Advocate Savi Mishra

Questions Answered by Advocate Savi Mishra (25+ answers)

Q: Defamation case in a gold theft

So my girlfriend lives in a PG and there live two girls next door to her and all three of them are very good friends like my girlfriend stay in their room and they sometimes stay in my girlfriend’s room today what happened is my girlfriend was leaving for some movie so she entered those girls room to get her clothes back and both of the girls were not in their room at that time and when my girlfriend was watching the movie at the movie theatre she study got a call that some gold has been stole….

Advocate Savi Mishra answered
Based on the facts described, this appears to be a situation involving suspected theft where your girlfriend may be treated as one of the persons who had access to the room around the time of the incident, even though she was not present when the theft was allegedly discovered. Mere presence or access to a room does not establish guilt — theft under law requires dishonest intention to take property without consent, and suspicion alone is not evidence.If the police are involved or a complaint is made, your girlfriend should cooperate fully but should not sign any statement without reading it carefully, and should avoid giving any admission without legal advice. She has a right to remain present with a lawyer if questioned formally. If she is falsely named, options include filing a written complaint clarifying her position and, if needed, seeking anticipatory bail as a precaution.I'd recommend a detailed consultation to review the actual sequence of events, any CCTV footage, or communication that establishes she had no involvement, so appropriate protective steps can be advised.

Q: Property Access Path and Easement Rights Matter

have been residing in my house for the past 26 years and have been using an access path through adjoining land openly, peacefully, and continuously as my primary access. The adjoining land was later divided between Owner A and Owner B. The path lies on B’s portion. Owner B never objected to my use of the path for 26 years. I now apprehend that B may construct or sell the land and block the path. I seek protection of my easementary right under Section 15 of the Indian Easements Act.

Advocate Savi Mishra answered
You can either file a civil suit for the declaration of your easementary right which you have from 26 years or you can seek permanent and temporary injunction restraining Owner B to construct or block the pathway.