Advocate Vaibhav Srivastava

Questions Answered by Advocate Vaibhav Srivastava

Q: Inquiry Regarding Mutation Certificate Process and Government Fees

I would like to address a property mutation matter involving two properties currently in my late father’s name. One of the properties was inherited with an existing mutation certificate, while the other property does not have a mutation certificate and appears on the Khasra as municipal land. This second property was purchased in 1998, and my father did not obtain the mutation certificate at that time, likely due to limited awareness of the process. The seller of the land is still alive and has

Advocate Vaibhav Srivastava answered
You can address the issue by handling each property separately: for the property already mutated in your late father’s name, you need to apply for legal-heir mutation at the concerned SDM/Tehsil office by submitting his death certificate, the existing mutation certificate, legal-heir documents, and ID proofs, after which the Lekhpal will conduct verification and the SDM will pass the mutation order; however, for the second property purchased in 1998 that was never mutated and still appears as municipal/Khasra land, the most practical solution—since the original seller is still alive—is to obtain from the seller a properly executed Confirmation/Rectification Deed or written ownership confirmation (as per revenue norms), and once you have this seller-signed confirmation along with the original sale papers, you can submit a mutation application directly at the SDM office, attaching the seller’s affidavit, sale papers, death certificate, and legal-heir proof so that the SDM can regularize the land in your family’s name after site verification by the Lekhpal.

Q: Listing application filed and disposed

In 482 crpc petition for challenging dismissal of discharge application and it revision by Cjm and session . In 482 crpc case is not listed more than 1 year . 5 listing application filed but not taken up . Last listing application order :NCL but not listed yet. Ecourt shows 1.12.2025 but case not mention in cause list of 1.12.2025.

Advocate Vaibhav Srivastava answered
Under Section 482 CrPC, the inherent jurisdiction to prevent abuse of process and secure the ends of justice is vested only in the Hon’ble High Court. Therefore, any challenge to the dismissal of a discharge application or a revision order of the CJM/Sessions Court can be filed solely before the High Court. Subordinate courts do not have power under Section 482 CrPC.Regarding the listing issue, High Court cases are not always reflected on the general e-Court app or district court portal. Most High Courts maintain their own cause list system, and 482 matters are listed only through the official High Court website. The remark “NCL” means “Next Cause List”, indicating that the case has been processed by the registry but has not yet been taken up by the bench. It is a procedural status showing that the matter will be placed in the next available cause list once the court schedules it.

Q: Dispose off the pending criminal case in court record

I have filed a criminal cases on my ex bf through police FIR in 2018 u/s 354,354d and 504 ipc and court issued summon to me on 2019 , i recorded the pw1 statement and next date is fixed for cross examination as it is pending from accused . After that I don t appear in court till 2025. Now I want to disposed off the case but there is no summon received for cross examination . Now what to do my address also change and no information about the case and even date not know to me

Advocate Vaibhav Srivastava answered
Based on the facts stated by you, the case appears to be still pending before the concerned Magistrate Court, and since you have not appeared for several years and your address has changed, the court summons may not have reached you. The first step is to obtain a certified copy of the FIR and the latest case status. You can get the FIR copy from the police station where the FIR was lodged or through the district court’s copy department by giving the FIR number, year, and police station name. You can also check the online case status on the district court website using your name or the accused person’s name.Once you obtain the case details, you may file an application before the court for restoration of communication, updating your correct address, and requesting the next date of hearing. If you wish to dispose of the case, you can also file an application expressing your inability to pursue the matter further and seek appropriate orders from the court. The court will guide you depending on the stage of the case. It is advisable to engage a local lawyer to obtain the documents and take necessary steps.

Q: Mujh criminal case khaatma karwana hai

Mne ek FIR karo thi 2018 me uska case abhi bhi chal rah hai aur m nahi chati ab case chale m khtam kar warna chati accused ko free karna chati hu

Advocate Vaibhav Srivastava answered
It is a fairly straightforward legal process. In situations where the chargesheet has not yet been filed by the investigating agency, we can proceed by filing a Criminal Revision/Criminal Petition (CRLP) before the Hon’ble High Court seeking appropriate relief. Alternatively, if the matter has been amicably settled between the parties, we may file a petition under Section 482 of the Code of Criminal Procedure along with the duly executed compromise deed. The inherent powers of the Hon’ble High Court under Section 482 Cr.P.C. enable the Court to prevent abuse of the process of law and to secure the ends of justice.Once the compromise deed is placed on record and both parties affirm that the dispute has been resolved voluntarily and without any coercion, the Court generally considers the prayer for quashing the FIR favourably, provided the offence is of a nature that is legally permissible to be quashed. In most such cases, the High Court is satisfied with the settlement and may quash the FIR in a single hearing, thereby bringing the entire criminal proceedings to an end. This approach helps avoid unnecessary litigation, saves time for all parties involved, and ensures that the dispute is concluded efficiently and lawfully.

Q: Purani Firm Ke Turnover Aur Experience Ka Prayog Nayi Company Ke Tende

Meri purani proprietorship firm 'Shakti Tours and Travels' ka turnover 13 crore hai aur achha government tender experience bhi hai. Maine nayi private limited company 'Shatayojana Pvt. Ltd.' banayi hai jisme director papa Prem Chandra Trivedi aur main Abhishek Trivedi hoon. Kya hum purani firm ke turnover aur experience ko nayi company ke tender me credentials ke roop mein use kar sakte hain? Kya tender authority ise accept karegi? Agar nahi, to iska kya solution hai?

Advocate Vaibhav Srivastava answered
Hy Abhishek Yes, you can use the turnover and tender experience of your old proprietorship firm (Shakti Tours & Travels) for your new company (Shatayojana Pvt. Ltd.), provided you show business continuity, which most tender authorities accept. For this, you should attach key supporting documents such as a Business Transfer Agreement, Proprietor’s Affidavit, CA-certified turnover certificate, old work orders/completion certificates, and a Board Resolution from the new company adopting the old firm’s credentials. These documents legally establish that the new company is the successor of the old proprietorship, greatly increasing the chances that the tender authority will accept the experience. If a particular tender still does not allow it, you can apply through a Joint Venture (JV) of both entities.