Civil Matters

Breach of contract

एक आदमी ने एक कंपनी ज्वाइन की जिसके अपॉइंटमेंट लेटर में एक क्लोज था :-

“You are expected to promote and expand the business of the company. you will not directly or indirectly, either solely or jointly, engage in any service or other business or profession whether during or, after the hours of employment without written sanction from the company”

नौकरी के दौरान उस आदमी ने एक सर्विस प्रदान करने बाली कंपनी अपनी पत्नी और ससुर को निदेसक बनाते हुए बनाई! उसके बाद उस कंपनी का कॉन्ट्रैक्ट उस कंपनी में करा दिया जहाँ पर वो खुद कार्य करता था ! उसने आपने सीनियर को इस संबध में जानकारी नहीं दी ! परन्तु सभी नियम और कायदे कानून का पूरी तरह से पालन किया तथा किसी प्रकार का घपला नहीं किया नियमानुसार जिस प्रकार बाकि सर्विस प्रदान करने बाली कम्पनियो को काम दिया जाता था उसी प्रकार वो अपनी कंपनी को भी कुछ काम देने लगा और इसमें उसने कोई भी पकछपात अपनी कंपनी के साथ नहीं किया तथा उस कंपनी ने भी दिए गए काम को पूरी निष्ठा के साथ पूरी ईमानदारी के साथ बिना किसी शिकायत के पूरा किया जिसको अलग अलग विभागों नें प्रतिएक बार चेक किया तथा सही पाया! जिसमें उस आदमी का कोई भी interfere नहीं था ! अब सवाल ये हैं की – 

१. उस आदमी को क्या सजा हो सकती है.

२. क्या वो आदमी धारा ४२० का दोषी होगा.

३. क्या उसकी कंपनी के डायरेक्टर्स को भी दोषी माना जायेगा

४. जो contract ब्रेक हुआ उसके लिए किया दण्ड हो सकता है !

५. क्या अग्रिम जमानत की आव्यसक्ता होगी.

६. यदि हो तो कोई रेफरेंस केस भी बताएं

Disclosure of information under RTI

Can information under RTI ACT be taken regarding the degrees, name of the university where one had been reading? Roll no of the university, photocopies of the Degrees, photocopies of Service Book & ACRs of Government employees, through their public information officers.

Can the authority higher than the PIO of a concerned Government employee ask for the above-said information of the Government employee under RTI act or direct the PIO to supply directly the information to the RTI Activist. Are these things be named as personal information and is there any exemption Under RTI Act or Not.P lease explain in detail and Lucid/simple way.

Unregistered agreement to sale

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My friend has made an unregistered agreement to sale on Rs. 100 stamp paper. He did not ready to purchase my land on the price mentioned in the agreement. After five years from the date of such agreement, I sold that property to another person. My friend is...

Unauthorised Leave

Sir, If anyone working in State Bank Of India at a clerical post applies for UPSC or State civil services are it necessary to take prior permission of competent authority for appearing said examination, if not taken and applies for two days of casual leave to appear the said examination.

Can his leave request be denied and will be asked to show the permission of competent authority by branch manager for appearing said examination at the time of sanctioning leave. If the employee went after the rejection of their leave and appear the examination.

Can his absence in-branch be taken as unauthorised? What are the guidelines regarding this and how to prove that this leave was right and it can’t be counted unauthorised?

Insurance company committed fraud

I am a school teacher in middle school. I took an insurance policy for my two children and my wife. Insurance policy is for medical treatment up to 2 lac in selective hospitals. According to the policy, it covers all the critical diseases mentioned in the policy.

Insurance agent explained the terms of policy and said that insured person can avail this policy after the expiration of one month from the date of commencement of the policy. My child is suffering from heart disease.

When claimed medical treatment of my child under the policy it was refused by the insurance company that I was not stated health condition of my child at the time of insurance. Please help.

Land acquired by collector

I am a resident of a district dominated by tribals in Maharashtra. My grandfather purchased land from a tribal member on consideration in the year 1963. We have been on possession of the land till the year 1982 but a collector of our district sent a notice for acquisition of that land and acquired it without giving a due price of the land and without our permission. No other tribal is ready to buy this from the government so I filed a case for regaining of it from the government. My request is rejected by the collector and that property vested in the government. What should I do for getting it back?

Rejection of plaint

According to section 4 and 5-A of Maharashtra Restoration of land to Scheduled Tribes Act, 1974 a land purchased from tribal owner by a non-tribal between 1957 to 1974 is entitled to restore in the tribal person by the order of collector. The collector is empowered...

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?