The cause of action is a bundle of facts which the court requires from the plaintiff to prove in order to get relief. This is the basis or foundation of bringing a lawsuit in the correct forum, court or tribunal. The court has three kinds of jurisdictions i.e….
Civil Matters
Can I claim compensation if engagement is broken for inappropriate reasons?
My cousin had an engagement. Can I claim compensation if engagement is broken for inappropriate reasons? Her fiance started talking on the phone. But due to her pursuing a degree course (of my cousin), she was not able to speak longer and every day. They are breaking the engagement. But we have asked them to compensate for our losses in doing engagement (1 lak). They don’t want to give any amount for engagement breakage. Under muslim law provisions what is the advice on this?
Advocate has withdrawn the writ petition without consent of petitioner
I am working as headmaster of the school. My advocate has withdrawn the writ petition without consent of petitioner i.e. me. I joined the school in April 2013. Well Before my joining, in November 2012 ,an agreement had been made by the then headmaster for construction of a Kasturba building run under Bihar education project of sarv shiksha abhiyan.
But departmental engineers made no effort to get the work started, no lay-out was done by them. When I joined the school ,the departmental engineers and the officers began to put pressure on me to start the work. Lay-out was done in june 2013. In the process, it was found that the available land was not sufficient enough to carry on construction work.
The agreement was forced to be done without the land having been measured.It was a grave mistake on part of the engineers.In that situation, a new site adjacent to the previous site was searched. It was a vast and big ditch. The then executive engineer changed the design spread foundation was changed to pile foundation, plain structure was changed to RCC structure.
Estimate was also changed.design and estimate was finalised on 17-08-2013. No fresh agreement was executed with me. Before it on 11-08-2013, Bihar government issued a new schedule of rates effective from 11-08-2013. But the estimate was prepared on the basis of rates prevailing in 2011. Between 2011 to 2013, the prices of materials and labour increased drastically.
I had to suffer huge losses on account of high increases in prices of materials and labour. It was all due to the fault of engineers on account of which the work started very late.I was not a bit responsible.
When measurement book was prepared,it was found that many works had not been incorporated despite the fact that they were in the design and the work was actually done. That again amounted to a huge loss.
I preferred a writ petition in 2018 in Patna high court to direct the department to book the MB on the basis of 2013 schedule of rates which prevailed at the time of making the estimate and incorporate all the items which were left in measurement.
But the sad fact is that after a lapse of four years in july 2022, my advocate all of sudden withdrew my case without my consent. When I asked the reason, he gave a quite vague explanation. He must have taken my consent.
I am sadly surprised how he can withdraw my case without my consent. Please guide me what I can do in that situation. I can not leave out such a huge loss. I am determined to fight my case till the last remedy available.
Case filed based on False Sale Agreement
I am 74 yrs old so don’t want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.
Bought 1 acr land in 1995. Got it mutated in 2019. During mutation son of seller raised objection claiming that it is ancestral property so should not be Mutated. Revenue officer overruled and granted the ROR in my name. This is 2019. Now, the same person has filed a false claim that: “ we had entered an agreement in 2018 that I will sell him the land for 8 lakhs and I accepted 5 lacs that time but I have not finished the deed for the last 4 years. So he is compelled to publish a paper ad warning the public to not buy the land.”
He filed a civil suit and requested the court for status quo on property. Summons not received. So right now status quo is in force. Case came for 1st hearing on 7th June but that day only Vakalat was filed and now next hearing is in September but the agenda is WS.
Since it is a false document, its examination will immediately prove that the case need not be continued. ( I have a copy of the document from which he photocopied the signature. He is dumb so copied a couple of my hand written lines also along with signature. So actually it should be a Open and Shut case) Seeking your advice ( More on court procedures ) to quickly finish the case if any way is possible in your view.
Can I request court before the next hearing that the case is based on False document so it should be sent to Forensics. If it is not possible then can it be stated in WS in the next hearing? Will the court read WS that time or will it read during 3rd hearing only and THEN it will be sent for FSL? My case alone is scheduled for next hearing after 3 months but all cases on that day were placed within 45 days so some foul play seems to be there to extend the case beyond my lifetime if possible. Dates are allotted by court or a babu in the court office?
To hasten the case , would it be wise to file a criminal private case with the Magistrate for forgery and contempt for misleading the court based on forged documents? Will the Magistrate dismiss the appeal straightaway saying that a civil case is already on? Police refused to accept the FIR of forgery so I have sent a petition to DSP to look into it. Because it is a false case I do not want to go in for a compromise to settle it fast.
Do you have any other way for a quick turnaround? Do you have any views on how to hasten the court decision? Generally how much time will such a case drag?.
Can a daughter be deprived of the share in property in absence of evidence of parents’ marriage?
I am the daughter of my parents’ second marriage. The son of the first marriage is trying to mutate all properties of my father in his name only. Can a daughter be deprived of the share in property in absence of evidence of parents’ marriage? I have no evidence to prove the marriage because my parents had no marriage certificate. My stepbrother takes a plea in the civil suit that I’m an illegitimate child. He said that my father had only one marriage and he was born out of wedlock. Can I claim a share in my father’s property even if I have no evidence of marriage?
Legal action against the authority for holding an inquiry against a person for sexual harassment
One of my male faculty and his lady student developed a friendly relation and exchanged WhatApp chat for the last one year on all issues, decent/indecent, appropriate/inappropriate everything. She shares her family picture and one or two DPs on demand. The girl student (adult) never raised any objection to any messages of the faculty, never blocked his cell no and never complained to the highest authority of the college and always reciprocated.
Always praised him as a good professor, good person in an open forum in presence of other faculty. Even on New Year and on festive occasions wished him with good health, happiness and prosperity. Last one year was pandemic time and all exams of the university were held in offline mode. She did not face any problem to pass the exams. Now the university decided to take the exam in offline mode and from then on this particular lady started using bad mouthing against the professor.
Professor blocked her WhatApp account in his cell. Thereby this lady student placed a complaint before the highest authority of the university along with screenshots of several exchanges. In her complaint she categorically mentioned that as she denied proposals of the concerned faculty so HE blocked her account and therefore she is not getting any help from him in studies. She prayed to replace the faculty from the particular subject.
Although in her complaint she never mentioned the word HARASSMENT or SEXUAL HARASSMENT. On receipt of the complaint Secretary of my college (Administrative head) referred the matter to “Sexual harassment enquiry committee (ICC)” of the college and presiding officer of the committee called both the professor and the student in a committee meeting hurriedly arranged without giving official notice.
Professor was neither called officially to appear before the committee members nor given any charge sheet. Copies of screenshots were distributed, by the presiding officer, to committee members through WhatApp (most probably as per instruction of the Secretary). As a result all these went viral. Further the Secretary conducted several close door meetings on the issue with many non-committee members and thereby there is now full Breach of Security to sensitive information.
The concerned faculty and the student both appeared before the committee. But the professor was not allowed to cross examine the lady student. After “ICC” Secretary of the institute from the concerned committee member and is now giving tremendous pressure to all to write the minutes of the meeting in such a way so that the concerned faculty could be defamed with sexual harassment.
Although in meeting the concerned student categorically mentioned that she never put any sexual harassment complaint. I, as Academic Head, immediately replaced the faculty from assignments of the class where this lady is a student. My question is 1) Are there any remedies for the professor? 2) What action could be taken against the Secretary & Presiding officer for facilitating Breach of security of sensitive information?
Where to file a case when an armed forces officer is illegally dismissed from the service?
My younger brother is an officer in the armed forces. He was detailed in the ground duty where some miscreants came in the camp and fought with the jawans. The incident happened when my younger brother had detained a local person for carrying illegal weapon made in Pakistan. That local person was very influential and a lot of people assembled and came to the camp.
There was no adequate arrangement for tackling this kind of incident. Hence, my brother ordered the jawans to fire on the mob. Resultantly five people died. The chief took the cognisance of this incident and dismissed my brother from his service and sentenced him to jail for two years. I want to challenge this order. Where should I file the case?
Can a married daughter get a compassionate appointment after the death of father?
I am the only child of my deceased father. My father was an engineer in the public works department. He died during his service and he had no other child. I am twenty nine years old and I am a postgraduate. My husband is a teacher in a private school and is giving private tuition. He is also a postgraduate in economics. We have two children. In this scenario can a married daughter get a compassionate appointment after the death of father?
Can the tehsildar issue a succession certificate?
Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father’s insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?
Society is not allowing me to fix a wall mounted shoe cabinet with the wall
Hi, In our building flat owners are cluttering the corridors by keeping their shoes and movable wooden shoe cabinets. I have fitted a small Metal Wall Mounted Folding Show Cabinet on the wall, to keep my corridor clean. Society is not allowing me to fix a wall mounted shoe cabinet with the wall.
The backside of the wall is my bedroom. Some flat owners are ordering that nothing can be fitted in the corridor wall, I can only keep movable shoe cabinets. Is this justifiable?