section 4 of the Rajasthan Noises Control Act, 1963. For further clarification of doubts, you can contact me on my mobile number.

Q: what is the meaning of defect free in high court?

I filled an contempt over a party against ignorance of Judgement of HIGH court So, I Just want to know what is defect free case status means ?

Advocate Deepesh Kr. Sharma answered
'Defect' status means that the contempt petition you have filed have some errors or mistakes, which the registry must have pointed out. The Registry provides 2 weeks time to remove the defects and if that is not done, then your case is listed before Hon'ble Court but the Hon'ble Judge won't listen to the arguments until the defects are removed. Hon'ble Judge will give you 1 or 2 weeks time to remove the defects if that is not done than your petition will be dismissed on the ground of not removing the defects.

Q: How to dismiss a case and stop the trial

i want to dismiss my case and reject the trial please let me know the ways to save my future

Advocate Deepesh Kr. Sharma answered
You have shared no information regarding the case. Wanting is one thing and discussing the case is another thing. Either share proper details to get the opinion or You can contact me for my opinion after I review your case file.

Q: What to do if cheque bounce case is pending

Service supply coriander seed to 1 spices manufacturer company in Kerala he give me post dated cheque but at that check bounce so we file 138 case against this company now he is giving warning to case of bad quality supply this business done on 5 months before give me legal advice I am Rajasthan

Advocate Deepesh Kr. Sharma answered
you have provided half information. How has he communicated to you that the seed quality is bad? What were the payment terms? Anyway, if he has communicated via call, then you can file an affidavit along with your call details that the person is trying to avoid the liability by taking the defense of the quality of seeds. However, it does not affect your Cheque Bounce Case, as you have mentioned that after 5 months of the transaction, he is now claiming that quality is bad.There is always a reasonable time to check the quality, which I believe was either mentioned or discussed between you and the other person during the transaction. for further clarifications, you can contact me.

Q: 482 Quash Petition Complainants consent from overseas for quashing

Dear Sir/Ma'am, We have filed for a 482 HC Quash Petition in Jaipur High Court after a mutual compromise between both the parties for quashing of 498a/406 case undergoing trial. The complainant girl lives overseas and can not come to India at short notice due to her job What are the various ways via which Girl's consent to the quash petition be recorded in the High Court and will also be acceptable & satisfactory for the judge to award the quashing of the case ?

Advocate Deepesh Kr. Sharma answered
First of All, try if the complainant can come down to India not on the immediate next date but on the date after that. If that is not possible then, ask the complainant girl to get one power of attorney made in the name of one of her relative, better if one of her parents, is power of attorney holder. Then, ask her to get it notarised in the nearby Indian Embassy, in the country in which she is residing and then the power of attorney holder will give consent for compromise on her behalf.