Advocate Tariq Anwar

Questions Answered by Advocate Tariq Anwar

Q: Legal Compliance of Third Floor with Terrace and Lower Ground Floor

If a residential building in South Delhi has a lower ground floor (7–8 feet above ground and 2–3 feet below ground), followed by the ground, first, second and third floors with a terrace, and the total building height is under 15 metres, is it legal to purchase the third floor with terrace? Could I face any MCD legal notice or action due to the lower ground floor or building violations?

Advocate Tariq Anwar answered
Under the Unified Building Bye-Laws for Delhi, 2016, read with the applicable provisions of the Master Plan for Delhi and subsequent amendments, the permissible height of a residential building depends upon the plot category, sanctioned building plan, permissible FAR, setbacks and other applicable development controls. For specified residential plots, the maximum height is 15 metres without stilt parking and 17.5 metres with stilt parking.In the present case, the lower-ground floor being 7–8 feet above ground level and 2–3 feet below ground level does not, by itself, establish that the construction is lawful or that the floor qualifies as a basement. Its legal classification and inclusion in the building height must be assessed under the applicable bye-laws and sanctioned plan.Before purchasing the third floor with terrace rights, obtain and verify the sanctioned building plan, completion/occupancy documents where applicable, floor-wise construction details and the legal status of the terrace. If any floor or construction deviates from the sanctioned plan, MCD may initiate appropriate action, including a show-cause notice and proceedings under the applicable municipal law.Therefore, a total height below 15 metres alone is not sufficient to establish legality. The property should be independently verified by a qualified architect and a property-law professional before execution of the sale deed.

Q: What happens if wife has online Dr consultation after physical abuse

What happens if wife has only online doctor consultation (medical) like practo.com after physical abuse by husband and her father and brother are witnesses. Husband never allowed her to step out after physical fights and with two minor sons (1 and 7 years old) she couldn't to see a doctor. What happens in DV and 498A .is it insufficient to prove cruelty, physical abuse.

Advocate Tariq Anwar answered
Yes. If the wife alleges physical cruelty/domestic violence but the available evidence is only an online doctor consultation and statements of her father/brother.A victim's credible testimony can itself constitute important evidence,and court assesses the entire evidence rather than applying a mandatory medical evidence required rule.Criminal cruelty — BNS Sections 85–86 Section 85 BNS applies where a husband or his relative subjects a woman to legally defined “cruelty.” Section 86 requires conduct of a serious nature causing grave injury/danger to physical or mental health, or harassment connected with an unlawful property/valuable-security demand. Punishment under Section 85 is up to 3 years and fine. Medical evidence An online consultation/telemedicine record can be relevant evidence, but merely producing a consultation showing that the wife reported being assaulted does not by itself establish that the husband actually assaulted her. Father and brother as witnesses They are competent witnesses, but their evidence will be assessed on whether they had personal/direct knowledge of the alleged incidents. If they merely repeat what the wife told them, their evidence may have limited value regarding the actual assault. The Supreme Court has stressed that allegations in cruelty/dowry cases should contain specific material particulars rather than vague or omnibus allegations. DV Act proceedings are different Even if a criminal prosecution under BNS 85 fails for want of proof beyond reasonable doubt, the wife may independently seek remedies under the Protection of Women from Domestic Violence Act, 2005, such as protection, residence, monetary relief, custody and compensation. The evidentiary standard in such proceedings is different from a criminal trial.

Q: Refund issue with Medical Shop in Old Delhi

Dear Sir/Madam, Buying medicines for personal use (for my bedridden mother) from shop for last 6 years with no problem as dealing with Mr. A All Purchases through invoices and UPI/Bank Transfer Now Mr. B is attending and took medicines back due to bad condition but neither replacing nor issuing refund 34k medicines are with Mr. B for one and half month He always call on Whatsapp, rarely pick normal call but never discuss on normal call and never reply on messages Pls advise

Advocate Tariq Anwar answered
It depends on the things that whether you paid it online through UPI or you have paid in cash both ways whether you have paid in cash or UPI in both case you can approach to the consumer court. But as it is a minor issue it would be through on stage of notice through the advocate.

Q: BANK OF BARODA LIEN/FREZZ MY BANK ACCOUNT

BANK OF BARODA LIEN/FREZZ MY BANK ACCOUNT SUM OF RS2000 AND AFTER THAT I WENT TO BRANCH BANK AND THEY TOLD ME TO VISIT HEAD OFFICE FOR MORE DETAILS WHAT SHOULD I DO NEXT .. I ALL READY E-MAILED TO HEAD OFFICE .. SO HOW MUCH TIME SHOULD I WAIT FOR REPLY ... IF ITS DEALY WHAT GOES HAPPENED AND HOW TO UN-FREZZ THE BANK ACCOUNT

Advocate Tariq Anwar answered
you will have to move an application for de -freezing the account in the concerned court . Not only that if your account is in the first layer then you should approach the IO with proper explanation to avoid unnecessary harassment.

Q: Ongoing theft case impact on Army & Central Govt job eligibili

In my 2nd year of college, I stole ₹13,000 from a student's bag in a library, and an FIR was filed. Next year, campus security recognized and handed me to the police. I deeply regret this mistake. I am now preparing for the Indian Army and central government jobs. If I get honorably acquitted by the court, or if the case is closed through a mutual compromise/settlement with the victim, will I legally be allowed to apply and join the services? Will this clear my police verification?

Advocate Tariq Anwar answered
A compromise/settlement with the victim is also not by itself sufficient. If the criminal case is legally quashed/closed by the competent court, that is different from merely having a private settlement. The candidate must carefully check the applicable recruitment notification and verification form.