Advocate Sumit Mishra

Questions Answered by Advocate Sumit Mishra (25+ answers)

Q: Harassment after supporting everyday to the other party

Dear Sir/Madam,I am seeking your legal advice regarding an issue I am currently facing.I had earlier filed a complaint, but I have already withdrawn it and submitted written applications to the police/cyber cell confirming the withdrawal. Despite this, the police have still not removed the lien from the bank account related to this matter.When I followed up, the police told me that there are already around 5 cyber complaints against the other party’s bank account, and they cant give noc

Advocate Sumit Mishra answered
Your question is vague as why would a complainant need NOC. I think layering protocol is affecting your bank account which resulted in freezing of account with a lien amount. It is a procedure under codes of law where police acts so. However connect with me for better accommodation of your query.

Q: Reg will for different properties - Unregistered

I have 3 properties in Noida and Ghaziabad and have written asset wise will witnessed by a CA and a Homeopath Dr. Will that work in case of my death or shall I register it. I only have 1 son who is minor now and I have made my wife as a guardian till he turns 18. Separate will made for real estate and banks. Pls advise. Thanks in advance. Aman Chhabra.

Advocate Sumit Mishra answered
Dear Mr. Aman,Your Will is legally valid even if unregistered, since law does not make registration compulsory.

Q: remains Pending despite being registered on 12-04-2024.

My case, .remains Pending despite being registered on 12-04-2024. It is currently at the 'For Order' stage. Recent listing history shows repeated 'Pass Over' statuses,. Despite 7 Listing Applications being disposed of, the matter has not been heard. What legal remedy exists to ensure the case is taken up, and should I file an Urgency Application to move it from the Additional List to a fixed date

Advocate Sumit Mishra answered
Mere reading of your query indicates that your case has been put on the list(Daily Cause List)/ unlisted cases. I can help out better if you provide information or share the status of your case. Urgency applications are rarely entertained and are entertained only for fresh cases.

Q: Citations from SC and Allahabad HC on false POCSO cases

I am seeking judicial citations from the SC and Allahabad HC in relation to POCSO cases covering the following issues:1. Cases where the police conducted a deliberately false, biased, or perfunctory investigation, or failed to investigate material facts, resulting in undue support to the complainant.2. Cases where a POCSO complaint was found to be false or motivated, particularly where the complainant acted under the influence or instigation of third parties (such as teachers, relatives)

Advocate Sumit Mishra answered
Hi there, there are several judgments of apex courts where POCSO cases have been quashed. The one gem is Bhajan Lal Sharma vs State of Haryana, and there are others as well. To accommodate you better i would need the FIR and other corroborative material collected during the investigation as to see if a prima facie case is made out or not and then I could be in a better place to tell you which judgment squarely covers your case.

Q: Illegal international plateform used for lottery

SirWe used the Illegal international plateform used for lottery Duɓai lottery with one ticketCan it be offended penalty

Advocate Sumit Mishra answered
Your question is not clear, to help you better can you please reframe your question. Feel free to use hindi language. One thing is clear in law that any illegality may land you in trouble, provide more information to help you better.