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 Rent rupees eight thousand and rupees five hundred for water. I have requested him many times to please provide the basic amenities. But he refused and told me that you have to live in this condition only.
This house is not inhabitable and there is water scarcity. I want to leave this house and see another flat for rent. Therefore, I request my landlord to return my advance amount because I want to change this flat. He wants to keep me there forcefully and take rent on the first date of each month. I am suffering huge mental agony and pressure from the landlord. Sir please guide me what I should do to get rid of these things.
You should file a complaint before the rent controller for taking an excess amount as advance. The landlord can not take an advance rent for admitting a tenant. Section 4 of The Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 prohibits the landlord to take premium or advance.
Taking premium or advance is an offence under section 31 of the Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972. The landlord will be punished with imprisonment of a term which may extend to six months.
Lodge an FIR
You can also file a first information report against the landlord for the offence of cheating. The landlord has induced you on the false promise and has taken a huge amount as an advance. This amounts to cheating under Section 415 of the Indian Penal Code (IPC).
This house is not inhabitable so you should leave this house and take advance money from the landlord. File an FIR for the offence of cheating and a complaint before the Rent Controller for taking eight months rant as an advance.
I want to know whether one co-owner can sell a land without actual division when there are five co-owners. A registered Will contains names of only five brothers. This property has divided equally in all 5 brothers. Grandfather & grandmother both are no more. My grandfather owned one big piece of land on the highway (purchased by himself). He had 5 sons & one daughter. Before his demise, in 1994, he had registered his Will. In the registered will he has divided this property between his 5 sons only.
Sons & daughters Name are :- A (Son) B (Son) C (Daughter) D (Son) E (Son) F (Son). In this sequence, B (Son) has done two marriages. Son B, has 1 daughter from first marriage. & two sons from second marriage. Son B has registered one case for division of this land and along with that his daughter has raised the case for share in this land from his division.
In the records of rights (jamabandi) for land, the names are specified of only 5 sons of my Grandfather (A,B,D,E & F). Can son A sell his part of land before the division of land ? Whether any chance that Daughter can claim a share in this land? Is there any chance of issues raised by other parties in selling part of land by Son A. Is there any chance of cancellation of sales deed and registry when son A wants to sell his land.
There are five co-owners and all have joint possession. Therefore it is impossible to sell the share of one owner without affecting the actual division. The property must be definite at the time of sale. Its boundaries, area and ownership should be well defined in the sale deed. Without partition you cannot claim that you are the owner of a particular portion of land.
You cannot sell the land without partition
You should first divide the land before sale and demarcate boundaries and area for each owner. Thereafter you can sell your land. This process is mandatory otherwise the sale deed will become void. The other co-owners can sue the purchaser and refuse to give him possession over the land.
Can a daughter claim her share?
No, in this scenario the daughter cannot claim her share in the property. Your father had already divided the property among the sons. The amendment of Hindu Succession Act (HSA) does not apply in your case. Section 6 of the HSA confers coparcency upon the daughter. Therefore, the daughter gets share in the ancestral property by birth.
This property has already been divided before the coming into force of the amendment Act. Therefore, the daughter has no right to claim share in this property.
Cancellation of sale deed
If you sell this land without partition the co-owners will sue the purchaser and file a civil suit for the cancellation of sale deed. Without partition you cannot claim which portion of land belongs to you. Your possession is not defined yet. Hence, you cannot sell the land.
I am doing a business of terrace farming. My friend is a partner in my business. He does not help me but comes on each week to take his share in profit. Yesterday he filed a false criminal case of cheating in XXX police station. He has alleged in the FIR that I have invested his money in the share market and earned a lot from it. actually he wants more money and when I have refused to give then he has filed such FIR. Sir, please guide me what I should do?
The facts of your case suggest that ingredients of cheating are missing. You both are running a business in a partnership firm. Your friend is continuously getting profit from the business of the firm. Thus there is no deception or inducement from your side.
He cannot prove that you have induced or deceived to deliver money from him. Section 415 of the Indian Penal Code (IPC) defines cheating. According to section 415 IPC these are the essential elements:
- There should be deception of a person
- Accused has dishonestly induced the person to deliver any property or valuable things in the course of such inducement.
The above elements do not exist in your case. Therefore, the criminal proceeding will not be sustained. In the circumstances of your case the High Court will quash this first information report (FIR).
Court will quash the FIR on the ground of civil nature dispute
There is a partnership firm in which you and your friend are partners. If any dispute arises in the course of partnership firm or business of firm then it would be a civil dispute rather than criminal offence [Murari Lal Gupta v. Gopi Singh (2005) 13 SCC 699]
Your partner has abused the process and by manipulating the facts he has lodged an FIR against you. That FIR and criminal prosecution is an abuse of process of the court. Hence, you should approach the High Court for quashing the FIR and drop the criminal proceeding.
The Supreme Court has laid down seven golden rules for quashing FIR and your case comes under one of them. No offence of cheating has been made out from the facts of your case. Therefore, you should move a petition before the High Court under Section 482 crpc. In In Alpic Finance Ltd. vs. P. Sadasivan & Anr. (2001) 3 SCC 513 the Supreme Court has quashed the FIR on the ground that the case is related to civil nature dispute.
The employer cannot withhold your salary. You have been on sick leave after taking proper permission from the employer. There is no fault from your side and you have not committed a breach of contract.
Your employer knows that you are ailing hence, he must release your salary for the period to which you have worked for him. According to Section 2(s) of the Payment of Wages Act, the term salary or wages means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment.
You have earned your salary and the employer benefited from your work. It is thus responsible of your employer to make payment of all wages required to be paid under the work agreement. Your salary is not a bounty and the employer cannot exercise his discretion to pay or withhold your salary.
Send a legal notice to the employer for payment of salary
You should immediately send a legal notice to the employer and demand your salary. If he denies or does not reply to your notice within a reasonable time then you should file a complaint before the Industrial Tribunal.
Delivery of inventories is a separate issue and it does not relate with the payment of wages. You are still his employee because the employer did not terminate your service. Therefore, he cannot withhold your salary in lieu of office inventory.
Can the builder execute a conveyance deed after a long time? My grandfather bought a property in 1986 in Mumbai with a total of six flats. Developers own 3 flats and 3 flats he sold to different individuals. The agreement is not registered and stamp duty is not paid because we don't have enough members to form a society. Is the conveyance deed possible without builders' help?
Minimum seven members are mandatory for the formation of housing society in Maharashtra. There are only six flats and four members in your apartment. It is impossible for your builder to form a housing society.
Therefore, your grandfather should not have been waiting for the forming of society to get execution of a sale deed. You should force the builder to execute a sale deed or file a declaratory suit.
Can the builder execute a deed of conveyance?
Yes the builder has no other option except to execute a deed of conveyance. You have been living there since 1986. More than thirty four years have gone and your builder has not raised any objection against your possession. Your possession for such a long period is enough to get a declaration of your ownership.
In the course of a declaratory suit and getting a decree of the court you can compel your builder to execute a sale deed. In your case the sale deed is a mere legal formality but it is necessary to retain your ownership in case of demolition or redevelopment of property.
Thus in this scenario you should compel the builder to execute a sale deed and give fifty percent share in the property. It is your right to get a share certificate because the valuation of your flats are deteriorating day by day. But the valuation of property is increasing. Hence, get fifty percent share in the property either by share certificate or inserting the terms in the sale deed.
The civil court has erroneously passed a stay order on my land. I have purchased a 210 sq mtr plot from a 568 sq mtr land owned by Mr. X in Nov 2020. there was no legal issue on land at the time of registration. Thereafter, Mr X is having a dispute with Mr Y over a path of 15 sq yd at the end of the property from which we bought a piece of land. Please remember this disputed path is on the other side of the remaining land of our land owner.
This disputed path has nothing to do with our land, it's at the opposite side and in between Mr X remaining land and Mr Y showroom. Now Mr Y has filed a legal case in civil court by also making us a party in that case. We were doing construction when Mr Y took a stay order. They claimed in the case that Mr X is trying to take this path forcefully.
However the dispute is totally on the path but still we are dragged in this case and our construction is being stopped. Next hearing in Meerut civil court is on 11th Feb 2021. We have appointed a local lawyer to overcome this stay order but till now he is not able to do so.
We want to know our available legal options to get out of this nonsense as we have nothing to do in it. Kindly suggest if we can directly go to high court to cancel this stay order specially on our part of Land. Mr X and Mr Y can continue to fight over the pathway between their property . Please suggest.
You should file a petition before the High Court under Article 227 of the Constitution of India. The civil court has erroneously passed a stay order whereas there is no dispute on your land. Your title is clear and the plaintiff did not claim any right against you.
The court will issue a notice to the opposite party to file a counter affidavit. Your title is clear and you did not encroach the property of opposite party. There is no dispute on your land. The disputed property is a pathway and situate at the other side of your land. In this condition the opposite party cannot satisfy the High Court that you are encroaching his land hence, stay order is proper. Thus the High Court will vacate the stay order.
Move an application for deletion of your name from the civil suit
You have been falsely and maliciously made a party in that civil suit. Before filing a petition before the High Court you should move an application before the civil court for deletion of your name from the civil suit.
The plaintiff is not entitled to claim any relief from you because there is no dispute in respect of your land. It is a violation of Order 1 Rule 3 of the Code of Civil Procedure. If the civil court does not delete your name and take back the summons then you should move a petition before the High Court. Plaintiff is your neighbour and he is causing nuisance by illegally interfering in the right to enjoyment of property.
The civil court has erroneously passed a stay order on my land. I have purchased a 210 sq mtr plot from a 568 sq mtr land owned by Mr. X in Nov 2020. there was no legal issue on land at the time of registration. Thereafter, Mr X is having a dispute with Mr Y over a path of 15 sq yd at the end of the property from which we bought a piece of land. Please remember this disputed path is on the other side of the remaining land of our land owner.
This disputed path has nothing to do with our land, it's at the opposite side and in between Mr X remaining land and Mr Y showroom. Now Mr Y has filed a legal case in civil court by also making us a party in that case. We were doing construction when Mr Y took a stay order. They claimed in the case that Mr X is trying to take this path forcefully.
However the dispute is totally on the path but still we are dragged in this case and our construction is being stopped. Next hearing in Meerut civil court is on 11th Feb 2021. We have appointed a local lawyer to overcome this stay order but till now he is not able to do so.
We want to know our available legal options to get out of this nonsense as we have nothing to do in it. Kindly suggest if we can directly go to high court to cancel this stay order specially on our part of Land. Mr X and Mr Y can continue to fight over the pathway between their property. Please suggest.
As per the terms of your resignation and the completion of the mandatory notice period, the company is obligated to issue a no objection certificate (NOC) as you are no longer an on-roll employee and have no outstanding dues. However, the company's failure to provide the NOC is causing you undue harassment and preventing you from seeking other employment opportunities.
It is recommended that you send a legal notice to the company demanding the issuance of the NOC. You should also indicate in the notice that failure to provide the NOC may result in legal action and a claim for compensation.
Also read: Termination without notice is invalid
File a complaint before the Tribunal
You may also request the tribunal to direct the company to issue the NOC immediately and to compensate you for any losses incurred due to their delay in issuing the NOC. The tribunal may also direct the company to pay damages for harassment and loss of income caused by their refusal to issue the NOC.
The tribunal shall issue a notice to the company and seek clarification from the company. You adduce all the evidence regarding
- Appointment letter
- Tenure of service
- Completion of notice period
- No dues certificate
- Copy of legal notice
The right to livelihood is an important aspect of the fundamental right to life and personal liberty under Article 21 of the Constitution of India, it is important to note that this fundamental right is subject to reasonable restrictions imposed by law. In the case of a NOC, while it is true that the company cannot unreasonably withhold it and cause harm to the employee's livelihood, there may be certain contractual obligations or legal provisions that may need to be fulfilled before the company can issue the NOC.
No Objection Certificate (NOC)
A no Objection Certificate (NOC) is a document issued by an employer certifying that the employee has completed their job responsibilities and is free to take up a new job or engage in a new business activity. The importance of a NOC for an employee can be summarized as follows:
- Facilitating a smooth transition: A NOC can help the employee move smoothly to a new job or business venture, as it certifies that they have fulfilled their obligations to the previous employer.
- Protecting against legal liabilities: A NOC can help protect the employee from potential legal liabilities, such as breach of contract or theft of confidential information, by certifying that they have fulfilled their obligations to the previous employer.
- Improving employability: A NOC can demonstrate to potential employers or business partners that the employee is a responsible and reliable professional, improving their employability.
- Facilitating visa applications: In some countries, a NOC may be required for visa applications, especially for work visas.
It is important for the employee to request a NOC from their employer before leaving their job, and for the employer to issue the NOC in a timely manner, as per the terms of the work contract or applicable employment and labour laws.
My father purchased a flat on the basis of agreement of sale. That agreement is not registered and stamp duty is not paid. We don't have a society, only we have the possession of a flat. Now the owner plans to go under redevelopment. Do you think we should get equal rights in the property as the owner of the building? Total 6 flats of which 3 have possession of agreement of sale and 3 are under the ownership of builder. What's the best case scenario for me.
You have possession over the flat however, the sale deed is not yet executed. In this situation you should not hand over the possession to the builder for the redevelopment work until the builder has not executed a deed of conveyance.
Currently your builder cannot dispossess you from the property because you have been in peaceful possession. You have paid the price of the flat but unfortunately its sale deed is still pending. It was the responsibility of the builder to execute the sale deed before giving possession of the flat.
Get a deed of conveyance or declaration of your right
For the protection of your right in the property, you should take a deed of conveyance from the builder. If he refuses then you should file a civil suit under section 34 of the Specific Relief Act for declaration of your right.
You can not protect your right in the property on the basis of unregistered agreement to sale. After handing over the possession without any document you cannot regain your property.
Your builder wants to take possession and demolish the construction for redevelopment. If he allotted the flat to other persons after the completion of redevelopment work then you will have no documentary proof to establish your right. Hence, execution of a deed of conveyance becomes mandatory in this situation.
My brother is a PCS officer and recently the court has convicted him under the Prevention of Corruption Act. The prosecution took sanction from the state government without following the process. Thus conviction based on invalid sanction for prosecution. The sanctioning authority did not examine the material evidence and deputed a subordinate officer to complete the sanction procedure.
The whole proceeding was conducted malafidely on the direction of the then chief minister. My advocate filed an application in the court to drop the proceeding because the sancion is invalid. But the court has rejected that application and concluded the trial within eight months. Due to lack of knowledge I could not take proper proceeding against the rejection of my application. I want to file an appeal against the judgment. Please help me.
You should file an appeal as soon as possible. Your brother is entitled to acquit because the entire proceeding and trial is vicious. If the sanction is invalid the accused has a right to challenge it at any stage of proceeding.
Valid sanction under section 19 of the Prevention of Corruption Act (PC Act) is mandatory. The trial under PC Act cannot proceed on invalid sanction. Sanction must be valid and issued in the due process.
Accused is entitled to acquittal on invalid sanction
In State of Karnataka Vs. Ameerjan (2007) 11 SCC 273 the Supreme Court has held that if the sanction is invalid the accused is entitled to be acquitted.
Section 19 of the PC Act provides protection to the public servant against frivolous prosecution. The sanctioning authority is the best person to judge whether there is sufficient evidence against the public servant to prosecute him under the PC Act.
Sanction of prosecution without examining the evidence amounts to refusal of protection available to public servants under Section 19 PC Act. It proves that the sanctioning authority has not applied his mind when granted sanction.
The order of sanction must reflect the fact that:
- The sanction for prosecution was issued by the competent sanctioning authority.
- Sanction order must be passed after proper application of mind.
- Sanctioning authority had the report of the investigating officer at the time of granting sanction.
- The report prima facie proves that the accused has committed the alleged offence.
- The material sent with the report must be sufficient to enable the sanctioning authority to take a prudent order about sanction.
- Sanctioning authority must pass the order of sanction solely on the basis of the report of the investigating officer.
File an appeal before the High Court
You should file an appeal against the order of conviction because sanction is invalid in law. If you have evidence to prove that sanction was invalid the High Court will reverse the judgment of the trial court. Your brother will get the order of acquittal form the high court.
The above conditions are mandatory for a valid sanction. Lack of any condition will render the sanction invalid. In State (Inspector of Police) Vs. Surya Sankaram Karri - (2006) 7 SCC 172 the Supreme Court has acquitted the accused on the basis of invalid sanction.
In your case, the sanctioning authority cannot depute a subordinate officer to accord sanction for prosecution. It is a violation of statutory provision. Such a violation causes miscarriage of justice.
In Karnataka through CBI vs. C. Nagarajaswamy [(2005) 8 SCC 370] the Supreme Court has held that: grant of proper sanction by a competent authority is a sine qua non for taking cognizance of the offence.
You will get justice by the High Court because conviction on invalid sanction is bad in law. Hence, you should file the appeal as soon as possible.
I want to challenge the validity of sanction for prosecution. The CBI obtained the sanction for prosecution by force and using undue means. My superior officer was working under pressure of the CBI and granted the sanction prosecution. Now I have retired and my case is still pending in the special CBI court. Can I challenge the validity of the sanction at this stage? This is very crucial for my case because this sanction is invalid and illegal.
Section 19 of the Prevention of Corruption Act (PC Acct) specifically prohibits cognisance without sanction. The sanction must be legal and issued in following due procedure. Validity of sanction is the most vital part of prosecution under the PC Act.
If there is any defect in sanction the court will discharge the accused at the trial. Why does the court discharge the accused instead of acquit? When the sanction is defective it renders the cognisance invalid consequently, the entire trial becomes void.
Thus in absence of a valid cognisance the court discharges the accused. The court cannot convict the accused on invalid sanction.
Can I challenge the validity of sanction at the stage of trial?
Yes, you can challenge the validity of sanction at any stage of proceeding. In Nanjappa Vs. State of Karnataka (2015) 14 SCC 186 the Supreme Court has held that the question regarding validity of sanction can be raised at any stage of the proceeding.
Sanction is a statutory protection of a public servant. It protects the public servant from a malicious prosecution under the PC Act.
Also read: Prosecution sanction is not necessary for retired public servant
In N.K. Ganguly vs. CBI, New Delhi (2016) 2 SCC 143 the Supreme Court has opined that sanction under Section 19 of Prevention of Corruption Act is necessary to see that a public servant is not entangled in a frivolous and false case.
You should file a discharge application
It is the duty of the court to examine the validity of sanction for prosecution. If the court takes cognisance on defective sanction the whole proceeding becomes void. Therefore, the accused accrues a right to be discharged.
In Nanjappa Vs. State of Karnataka (2015) 14 SCC 186 the Supreme Court has held that where the sanction order is found to be invalid, the Trial Court can even discharge the accused.
You should move a discharge application as soon as possible. Discharge application is maintainable at any stage of proceeding.
