Advocate Shaik Faiyaz Ahmed

Questions Answered by Advocate Shaik Faiyaz Ahmed (25+ answers)

Q: Power of Authority to appear on behalf of plaintiff

the case filed by one person for the declaration that the plaintiff is the lawful owner of the schedule property and to Grant Consequential relief of permanent injunction restraining the defendants to interfere with the peaceful possession. Can her brother appear on her behalf to the court for giving evidence o her behalf.

Advocate Shaik Faiyaz Ahmed answered
A GPA holder can only testify about matters they directly know and actions they performed as the plaintiff's agent. They cannot replace the plaintiff in giving evidence on matters that need the plaintiff's personal knowledge.

Q: Husband is under influence of his sisters and handed over field maint

Despite property in my husband's (never valued ,cared me or my words,silently does behind through phone with his sister) name,his sister and son humiliated me and despite warning looking over fields ,which is against my interest,resulting in deteriorating physical and mental health

Advocate Shaik Faiyaz Ahmed answered
If you want to claim your husband's property, you cannot do so while he is still alive; a wife only has the right to inherit her husband's property after his death. You may consider filing a criminal case against your husband and in-laws for their harassment.

Q: RTI REQUEST in respect of police enquiry report on civil matters

Can we ask the Police Enquiry Report from the Station House Officer regarding the enquiry done by the police department on a complaint made in respect of encroachment property after completion of enquiry under RTI ACT. If yes, kindly quote the concerned case laws in this matter

Advocate Shaik Faiyaz Ahmed answered
Yes, a complainant can seek information regarding an enquiry report or investigation done by the police under the Right to Information (RTI) Act. However, there are certain limitations to this. The **investigation report** can be disclosed to the initial complainant, but only after severing the names of the investigation officer and the names of witnesses which attract the exemption under Section 8 (1) (g) of the RTI Act ⁴. It is important to note that while an FIR is a public document and can be obtained through an RTI application, matters of investigation and collected data cannot be asked for under RTI. I hope this helps!