Civil Matters

Arbitration in respect of non-arbitrable issues

Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the drainage.

My engineers have committed errors in finding slope and constructed drainage up to seven kilometres in length. One supervisor team found that mistake and directed the company to stop the drainage work immediately. In the work agreement no arbitration clause is existing regarding the compensation in respect of fault in the decision making process. 

But the company has filed an application under Section 11(6) of the Arbitration and Conciliation Act 1996 for the appointment of the arbitrator. The agreement is silent towards the compensation if fault is committed by the party. What should I do and what action is possible in the present circumstances?

My company has been suffering huge losses due to mistakes. The officers of the concerned department were not brought to notice until the supervisor is unveiled in his report. This is also the fault of the concerned department. It has the responsibility to check and inspect the work and intimate my engineers.

All payments are stalled and the department is not ready to clear a single cheque. If the same things persist the department can blacklist my company. Then I’ll not receive any tender from the government department. Please help.

Mud road on my land :  How to get it back?

Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to me. Can I put a fence in the middle of the road?

Can mother execute a registered will

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Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1 sister. My brothers are not taking care of my mother. 

My mother wants to give me a major portion (75%) of the property and a small portion (25%) to my sister. And my mother wants to register in a will. My father’s property is a self acquired one. He was working in SBI and built the house. Question is, will she have rights to share the property only with 2 of her children. Can the registered will (written by mother) be challenged by my 4 elder brothers. If so what precautionary measure we need to take so that my brothers can’t challenge the will.

Appointment of arbitrator under the agreement

My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement any dispute arises in respect of tender shall be decided by the Chief Engineer. But the government wants to decide our dispute through the retired judge of the High Court. Actually the government wants to rescind our agreement and appoint an arbitrator under the Arbitration and Conciliation Act 1996. 

Whether the clause of 1996 will apply in our case? Chief engineer is competent to decide any dispute regarding the public works. Retired Judge of the High Court will act under pressure of the government and also have little knowledge about the technicality of tender. Therefore, please advise how to get appointment of an arbitrator through the court and according to the tender agreement?

Private security company not paying provident fund to its employee

The private security company is not paying provident fund to its employees. I am president of a welfare association of a housing society. My society has contracted with a private security company to provide trained security personnel. We need its services for the better security of our property. Currently, we are paying nine lakh rupees per month to it for the salary of security guards.

In the last general meeting, the manager of the security company raised this issue. He told us to please deduct the amount of provident fund from the company’s monthly payment. Hence, we talk to the company but it has denied any deduction. But we have decided to reduce or hold the payment to the company until it agrees to pay the provident fund to its employee. I want to know whether a welfare society can withhold the payment of a security company? Can society pay a monthly provident fund to the security guards? Please suggest.

Government has rejected compassionate appointment

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Government has rejected my application for the compassionate appointment on dying in harness rule. My father was a teacher in ITI College. He taught shorthand and typing. He was working as a daily wager because one post of teacher was vacant. There were three sanctioned posts for typing teachers. Two are permanent and one is ad-hoc. My father was working as an ad-hoc teacher. He died in Covid pandemic so I applied for a compassionate appointment for his post. I have eligibility but the government has rejected my appointment because my father was not a permanent teacher. Please guide how to get a compassionate appointment on dying in harness?

Can I ask for a copy of the service records under the Right to Information Act?

Can I ask for a copy of the service records under the Right to Information Act? Is it a private document or public document? Is there any restriction on the demand of such information towards the government employee?

Facts: I am a government employee and currently under suspension. My colleague has made a false complaint against me for issuance of an illegal permit. He informed my superior officer that I had issued a permit to a cotton trader when he was on leave. The department has initiated an inquiry against me and issued a show cause notice. I want a copy of the service record of my colleague to prove that he was not on leave.

Partial acquisition of house under the land acquisition Act 2013

Can the NHAI take Partial acquisition of house under the Land Acquisition Act? Is there any law relating to acquisition of house? NHAI has acquired my land whereon my house is situated. As per the acquisition scheme the NHAI will not acquire my entire house. Therefore, the compensation will be given to a portion of that house only which has been acquired by the NHAI. I want to take action against the partial acquisition of my house. Please guide.

How to protect my house which is given as the bank guarantee?

How to protect my house which is given as the bank guarantee? My father-in-law signed as a guarantor for a loan (to an unknown person from a loan shark). He put home papers as collateral (but the house is on mother-in-laws name, not father-in-law). My mother-in-law expired last year. My wife is the only child. What is liability towards such a loan?

SARFAESI proceedings against the co-owner of the property

SARFAESI proceedings against the co-owner of the property. I am currently fighting Divorce (since 2016) & DV (since 2017) cases in separate courts. We also have a flat in joint ownership (purchased in 2014 and I am the 1st owner) which is in his custody. In Oct 2018, I stopped paying my share of EMI in a joint account, since even after repeated requests he denied me access to the flat and threatened me. Ever since I stopped paying my share of EMI, I started receiving recovery calls for the loan EMI, society maintenance, electricity bill (which has only his name on it) and also recovery of his credit cards. 

I had already informed the bank’s loan dept. in 2019 (in writing) about both ongoing cases and also provided my number and email ID for further communications. Just last month (Nov 21), I received a call from the bank recovery dept and they informed me about the notices sent for nonpayment of EMI and that even the court would serve notice. 

I informed them that I did not receive any notice from the bank or the court pertaining to the flat. I asked them to email me the copies as I was not aware about it. I received the following documents: 1) Demand Notice under Sec 13(2); dated 6-11-2019. 2) Possession Notice; dated: 12-2-2020. 3) Foreclosure letter & 4) Account statement. It is a joint loan taken for the flat where my husband is the 1st applicant and I am the co-applicant. 

He has put up his hand stating he is jobless since 2017 and asked me to provide him maintenance. He is not even paying maintenance towards the child, even after the MM court passed an order on the same in 2018. Arrears for the same have reached Rs.3.5 lakhs. Please advise what can be done pertaining to the property? I am going through a lot of mental and financial stress. This flat is my only hope to recover something.