Advocate Priya Singh

Questions Answered by Advocate Priya Singh (25+ answers)

Q: Juvinel case booked under section 3/25

Case under 3/25 Given wrong name of his self and father during FIR due to fear or pressure,age in FIR mentioned 19 but doc produce to migistrate is juvinel age 17 verified via High school marksheet, currently got interim bail can this case can get regular bail as marksheet is getting verified ,can I move accused to other location in same state itself after regular bail, how long will the case exist ,can chargesheet can cause problem in future to case if more strict provision are added by police

Advocate Priya Singh answered
The age mentioned in the FIR is not determinative of the accused’s age for the purposes of the Juvenile Justice Act. Since the accused claims to have been below 18 years on the date of occurrence and has produced documentary evidence indicating the same, his juvenility is required to be determined in accordance with Section 94 read with Section 9 of the Juvenile Justice Act. Until such determination, the mere recital of age in the FIR cannot be treated as conclusive.Before shifting permanently to another district, examine the exact conditions in the interim-bail order. If there is a condition requiring residence at a particular address, regular attendance, or permission before leaving jurisdiction, an application for modification/clarification should be filed first.

Q: False commercial advertising and disparagement

There is an ABC customer experience software company, and there is an XYZ company involved in the same business, and the XYZ company has published an article titled “7 ABC Alternatives for Better Customer Insights.”The article directly compares XYZ with ABC and includes several claims about ABC that appear to be factually incorrect.Several of these are objective product claims, not opinions. ABC should be able to demonstrate that they are incorrect. Concern is that it could mislead prospects.

Advocate Priya Singh answered
Hello,Comparative advertising on false or misleading comparative claims that disparage a competitor's goods or services may give rise to actions for disparagement, passing off, trademark-related relief, or proceedings under consumer protection and advertising standards.

Q: Denial of Family Pension under Rule 54(11-C) CCS Rules for Sec 306 IPC

My father died in service (IISR) in 1995 and my mother was convicted under Sec 306 IPC (Abetment of Suicide) & granted Sec 4 Probation of Offenders Act by HC in 2024. IISR rejected thefamily pension citing Rule 54(11-C) CCS Pension Rules & Sec 25 Hindu Succession Act. Both rules strictly apply only to "murder" convictions, not suicide. Since pension is a statutory right and Sec 306 is not murder, is this rejection legally valid? Can I successfully challenge this in CAT to get my pension/arrears?

Advocate Priya Singh answered
You do have a viable case before CAT, especially on these arguments:(A) Strict interpretation argumentRule 54(11-C) and Section 25 apply only to murderLegislature consciously did not include Section 306 IPCAuthorities cannot expand scope beyond statute(always extinguished—only diverted to eligible heirs(C) Pension is a statutory rightCourts have repeatedly held pension is not a bountyDenial must strictly follow rules, not broad moral reasoning(D) Delay and equityDeath occurred in 1995Conviction outcome came much laterYou can argue long delay + dependency rights

Q: Land Mutation can be done after the construction is done?

Hello,I have purchased a land from builder for construction of a house.The land is converted to residential after under section 80.Now I'm trying to get the land mutation done but the hurdle is I got to know from builder that land Mutation can not be done as construction is completed and house Mutation can only be done.Is this true or land mutation can still be done after construction?Year of purchase is 2025Land area is 1042 Sqft

Advocate Priya Singh answered
Construction of a house does not bar land mutation. House/property mutation (with building details) is a separate or subsequent step, mainly for property tax and municipal records.Contact for more details

Q: Mutation Of Legal Heirs In land After Co-owner Death

Hey My father was a co-owner in a joint land with his two brothers (my uncle's) My Father passed away in 2020 and khatauni record is showing my,my brother and mother name and a notice that Shivkumar legal heirs ka name darj ho what it means Our name is allready Mutated in this land We are Co-owner or It's a notice We have to apply for Mutation first with required documents to become Co-owner...

Advocate Priya Singh answered
“Shivkumar ke legal heirs ka naam darj ho” is typically a formal or procedural entry/notice issued by the revenue authorities. It may mean:Either the mutation process was initiated and this is a public notice stage, orSome formal confirmation/documentation is still pending.