Advocate Mishika Singh

Questions Answered by Advocate Mishika Singh

Q: What is the format for a rejoinder reply by the plaintiff herself/himself? I need the format for a r

1. On what date should the rejoinder be written and signed for submission in court? 2. What is the general format for a rejoinder written by the plaintiff to submit in court, including the rejoinder to the reply of a legal notice, rejoinder in CPC format, and rejoinder notice format? 3. How should the acceptance of Section 65B of the Evidence Act be mentioned in the annexure? 4. How lengthy should the prayers in the rejoinder be?

Advocate Mishika Singh answered
Time for filing rejoinder is usually decided by the court when notice is issued. Please check previous orders for the same. Format can be the same as the pleading. However, it is always better to file a rejoinder only when something that is not said in the pleading needs to be said/something raised in the WS needs to be answered.The prayer is already included in the main pleading.

Q: Can email be used as evidence in court in india ?

AN E MAIL WAS RECEIVED AT MY E MAIL ADDRESS FROM A GOVT DEPARTMENT CONTAINING SCANNED COPY OF THE DOCUMENT IN ITS ATTACHMENTS.I WISH TO PRODUCE E MAIL AS AN EVIDENCE IN THE COURT, HOW TO PRESENT EMAIL EVIDENCE IN COURT ? ,PL GUIDE

Advocate Mishika Singh answered
Yes, an email can be presented in court as electronic evidence. For getting it on record as an admissible evidence, it will have to be filed along with an Affidavit under Section 65B of the Indian Evidence Act.

Q: Is oyo safe for unmarried couples without any legal problem

Me and my girlfriend want to spend quality time with each other bt public place creates problem for us like people staring, parks, police harrasments etc. So one of my friend told me about oyo couple friendly hotels. So i knw it is legal for both of us to book an hotel room wr both are 18+ bt still this is our first time so we are scared. Is is oyo rooms safe for unmarried couples? What if someone do harrasments with us like police ? Pls suggest if they forcefully persuade us to go police station etc. How to keep ourself safe and secure? is it safe to go to hotel with girlfriend? We will show our identity proof also

Advocate Mishika Singh answered
Oyo couple rooms are safe. You can go ahead with it.You will have to submits your government photo IDs in any case when you check in. Chances of someone harassing you or forcing you to go to the police station are negligible. However, it is well within your rights to refuse to go in such a case.

Q: Grounds for early hearing in high court in India?

The case has been filed by government against me in delhi high court against the order of tribunal. But the government lawyer was intentionally absent..And the next date is given after 7 month ..Is there any way by which I can get early date of hearing Because I am in strong position and the government is aware of that. That's why it is delaying the matter... What are reasons for early hearing application in high court? your early reply will be highly appreciated

Advocate Mishika Singh answered
You can file a detailed application for early hearing stating reasons why the delay in the matter will cause grave prejudice to your case. Please mention reasons as to how your rights will be violated if the matter is not pre-poned.

Q: Right to privacy and cctv cameras laws related to neighbors in India

I live in a housing society. My neighbor has installed CCTV Camera facing my house which lets him observe the front porch area of my house. He could have installed the cameras in other area for supervision of his own house but he is trying to pry in activities of various people coming to my house. I cant sit freely in my own porch because of it. Please advice. The camera is particularly angled to cover my front yard. can neighbours complain about cctv?

Advocate Mishika Singh answered
Section 268 of the IPC covers such instances under a big umbrella of nuisance. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. File a complaint with the local police station. Let them take action. Along side, sent a legal notice to your neighbour stating that action will be taken against them if they do not remove the CCTV. If police fails to take action within reasonable time, proceed with a criminal case.