Civil Matters

Right to irrigation of agricultural land

I was Bataidar of the agricultural land of Solan, Himachal Pradesh. I had been Bataidar from 1967 to 1977 and thereafter I purchased that land from the owner. There is a common well for irrigation of land. When I was bataidar I used that well for irrigation but when I became the owner of the land my previous landlord objected to using that well. He filed a civil suit for the injunction order for stopping me to use that well.

I have right to irrigation of agricultural land because due to irrigation I have paid more money otherwise the land would be sold on less price. His suit is dismissed by the court of the junior and senior division. Now he filed an appeal before the high court. Section 36 of the H.P. Tenancy and land reform act gives such right to me.

Cancellation of contract

My company had signed a contract with another company for digging the land for construction of railway lines and rail bridges. At the time of the contract, all the terms and conditions were finalised by the other company. Other company published a tender for the construction work.

My company was the only one company selected for that work through tender. It is mandatory for the company to take the permission of the forest department which was refused by the said department.

So I want cancellation of the contract on the ground that when permission is rejected by the government so work cannot be initiated but the other company file a suit for breach of contract and compensation for the cancellation of the contract. What should I do?

Does development authority come under consumer forum

Five shops were allotted by development authority in the year 2001 and I deposited almost 50% amount but after 3 years of allotment construction work is stopped by the authority by saying that permission of the government regarding the development area is under review. I have stopped to pay a further instalment, the authority sent a notice to me with a direction to deposit due amount in next 6 months otherwise allotment will be concealed. I want to file a case before consumer forum so I want to know whether my case will be maintainable or not.

Injured in car accident

I booked a radio taxi on 25 September 2015 from Amousi airport to Gomti Nagar. In a midway taxi driver told that his friend is waiting at VIP road and I want to go with him but I can arrange another radio taxi who may drop you at your destination. I agreed and he arranged another radio taxi.

That driver was drunk and he running the car in a rash. I met an accident and got a fracture in my chin. He drifts his car in the truck and blown a screamed sound from the engine. Sudden hitting in the truck and drifting in divider created a huge shock in the car and myself struck with the dashboard.

I complained about his actions on the customer care number. This radio taxi is operated by a corporation which is an agency of the Uttar Pradesh government. Can I get any compensation from the government? What is the procedure for compensation? Is there any penal provision for car driver?

Tenant not deposited due rent in eviction suit

I filed an eviction suit for eviction of the tenant on several grounds and non-payment of rent is one of them. The suit is filed under section 12(1); 12(3)(a); 12(4) Bombay rents hotel and lodging-house rent control act 1947. The tenant has not been deposited due rent on serving many notices to him in the last three years.

I need that house for residence because I am about to retire from a job. On repeated notice to him he reluctant to pay rent and also seek possession on the house by hook or crook. He complained in society about stopping basic facilities in house, demanding undue money for various purposes.

I want to know that if he’ll deposit due rent at any stage of proceeding can he get the protection of section 12[3][a] of said rent act?

Compensation under M V Act after death of son

My son died on 12 April 2015. Me, my wife and one daughter are dependent. My son was self-employed but unmarried. He was 29 years old at the time of death. I have filed a petition under section 166 M V Act for compensation and claim about 98 lakh. He declared 30 k per month income in his ITR and pay income tax also. Can I get 98 lakh as compensation?

Government initiates recovery from pension

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A Punjab Govt employee was guilty of embezzlement of govt money in departmental inquiry and punished with the recovery of pecuniary loss caused to the govt. to the extent of 20 % (cut in pension ) for 5 years was being made from her pension. Now She was dead.

Now the issue was whether this govt.money can be recovered from her own pension and family pension also. If the family pension is claimed by legal heirs Can pecuniary loss cause to Government be recovered from Legal Heirs?

Eviction of old age tenant

I and my wife ( both 75+yrs old) have been renting this house for the last 25+ years. We, old age tenant, live in Chennai and have no other property. The original owner died and his sons are wanting possession of the house. Is there any compensation we can expect from them and if so how much can we expect. Do we have any other rights as tenants of this property? Thanks

Tenant filed a false suit against landlord

My tenant has filed a false suit in civil court when I gave him the notice to vacate my shop. He has not been paying rent since march 2014 and on repeated request to vacate my premises he always took time. In November 2014 I sent him a notice to vacate my shop but he filed a civil suit immediately after receiving the notice.

There was an agreement of lease and license for 11 months tenure and it is included that after the expiry of tenure he shall be treated as a trespasser. I obtained his signature on the agreement. He took the plea that after the expiry of agreement landlord has been receiving rent every month. So tenancy is extended by his conduct.

But I have not received any rent after march 2014. I want to take back possession of the shop. What should I do?