Advice on Civil law

Forfeiture of gratuity without held guilty

I am a retired government servant. A departmental proceeding was pending at the time of my retirement. Therefore, the competent authority had forfeited my gratuity without holding me guilty of proved misconduct. He presented ambiguous inquiry report which is forthwith...

right to pension

I was a public servant and retired from the post of superintendent engineer. No departmental inquiry was set up against me for the alleged misappropriation of government fund from the state treasury. My pension and gratuity are stopped without any reasonable cause. It...

Indane distributor committed fraud

I am a consumer of the Indane an Indian oil petroleum gas service, i.e. Indane. My distributor committed fraud by issuing several connections without having the authority. Later on, the Indane has terminated his agency and transferred all connections to another...

SARFAESI Act: quashing of demand notice

Under sarfaesi act violation of procedure and proceeded for property auction. In possession notice, date of demand notice was incorrect. Moreover, under 13 (3--A) bank has not responded for the representation given on the demand notice. How to quash or stop the notice...

what to do when children causing nuisance in night

I am living in an apartment with my family. I am disturbed by kids making loud noises when they play in the corridor of the apartment. There is no play time for them, and they play till 10 pm sometimes. There is a play area in our apartment which has ample space for...

How to set aside ex parte decree passed in civil suit

The civil court has passed an ex-parte decree. I came to know about it from other sources. What is the remedy available against this decree? Can this decree be set aside? Question From: Civil Law You should immediately move an interlocutory application for restoration...

Injunction against unnecessary disturbance causing by neighbour

Our neighbour is causing an unnecessary disturbance by claiming that we have built an illegal construction and have blocked his way. Whereas, in reality, he has extended his house wall towards the road thereby blocked the access of the main road. Thereupon my dad...

Step mother sold joint family property

My father has made a gift in favor of his second wife who is my stepmother thereupon she took possession over the property. She sold that property to his son-in-law thereafter my step-sister erected a house thereon. The property gifted was probably our joint family...

Enforcement of arbitration clause against unregistered firm

How to enforce arbitration clause bearing in the agreement? Question From: Property Law If partnership firm is unregistered, its partner cannot file any suit against the firm for the enforcement of any right. As well as an unregistered firm cannot file any suit...

Interlocutory order

An interlocutory order has passed by the high court. I have filed a writ petition for the stay of my transfer in the last month of the year. The assignment was motivated by a local politician for harassment. The high court accepted my writ petition but did not pass...

Stay of transfer

Hello, an officer has transferred from our district who is very good and honest officer. We are very happy because he had taken control over the crimes. But due to unfavourable with the present government he has been transferred. We have decided to file a petition...