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Vishwas.gs   29 April 2018

related to dog

I have a Doberman dog generally bark but I always adress his barking so that no one get irritated but one of my neighbour say my dog should not bark , how is it possible that dog cannot bark .he is planning to go for court . is there any way to defend it


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 9 Replies

Adv Deepak Joshi +917017821512 (Advocate)     29 April 2018

Write a complain to Maneka Gandhi she has helped in similar matter. Will help you aswell.

Vishwas.gs   29 April 2018

I stay in Bangalore

Adv Deepak Joshi +917017821512 (Advocate)     29 April 2018

You can email her, they will help you.

Kumar Doab (FIN)     29 April 2018

A citizen can approach court for genuine grievance...

Try to satisfy the neighbor(s)..

1 Like

(Guest)
I doubt if the court will entertain such a frivolous dispute. Just by a single complaint of your neighbor that your pet cannot bark does not make out a court case. If your dog continues barking whole day, at best your neighbor can file an application u/Sec. 133(1)(f) Cr PC. However he will have to show that: (i) your dog's barking is being a private nuisance to him & (ii) as a result of the barking, he has suffered some special damage in consequence. Merely filing an application to seek removal of a nuisance in form of a dog is not enough to get a decree in your neighbor's favor; he has to satisfy the court that he has suffered legal injuries in the process. Regards

Kumar Doab (FIN)     02 May 2018

Complain u/s 133 of CrPC as suggested by Mr. Kay Bee can be an effective remedy and magistrate may ask police to furnish report.

https://indiankanoon.org/doc/983382/

and as pointed out by Mr. Deepak, may even lodge complaint under; Prevention of Cruelty to Animals Act;11

https://www.envfor.nic.in/legis/awbi/awbi01.pdf

 

Kumar Doab (FIN)     02 May 2018

Do you have license to keep dog and pay (annual) charges to local civic body?

The neighbor(s) can point put everything including above and approach civic body and notice may be issued …..and PCB if civic body is not acting properly, others measures e.g; personal requests made to you, local association of house-owners/welfare society, NGO’s etc and even dog not taken to some Veterinary Doctor/trainer for treatment or change in behavior of animal etc …………..and appraise court all previous efforts made and Magistrate considering these may decide to pass appropriate order which may be against you..

 

 

Press damages for compensation due to noise, nuisance from incessant barking that bites peace of neighbors

 

IPC;268,290

https://indiankanoon.org/doc/1569253/

GO thru;

https://timesofindia.indiatimes.com/city/kolkata/Keep-pet-cats-dogs-in-control-HC/articleshow/4681934.cms

https://timesofindia.indiatimes.com/city/chandigarh/Dogs-barking-bites-owners-peace/articleshow/8781453.cms

https://jaagruti.org/2013/12/13/to-all-those-of-you-who-are-being-harassed-by-their-neighbourhood-for-tending-to-animals/

Kumar Doab (FIN)     02 May 2018

https://www.hindustantimes.com/real-estate/pets-stressing-out-your-neighbours-you-have-a-legal-way-out/story-hg8a5F2qRpCo91iLlzC6iI.html

 

IT is wisely said that in case of need and emergency and need neighbor(s) come 1st and before relatives…………….So it is certainly better to take adequate steps to maintain harmonious relations with neighbors by acting responsibly and also to prevent litigation…

Vishwas.gs   03 May 2018

But how do u make a dog not to bark .Is it possible , it has a freedom to talk. Dogs ar ment to bark , at night street dog doesn't bark ?

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