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...
Civil Law Cases
Our advice on: Civil Law Cases & Service Law Matters
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...
Refused leave on pending departmental inquiry
When the probability of conviction in departmental inquiry is bleak or the allegations made in charge sheet are bald then the concerned authority should not refuse your leave application. The applicant should approach the Central Administrative Tribunal for quashing of the order of refusal of leave application.
Execute foreign divorce decree in India
A decree passed by a competent foreign court is executable in India under Section 44-A of the Code of Civil Procedure (CPC). If the foreign decree fulfills the conditions of section13 of the CPC, the decree holder can file an execution application before the District Court within whose jurisdiction he resides.
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.
Contempt: non compliance of ombudsman’s order
The High Court has power to punish a person who violates its order or the order of its subordinate court. The ombudsman does not come under the purview of a subordinate court hence, contempt proceedings cannot be initiated against the person who has intentionally flouted the award of ombudsman.
Government is constructing a public road on my land
Government cannot construct a public road on private property. Right to property is a Constitutional right under Article 300A of the Constitution of India. The aggrieved person can approach the High Court under Article 226 of the Constitution to pass a writ of mandamus and stay the construction work with immediate effect.
I want to marry with my boyfriend at any cost
Marriage is a personal decision of a person. No one can force him to marry if he does not want to. In the Shakti Vahini case the Supreme Court has held that the right to choose a life partner is a fundamental right and no one can compel an adult person to marry with a particular person or a person of his choice.
Parents right on choosing life partner for their children
However, parents have a right to choose a suitable life partner for their child but they cannot compel him in this regard. Right to choose a life partner is a fundamental right and parents have to respect this right.
Can I claim interest on the money given to my friend
You can claim interest upon the money which you have advanced to your friend. But you cannot claim interest at the commercial rate. Section 34 of the Code of Civil Procedure provides you a right to get interest on the amount from the date of filing of suit to the date of decree.
Can bank terminate my service on leave without permission
Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to Feb. and from may to Jul. I...