Advocate Ravindra Prasad

Questions Answered by Advocate Ravindra Prasad (50+ answers)

Q: What is the time period difference between final hearing and judgment ?

Sir supreme court complete hearing k baad decision kitane tym tak pending reh sakta h, what happens after final hearing ?

Advocate Ravindra Prasad answered
On the date of 1st hearing at the stage of admission Case is admitted or dismissed If after hearing your case is admitted notice issued to respondents and leave granted by Court to decide question of Law then it takes year's together maximum 5years Regards from Ravindra

Q: How to report a rooster in a residential area as pets by neighbors?

Hi, Needed your suggestion for this situation. A house across my apartment has over the last couple of months, started keeping roosters and hens as pet. The roosters as they start crowing very early in the morning and keep doing that during the day. There are at least 4-5 big birds visible in the open lawn of the house. n winters, since fan is off and there is more silence, the damn bird sounds like crooning right in the room! This has now has become a great nuisance. I am waking up everyday at 4:30-5:00 am to disturbed sleep. Requesting an opinion on- is it legal to keep chickens in a residential area?, if there is any law restricting domestication of pets (specially roosters) in residential areas or any other recourse for reporting this in local police station. Thanks.

Advocate Ravindra Prasad answered
Disturbing your sleep due to sounds crooning of the birds amount to public nuisance in the residential area for which you can lodge complaint before jurisdiction police Creating public nuisance amount to offence under section 268 of IPCA common nuisance is not excusable under section 268 of IPC for the reason that it causes some convenient or advantage to the person who causes nuisance.If the sound made by birds are within the permitted limits as prescribed for the residential area then it will not amount to nuisance if beyond that it amount to nuisanceMoreover such birds cannot be kept in residential areas as they pollute environment due to disposal of the waste and smell,if it is so you can complaint to the pollution control officer under environment protection Act under which if found your complaint genuine action will be taken.Regards fromRavindra advocate

Q: What to do when non bailable warrant is issued to acussed ,what happens when nbw is issued ?

1. What happens when a non-bailable warrant (NBW) is issued?
2. What to do if a non-bailable warrant is issued?
3. How to cancel or recall a non-bailable warrant?
4. How to get bail in a non-bailable warrant case?
5. Can an accused who is out on bail still get an NBW?
6. How many exemption petitions (EP) can be filed?

Advocate Ravindra Prasad answered
If a non-bailable warrant (NBW) has been issued against you, here’s what you should do:

1. File an application to recall the NBW:

• Under CrPC Section 70(2), an NBW can be recalled or cancelled by the court if a valid reason is provided.
• The accused must personally appear in court to file this application.

• Courts may allow two exemption applications, but on the third hearing, personal appearance is usually mandatory.
• Failure to appear may lead to cancellation of bail.

• If the accused is suffering from a serious or long-term illness, an application for permanent exemption can be filed.
• A medical certificate must be submitted as proof.

• If bail has already been granted, the NBW can still be challenged or recalled.
• If bail has not been obtained, the accused must apply for anticipatory bail or surrender and seek regular bail.

• Legal procedures for recalling or canceling an NBW require proper legal representation.
• Seek expert advice to file a petition and ensure compliance with court requirements.

Q: Tenancy without written agreement between owner and tenant

I am the landlord of a property. We gave the keys of house on pretext of oral promise to a tenant. there is no written agreement between me and the tenant Now they have not paid the full security deposit and are ignoring our consistent calls. We have asked them to vacate the house before 30 days. And now they say they still cannot vacate the premises. I am afraid that the security deposit they have paid does not give us much security. What should I do?

Advocate Ravindra Prasad answered
it is unlawful if they are in possession of premises without any rent agreement that doesn't give protection to owner, so if you go to the court you have to admit possession of tenant but the tenant can take any defence such as that he was in possession as a mortgage e ,adverposession ,he can claim that he had paid advance of money as per his imagination so you won't get immediate results and it becomes long standing problemso better evict tenant immediately without expecting anything from him without going court of lawtake assistant of police and get evicteven it's good to use unlawful means to evict tenant on night mareif not possible all those means to do then issue notice of eviction stating not paying rent since 6 months and based on reply file the suit and evict tenant

Q: I wanted to withdraw my case against my husband after he came back to reside with me . I informed my

I wanted to withdraw my case against my husband after he came back to reside with me . I informed my lawyer on the same ,i attended court hearing to withdraw the case ,but the lawyers are extending the procedures. My job doesn't permit to take leaves as am in probation now .And the lawyers are not closing it ,have explained me a long procedure and asking for charges i cannot pay so much of money . How can i withdraw my case ,both of us are happy now ....please advice

Advocate Ravindra Prasad answered
attend on any one hearing day both husband and wife and tell the court the fact of reunion and living together and problem of not coming to the court so the court not e your submission and close the case even if your counsel object for itnot you have given power to your counsel and the same can be taken back at any point of time