Question: There is an Illegal use of my boundary wall by my neighbor. My father built the 6 ft high 5" thick 60 ft long boundary wall before construction of our 2 storied building within my premises in the year 1990-91 when there was a narrow drain and one 3" thick small boundary wall of my...
Civil Law Cases
Our advice on: Civil Law Cases
Limitation period for cancellation of probate
Question: I want to file a case for the cancellation of probate. The district court has granted the letter of administration in the course of probate proceedings. The executor of the will did not make me a party in the probate proceeding. Therefore, I could not have had information about the...
Copyright issue in pre existing information available on internet
Question: I have a Twitter account and always post several information from sports. There is also a website on which I post some articles, blogs and other informative materials. All the materials belong to the sports. I want to know whether copyright issues in pre existing information available on...
Sarpanch has encroached the public road : How do I approach public authority?
Question: Our village Sarpanch age encroached the public road and blocked the access of the main road. He is a very influential person and able to manage the police authority. Thereby he has stopped us from accessing the main road. How do I approach the public authority against such an...
Election Commission is holding byelection instead of declaring runner up candidate as winner
Question: I am the runner up candidate in the gram pradhan election. The election commission has reserved our seat for the scheduled caste candidate. In the final result XXX has won the election. Later on he found other backward caste (OBC) candidate. Therefore, the district election commissioner...
Can the government equate the two posts?
Question: I’m working as an inspector in the food department. My post is inferior to the post of inspector in the supply department. Can the state government equate the two posts because there is a discrepancy between the salary and status. After ten years of service the one post becomes gazetted...
Can landlord take advance rent in Uttar Pradesh?
Question: My Landlord is not providing promised facilities after taking advance rent. Can landlord take advance rent in Uttar Pradesh? The house owner promised me 24x7 running water facility before I signed the rental agreement for 1 BHK house. Advance rupees forty thousand has been paid. Monthly...
Withholding salary by employer when I am on sick leave
Question: I want to know if withholding salary by employer when I am on sick leave is legal? Employer holding my salary without any prior notice when I am availing my sick leaves. He is sending contradictory emails to me and forcing me to submit office inventory. Can I file a harassment case...
Company after receiving payment did not supply product
Question: I run a private limited company. We provide engineering services. Two months ago the company received a large order from our customer. To accomplish this, we needed to buy some equipment. We finalized the quotation of a proprietary company and transferred 50% payment. The company after...
Company is not issuing no objection certificate
Question: I was working for a Pvt mining company in Rajasthan as a mining engineer. Company is not issuing a no objection certificate (NOC). Instead, the company has issued only an experience certificate. I had submitted my resignation as I was unhappy with the company and their working methods. I...
Termination without notice
When the agreement explicitly enumerates that performance of notice period is mandatory before termination of service then the employer cannot fire the employee without notice. In this situation the employee should send a legal notice to the employer for revocation of termination order.
Bank initiated recovery proceeding – How to defend?
If the bank initiates recovery proceeding under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) the borrower should submit a representation to the bank under section 13(3A) of the SARFAESI Act and object the recovery proceeding or seek relaxation in repayment of loan. The bank cannot proceed further without replying to the borrower’s representation.
Phone tapping in India under Indian Telegraph Act
The government can record the phone call or keep someone’s phone on surveillance in the interest of public emergency, public safety, sovereignty and integrity of India. Section 5(2) of the Indian Telegraph Act 1885, vests such a power in the government. If the government violates the provision of section 5(2) of Telegraph Act, it also violates the right to privacy of the person which is a fundamental right under Article 21 of the Constitution of India
Charge sheet without preliminary inquiry and show cause notice is illegal
The disciplinary authority cannot issue a charge sheet without conducting a preliminary inquiry and giving a show cause notice to the delinquent officer. The charge sheet issued in violation of aforesaid mandatory conditions the said charge sheet is void and the delinquent officer should challenge the charge sheet before the appropriate forum.
Transmission of securities in DEMAT account: from the deceased’s account holder to his legal heir
Securities or shares deposited in DEMAT account are assets and the legal heir of the deceased account holder is entitled to inherit. If there is a nominee of the DEMAT account he cannot claim ownership because he is only a trustee of the DEMAT account. The nominee shall transfer the securities and shares stored in DEMAT account to the legal heir of the deceased account holder.