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: 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 a CCTV camera facing my house, which captures the entire view of my front porch. This camera could have been positioned to cover his own property, but instead, it is angled directly at my house, allowing him to observe people who visit me and everything happening in my front yard.

Because of this, I feel uncomfortable and cannot even sit freely in my own porch. It feels like a clear violation of my privacy.

I would like to know – can neighbors complain about CCTV cameras that invade their private space? Is it allowed under CCTV laws in India to point a camera at someone else’s house without consent? What can I do if this is causing a disturbance or mental stress? Please advise on the rules for installing CCTV at home in India and my rights in this situation.

Advocate Mishika Singh answered

What to Do If a Neighbour's CCTV Camera Becomes a Public Nuisance?

Section 268 of the IPC (Section 270 of BNS) addresses situations like this under the law of nuisance, specifically public nuisance. According to this section:

A person is guilty of a public nuisance if their actions, or failure to act, cause any injury, danger, or annoyance to the public or people living nearby. This can include actions that interfere with public rights or cause obstruction to anyone who uses public spaces. The fact that the action might cause some convenience to the person causing it does not excuse the nuisance.

If your neighbour's CCTV camera facing your house is causing a disturbance or invasion of privacy, here’s what you can do:

1. File a Complaint with the Police
First, you should approach your local police station and file a complaint under public nuisance or violation of privacy. The police will then investigate the matter and take appropriate action according to Indian law.

2. Send a Legal Notice to Your Neighbour
Along with filing a complaint, it's advisable to send a legal notice to your neighbour. The notice should warn them that action will be taken if the CCTV camera is not removed, as it constitutes a violation of your right to privacy.

3. Proceed with Legal Action
If the police fail to take action within a reasonable time, or if the issue persists, you can take criminal action and file a case. This will help ensure your privacy rights are respected under Indian law, particularly the CCTV privacy laws.

By following these steps, you can protect your right to privacy and ensure that your neighbour's CCTV camera does not violate your personal space.

Q: What is the minimum time to file divorce after marriage in india ?

Minimum time to file for divorce after a Hindu marriage in India

Advocate Mishika Singh answered
The time required for divorce depends on the type of divorce filed. A contested divorce can take several years to finalize, whereas a mutual consent divorce is quicker and less complicated. After filing the petition, both parties must appear for the first motion. Once recorded, a minimum waiting period of six months is required before filing the second motion, after which the divorce can be finalized.