Advocate Kanaklata Singh

Questions Answered by Advocate Kanaklata Singh

Q: Booking Done; BBA Pending: Builder's Signed Clarification not received

We booked an apartment in Prestige City, Ghaziabad and paid 10%. The Builder Buyer Agreement had clauses not aligned with RERA. Clarifications came only via email, not on signed letterhead. The builder then threatened cancellation, leading us to file a RERA complaint. Now they state they will cancel and refund, but since the matter is pending before RERA, can they cancel unilaterally until directions are issued.

Advocate Kanaklata Singh answered
As per the provisions of the Real Estate (Regulation and Development) Act, 2016, once a complaint is pending before the concerned RERA Authority, the builder cannot act unilaterally in a manner that prejudices the rights of the allottee. Any cancellation of allotment during the pendency of proceedings, without directions of the Authority, can be challenged as arbitrary and in violation of RERA. Clauses in the Builder Buyer Agreement that are not in consonance with RERA provisions are not enforceable. Email clarifications without proper authorization also hold weak evidentiary value. You may bring this development on record before RERA and seek appropriate interim relief, including restraint on cancellation. I am a practicing advocate in RERA matters, and such issues are regularly adjudicated in favour of allottees where builders act contrary to the Act.

Q: My neighbour is doing demolition of his house without any safety measures which is affecting my hous

I am also concerned about the safety of each family member. My name is Deep Shikha Singh

Advocate Kanaklata Singh answered
my considered advice is that the safety of every family member must be treated as a priority. You should immediately document all incidents, preserve evidence, and avoid any direct confrontation. If there is any threat to life or property, a police complaint may be lodged without delay. From a property law perspective, it is advisable to verify ownership documents, possession records, and any pending disputes. If required, you may seek appropriate legal remedies such as injunction, police protection, or relief from the competent court to safeguard both the property and the family members’ safety. Consulting a local advocate with all documents will help in taking timely and effective legal action.

Q: Two criminal case pending and pw1 not appear for cross

I have pending two criminal case institute on FIR 1. u/s 354,354d and 506 ipc stage of case : pending for cross examination of PW1 and 2. U/s 65 ,67 of IT Act Stage of case : summon to PW1 .In both case the complainant was same and accused also same . Case 1 : pending for cross examin since 2019 and in ordersheet summon order written . Then what to do on next date

Advocate Kanaklata Singh answered
Since both cases are between the same parties and are pending at the evidence stage, the immediate step on the next date is to comply with the court’s direction reflected in the ordersheet. In Case-1, where cross-examination of PW-1 and PW-2 is pending since 2019 and summons have been ordered, you should ensure that summons are properly issued and served, if witnesses again remain absent, move an application seeking bailable warrants / coercive steps or closure of prosecution evidence on the ground of repeated non-appearance and prolonged delay. You may also press for day-to-day cross-examination and oppose further adjournments by the complainant. In the IT Act case, where PW-1 has been summoned, be ready to proceed with cross-examination on appearance. Considering long pendency, you can file a common application for expeditious trial and also seek appropriate relief under law against abuse of process if delay is attributable to the complainant. Courts generally take a serious view of evidence pending for years without justification.

Q: Family session court se ordersheet kaise nikali jaati hain

Family session court se ordersheet kaise nikali jaati hain.aap nikaal denge.

Advocate Kanaklata Singh answered
Family Sessions Court se ordersheet nikalne ke liye aapko us case ka case number, year aur parties ka naam pata hona chahiye. Aajkal zyada tar courts ki ordersheet e-Courts website par available hoti hai, jahan se aap district aur court select karke case details dal kar ordersheet download kar sakte hain. Agar online available na ho, to aap court record room ya copying section me application dekar certified copy mangwa sakte hain. Iske liye nominal copying fees lagti hai aur 2–7 working days me copy mil jaati hai. Agar aap khud present nahi ho pa rahe, to aap apne advocate ke through bhi ordersheet nikalwa sakte hain. Ordersheet public document hoti hai, isliye party hone par ya proper details dene par mil jaati hai.

Q: Advice on preventing accused from getting bail in sexual offence case

In a criminal case under BNS 64, 115(2), 123, 127(2), 351(3), 352, the Sessions Court has rejected bail. I want to understand:Can the accused still get bail in High Court?What are the chances of High Court rejecting bail for these sections?If I, as a victim, oppose bail, how does it affect the chances of rejection?If I request speedy trial in High Court, will it influence the bail decision?I’m asking from a victim’s perspective

Advocate Kanaklata Singh answered
Even if the Sessions Court has rejected bail, the accused can still approach the High Court, as it has independent powers to grant or refuse bail; however, bail is not automatic and the accused must show fresh grounds or point out any legal error in the Sessions Court’s order. In offences under BNS 64, 115(2), 123, 127(2), 351(3) and 352, which are serious in nature and involve violence, threat or grave misconduct, the High Court usually considers the seriousness of the offence, the role of the accused, consistency of the victim’s statement, medical or other supporting evidence, stage of investigation and the possibility of the accused intimidating the victim or influencing witnesses. Where the Sessions Court has passed a well-reasoned order and the material on record supports the prosecution, the chances of bail being rejected in the High Court remain fairly high, especially at an early stage of the case. Opposition to bail by the victim is important and carries weight, particularly if genuine safety concerns and fear of interference with the trial are clearly stated. A request for speedy trial does not by itself decide bail but it reduces the accused’s plea of prolonged custody and supports continued detention in serious cases.