Civil Law Cases

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...

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

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.

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.