Advocate Tulasa Neupane

Questions Answered by Advocate Tulasa Neupane (25+ answers)

Q: How much time it takes to quash an fir in India?

When we can challenge the FIR for quashing?? After Chargesheet or Before Chargesheet.. What is the time limit of quashing the FIR?? please also tell me quash petition procedure in India?

Advocate Tulasa Neupane answered
An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated with the only motive to trouble the person and there is no need to continue the legal proceedings against that person. High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.The time for quashing depends on the offence, charges and the time taken by the court to be convinced.Remind that if Quashing is rejected then it won’t harm your case but if certain negative observations are marked then that might hurt your case and If any derogatory remarks are written by you which you can prove to be wrong legally then of course Criminal Defamation can be filed against any authority which writes derogatory remarks on u. Note: If charges have been framed then you can also go in for revision as per the Charge Sheet Rules.

Q: Is compensation received by insurance taxable under ITR

Compensation received for loss by fire of truck from insurance company will be taxable under income tax laws ? 2) if yes, pls tell provisions in this regard ?? 3) note that i have shown truck income u/s 44ae in 16-17 & 17-18 ?

Advocate Tulasa Neupane answered
Hello Client,As per Section 45(1A) of the Income Tax Act, the compensation received for loss caused by accidental fire explosion as an insurance amount would be treated as full value of consideration received or accruing & so would be chargeable to tax under head capital gain.Good Luck!

Q: Legal authority of police to arrest person after six months of death

I want to know can police arrest me on a complaint that my husband committed suicide after six months of death even if death certificate of natural death has been issued .

Advocate Tulasa Neupane answered
Hello Client,It is possible that in prima facie a murder may be seemed as suicide. As you have death certificate of natural death the police authority have to show strong prove against you to arrest you.Good Luck!

Q: Legal query regarding check bounce on home loan

I availed a home loan and have been unable to repay owing to my financial condition as well as the builder not providing me with either the possession or monthly rental income that was promised. Now the bank furnished one of my post dated checks that I gave while applying for loan which was returned due to insufficient funds. I can repay the loan, what are my options

Advocate Tulasa Neupane answered
Bank have a cause of action against you, so can file a suit against you . At the time of pleading You can clarify with sufficient cause that why you are not able to pay and you can also raise the issue- between you and builder as a reason. you may also sue the builder for specific performance + mesne profit or as per RERA also.Good Luck!

Q: Can internet service provider look into the internet history of user

could my internet service provider or my college look into my content and website i have been accessing?

Advocate Tulasa Neupane answered
If ISP want, they can track everything. They can track your browsing websites and the information that you had entered on the websites. if they are tracking all of thing that you do via internet its a matter of privacy as credit card or other personal details may be used by you.