Advocate Saurabh Srivastava

Questions Answered by Advocate Saurabh Srivastava

Q: What happens after Revision is over?

I filed a suit for eviction of my tenant on grounds of bona fide need. The suit was decided in my favour by the additional rent control and the tenant was not given a leave to defend, so he filed for a revision before the high court. The revision was again decided in my favour and no extension was provided to my tenant. My advocate suggests that he would appeal before the Supreme Court but aren't decisions in a revision non appeallable? Should I proceed with the eviction proceedings when the eviction is due in less than a weeks time? Can he get a stay from the supreme court?

Advocate Saurabh Srivastava answered
Your advocate is right that a tenant may approach SC. But it is not an appeal but a slp ie a leave to file an appeal. The chances are very remote that the SC will convert the SLP into an appeal as the tenant lost from two courts below.

Q: File a case against a brand for illegal use of ingredients in food

File a case against a brand for illegal use of ingredients in food.

Advocate Saurabh Srivastava answered
please provide further details. how do you come to know the ingredients used are not permitted under law. a case of course lie against the manufacturer who uses prohibited ingredients. in appropriate cases even a licence may also be cancelled.

Q: NEED ASSISTANCE FOR BYANNA RULES

KINDLY HELP ME OUT IF WE TAKE BYANAA AND DUE TO SOME REASON OR DOCUMENTS ARE NOT CLEAR , DO WE NEED TO RETURN DOUBLE OF THE BYANNA

Advocate Saurabh Srivastava answered
it will depend on the agreement you would be entering into. if the agreement is in place i need to review it and only then i would be in position to advise you. For further question or clarification please contact me.

Q: Whose right is on the land below stairs in builder flat

I reside on the ground floor of a builder flat. I want to know who has the right on the land beneath the stair on ground floor. The language in the sale deed is :-The vendor has agreed to sell and vendee has agreed to purchase the entire ground floor without roof/terrace rights out of property bearing no ****** along with common/combined rights of the main entrance, passage and staircases leading from ground floor to top floor, with all the proportionate undivided, indivisible and impartial free hold rights of the land underneath for a total sale consideration of Rs.****

Advocate Saurabh Srivastava answered
the langage is quite clear. the owner of the ground floor is also the oner of the space beneath/below the stairs. however, the owner could not stop the residents from using the stairs. you may send a legal notice delcaring that you are nthr owner of the space belo the stairs.

Q: evidentry value of siezure from spot

person murdered a bike found parked where the incident took place.eye witnesses saw 3 men on foot who assauted the deceased but couldnt identified thempolice include the bike owner as accused.how to defend accused..?

Advocate Saurabh Srivastava answered
you need to carefully examine the statements recorded by the witness so as to establish at the time of trial to show that the accused was not present at the time of the occurrence of the crime. the accused through independent evidence proof that he was somewhere when the crime was committed. there could be others defense too which could be gathered through examination of the matter and records.