Civil Matters

Bank initiated recovery proceeding – How to defend?

I have agricultural land in Bareilly and against which I had taken a loan from Bank of Baroda (Bareilly) for Agricultural activity. The bank has sent a recovery notice under SARFAESI Act because of some reasons for the loan. Sir, How to defend when the bank initiated recovery proceeding under SARFAESI Act? The loan has gone Non Performing Assets (NPA) and the bank has initiated legal proceedings. I wish to pay the bank but currently do not have the funds to pay off. I wish to dispose of the property and pay it to the bank but I do not want any legal proceedings.

Phone tapping in India under Indian Telegraph Act

I am a social activist and fighting against the discriminations of poor people in India. My question is relating to phone tapping by the Government of India. Due to my social activity government is facing problem. I identified that someone is tapping my phone to gather evidence. I want to know how to tap phone calls in India? It is a breach of right to privacy. I have a right keep my privacy secure but government is violating it. How to know if my phone is tapped by government?

However I am using Jio and Airtel SIM cards. Both are private cellular providers. So does is possible to keep my phone on surveillance? This is a gray area of our society that when an underprivileged person is trying to rise the government agencies start suppressing them. My phone calls are under the scanner of the government and I’m very much afraid about the security of my life.

Charge sheet without preliminary inquiry and show cause notice is illegal

I have been working in the Postal Department since 2011. My past service record is very neat and clean in all respects. My senior officer did not sanction medical leave and stopped my salary for two months. He is also a disciplinary authority and he issued a charge sheet without preliminary inquiry and a show cause notice. I am facing mental harassment by a government officer who is very rude and treats his subordinate officer as a slave.  

One day when my illness became worse (there is some problem in my cervical spine and that is why I am suffering from cervical spondylitis), I applied for leave from home as my condition didn’t allow me to go to the office. My employer asked me to submit medical documents and I submitted the same, but he didn’t grant my leave and asked to join the office. Otherwise disciplinary action may be initiated against me. He also sent my medical documents to the CMO office for a second opinion.

He sent me three back to back notices directing me to join the office, but I didn’t join due to my health. I am assured that I will join the office as soon as I become fit. In spite of this, he served a charge sheet to me for submitting representation within 10 days. More importantly the opinion of the CMO is still pending.

I want to ask if my department gives me a punishment order or any other punishment like transfer etc. Can I file a court case against the department? Besides, can an OA or WP can be filed against them for not granting my leave and for holding my salary in spite of submission of medical documents?

Transmission of securities in DEMAT account: from the deceased’s account holder to his legal heir

My sister is the legal heir of her husband’s demat account. Her husband died on 12-02-2021. His father is the nominee of his DEMAT account. My sister wants transmission of securities, bonds, shares in the demat account to the legal heir after the death of the account holder (husband). Since my sister is the sole legal heir of the deceased account holder but her father in law is claiming his ownership on the securities kept in DEMAT account. How can my sister get the share of the Demat Account of her husband or encash the securities where the nominee is her father in law? Please advise.

Contempt: non compliance of ombudsman’s order

I had filed the case in ombudsman against LIC of India in which award was passed(on 28.08.2019) in my favor but LIC did not follow that and told me that they are going in high court against it but it’s been more than 11 months since any action has taken from LIC or ombudsman. What to do for non compliance of ombudsman’s order? I have complained about this to both the authorities but no resolution has come up. No PIL no. has been shared with me by LIC.

Government is constructing a public road on my land

I have my house in the village of UP. There is a construction of a road under (MPLAD Scheme) in front of my house which is my land. A few of my neighbours are threatening my family for the construction of a public road. I have the documents to prove that the government is illegally constructing that public road on my land. What should I do to stop this?

Parents right on choosing life partner for their children

In one family, parents gave their whole life to improve the life of children. But after getting a job children defied all the advice of parents and married a girl according to his choice. Parents are losing a right to choose a life partner for their children. Can parents don’t have any say in fixing the marriage of  their boy?

Can I claim interest on the money given to my friend

I gave 18 lakhs to my friend for his export business via a bank account. For assurance I took 5 cheques equivalent to 18 lakh. And 10 blank documents paper nothing written on it just signature. He assured me profit about 2% monthly. And he exported goods to Qatar worth rupees 40 lakhs to his Qatar firm. As per RBI norms within 8 months he had to regularize with payment. He didn’t bring back the money yet. He didn’t give me a profit share and did not return the principal amount. 

He didn’t have any fixed asset in India. How do I can pressurize him. Other than cheque bounce case can I report any other case. Like he took INR to Qatar not to bring back kind money laundering. He says he met loss and can’t give back his family financially. We are both from Kerala and now he has moved to Kolkata. How I can pressurize him. He is aware about cheque case but he thinks it will take many years to compete. I gave him from overdraft I was unable to make payment towards my OD.

Agreement to install a mobile tower

I have made an agreement previously for installation of a Mobile tower with the M/S ATC Telecom Infrastructure P.Ltd Secunderabad on my building. In this regard, the colony people filed a Writ Petition before the High Court objecting the erection of Tower on my building by showing the unauthorized construction of the 2nd floor of the building. Considering the said Writ Petition the High Court has issued orders to the Municipal Authorities to take necessary action as per law on my unauthorized 2nd floor. 

Accordingly, the Municipal Authorities came to the building and demolished the 2nd floor partially, which caused financial loss and also loss of social prestige to me. It is also a huge financial loss when the Municipal Authorities will take action as per the rules. At the same time the colony people are also objecting to the running of the Tower in my building.  The colony people will withdraw W.P. when I cancel the agreement with ATC. At this time, what will happen when I cancel the agreement with ATC company, and future any problem with Municipal Authorities to my building 2nd floor.

Owner does not returning money in agreement of sale

My father purchased 2 and a half acres of agricultural land in our village and had an unregistered agreement of sale from the seller last year in the month of Feb 2020 and upon Contract, we have given them 10.5L Rupees as an advance amount. The sellers are 7 brothers and out of the six members in need of money and sold the land through contract. The one elder brother did not sell his part of the land but was given permission to sell their share of land (this is seven brothers’ joint property). However, In contact, they had a time period of 5 months for the execution of the sale deed. That did not happen due to covid-19 lockdown (as they said).

In the meantime unfortunately the elder brother has died and his sons started opposing it. Previously they had sold the land for which they did not receive their share of the money which they claim. Now they have filed a civil suit which claims this whole land belongs to them. Moreover, their father did not raise this concern at the time of agreement (It is a fake case just for enmity).

So we keep asking them for the execution of the sale deed but they are giving false promises, Please provide us the suggestion on what we can do now.