Top floor owner wants to erect an illegal flat without permission of the development authority. I am residing in a flat which is a 5 story building. The top story is in the ownership of a private limited company. That company wants to erect another floor without taking prior permission of the development authority. We are separate owners of 4 floors. Each floor has 6 flats, therefore, 24 flats owners are at risk of demolition if the company erects another floor without necessary permission from the development authority. Sir I want to know in this situation what would be the best legal recourse to stop the private limited company from erecting an illegal flat?
It is not appearing from your question that the top floor owner is doing any act to construct another floor. Unless and until the company does any act which has the effect that it is going to construct another floor you cannot take any action against the company.
Planning without any overt act does not constitute an offence or an act which is prohibited by law. There is no action on the part of the company which has the tendency to prove that it is trying to convert his illegal plan into reality.
If you have evidence to prove that the company is lurking to construct an illegal floor then you can file a civil suit for passing a temporary injunction against the owner of the top floor. Without having evidence you cannot get any relief from the court in the civil suit.
Thus, it is mandatory for you to collect some evidence before filing a civil suit against the company. Because the burden of proof lies upon you to establish the fact about the planning or design to construct an illegal floor. If the company is planning to construct another floor after taking requisite permission from the concerned authority then you will have no right to object.
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Whether pulling bra in a bus constitute offence in the IPC? A lady has threatened to lodge a complaint against me because I have pulled her bra in a local bus when I was traveling to my office. However, it was accidentally pulled but that lady is threatening to face legal action. In this situation, I want to know whether pulling bra in a bus constitutes offence? Please advise.
Yes, pulling someone's bra with the intension to outrage the modesty of woman would likely be considered an offense under the Indian Penal Code (IPC). Specifically, it could be considered sexual harassment, which is a form of sexual assault, and is punishable under Section 354A of the IPC. The punishment for sexual harassment is imprisonment for a term that may extend to three years, or with fine, or both.
It is important to note that such behavior is unacceptable and constitutes a violation of an individual's bodily integrity and dignity.
Infringement of bodily or personal integrity
Infringement of bodily or personal integrity refers to the violation of an individual's right to control their own body, physical autonomy, and dignity. This includes any form of physical violence, sexual assault, harassment, or unwanted physical contact.
Examples of infringement of bodily or personal integrity include:
- Physical assault or battery
- Rape or sexual assault
- Sexual harassment or misconduct
- Unwanted physical contact, such as touching or groping
- Forced medical procedures or exams
- Unlawful detention or imprisonment
- Torture or cruel, inhumane, or degrading treatment
In most countries, including India, such acts are considered criminal offenses and are punishable by law. It is important for individuals to be aware of their rights and to seek help if their bodily or personal integrity has been violated. This may involve reporting the incident to the authorities, seeking medical attention, and seeking support from friends, family, or advocacy organizations.
A vulgar gesture for sexual advance is a type of behavior that is considered obscene and inappropriate in most societies. This kind of behavior often involves making sexually suggestive gestures or comments, or engaging in physical conduct that is intended to be sexually provocative. Such behavior can be offensive and can cause discomfort, embarrassment, or outrage in those who are the target or witnesses of it.
In many countries, this type of behavior is considered sexual harassment and is illegal. Laws and regulations may vary, but they often prohibit unwanted sexual advances, gestures, or comments in the workplace, public spaces, or other settings where they can cause harm or create a hostile environment. It is important to be respectful and considerate of others and to avoid engaging in behavior that can be perceived as obscene or sexually suggestive.
Whether security guard can report inappropriate act. What if someone is caught making out in a car by a security guard in a parking lot and what if the guard noted the car number down, can he report it to the police and can the police take any action in that case?
If someone is caught engaging in inappropriate behavior, such as making out, in a car in a parking lot, the security guard may take note of the car's license plate number and report the incident to the police. Whether the police can take any action depends on the specific laws and regulations in the jurisdiction where the incident took place.
In some cases, the police may have the authority to take action if the behavior is considered a public nuisance or violates public decency laws. However, if the behavior took place in a private location, such as a parking lot, the police may not have the authority to take action unless there is evidence of a more serious crime, such as indecent exposure or lewd conduct.
It is important to note that the police can only take action if there is a legal basis for doing so, and the exact nature of any potential charges will depend on the specific facts and circumstances of the case.
Indecent or inappropriate act is an offence under the IPC
Indecent acts can be considered an offense under the Indian Penal Code (IPC). The exact definition of what constitutes an indecent act can vary depending on the jurisdiction, but it typically refers to behavior that is considered offensive or contrary to generally accepted moral or cultural standards.
Under the IPC, specific offenses that may be considered indecent acts include obscenity (Section 292), outraging the modesty of a woman (Section 354), and acts of homosexuality (Section 377), among others. The penalties for these offenses can range from fines to imprisonment.
It is important to note that the exact nature and severity of the offense will depend on the specific facts and circumstances of each case, and that the law can vary depending on the jurisdiction.
Sir how to withdraw a maintenance case after the case is disposed of? My Aunt doesn't want any maintenance so she wants to withdraw the case and file for mutual divorce since her husband has agreed to it.
To withdraw a maintenance case after it has been disposed of, your aunt will need to file an application for withdrawal in the court where the case was heard. She should also mention the reason for withdrawing the case, such as her agreement with her husband for a mutual divorce.
The court may then consider her request and either grant or deny the withdrawal. If she wants to get divorce by mutual consent she has to file a suit under Section 13B of the Hindu Marriage Act. She doesn't want alimony, therefore, she has the right to surrender the maintenance but only after the decision of the mutual consent divorce.
If she waives her right to maintenance at this stage, her husband may nor proceed in the mutual consent divorce or he may create hurdles. Therefore, she should not withdraw the maintenance until the pronouncement of decree in the divorce case.
At the second motion in the mutual divorce case, she should sign a compromise deed and waive her right to alimony. After pronouncement of decree of divorce, she should move a petition in the court, which has passed the order of maintenance, for the cancellation or modification of order.
If she is receiving maintenance under Section 125 of the code of criminal procedure (crpc), she should move an application under Section 127 crpc for the modification of order. In that application she can pray the court to cancel the order of maintenance in accordance with the decree of mutual consent divorce.
My mother in law is demanding money and filed a criminal case against me (daughter in law). My husband passed away two years ago. After a few days, my mother in law filed a case. The case was filed that we did not take care of my mother-in-law. So we agreed to give 4 lakhs as the witness of big men saying that her daughter will take care of her in the panchayat. We have agreed that we will give two lakhs now and give another two lakhs after our son gets a job. Getting the job will be a bit late but they are filing a case in the police station and demanding the remaining two lakhs, what should I do now? What case should I keep on them?
You have no source of income. Your son is also dependent upon you for his basic and essential needs. In this situation the demand of money from you (a destitute lady) is illegal.
In the prevailing circumstances a mother in law has no right to claim money from her destitute daughter in law. The criminal case, initiated by your mother in law, is fit for the quashing under Section 482 of the code of criminal procedure.
Before moving to High Court for quashing of the criminal case, you should move an application before the Family Dispute Redressal Centre, situated at the mediation centre of the family court for the settlement of the dispute.
Instead, you can also approach the SHO of Mahila Thana of your district for referring this matter to the mediation. If the mediator successfully reconciles the dispute the criminal case shall be closed.
If the mediation fails, then you should approach the High Court for quashing the case. You should take a plea that the accused (daughter in law) has no source of income and is also living in vagrancy, therefore, it is impossible to pay 2 lakh rupees to the complainant. The court, after satisfaction of the fact that the accused is innocent, may quash the criminal proceeding.
Brother is continuing construction in violation of family settlement. It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening.
I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I am in job, live in other city and only go home on occasions and to meet mother. How I can get my legitimate share and restrict my younger brother from carrying out construction so that neither shape and status of property be changed nor any third party interest created.
It is possible for you to seek legal remedies to protect your share of the property and prevent your brother from carrying out construction without a legally valid partition of the property. As you have mentioned that you are a co-sharer of the property, you have a legal right to your share of the property.
However, since the family settlement was unregistered, it may not be legally binding in a court of law but it proves that the parties were agreed on the terms and conditions mentioned in the settlement deed.
One option would be to file a suit for partition of the property and seek an injunction to prevent your brother from carrying out construction until the partition is legally completed. This would require you to prove that there is a valid family settlement agreement in place, and that your brother is acting in violation of that agreement.
Another option would be to file a suit for specific performance, asking the court to enforce the unregistered family settlement agreement and ordering your brother to follow the terms of the agreement and stop the construction.
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I am facing a departmental inquiry without furnishing a copy of the preliminary investigation report. No charge sheet was served upon me. The department is appointed an inquiry officer to conduct the departmental inquiry. Now the problem is that I have no information about the allegations. In this situation can I challenge the departmental inquiry?
It is possible to challenge a departmental inquiry if you believe that the inquiry is being conducted in an unfair or unjust manner, or if you have not been provided with a copy of the preliminary investigation report or a charge sheet.
In India, under the principles of natural justice, an accused person has the right to know the charges against them and to be given an opportunity to defend themselves. Therefore, it is important that you are provided with a copy of the preliminary investigation report and a charge sheet, so that you can understand the allegations against you and prepare a defense.
You can raise your objections to the departmental inquiry by writing to the inquiry officer or the concerned department, stating that you have not been provided with a copy of the preliminary investigation report or a charge sheet, and that you are unable to prepare a defense without this information.
It's important to note that, the departmental inquiry is a procedural matter, and it's best to consult with a lawyer for guidance on the specific details of your case and the best course of action. They can provide you with legal advice on the options available to you, and help you understand your rights and responsibilities under the principles of natural justice.
It is also possible to file a writ petition in the High Court challenging the departmental inquiry if you are not satisfied with the way the inquiry is being conducted.
What is evidentiary value of an unregistered agreement in India? My friend told me to purchase his land because he needs some money for the treatment of his wife. I was ready to purchase his land but not able to pay entire amount. Hence, we prepared an unregistered agreement. Thereupon I paid sixty lakh rupees to him. Now he is refusing to sell his land. Can I produce copy of unregistered agreement as an evidence?
An unregistered agreement in India does not have the same evidentiary value as a registered agreement. Under the Indian Registration Act, 1908, agreements related to immovable property must be registered in order to be considered valid and enforceable in a court of law. However, an unregistered agreement can be used as evidence of the existence of an agreement between the parties, and it can be used to prove the fact that an agreement was entered into.
In your case, since you have an unregistered agreement, you can produce a copy of it as evidence that an agreement was made between you and your friend, and that you paid a certain amount of money towards the purchase of the land. However, it may not be considered as a legally binding document, and it may not be enforceable in a court of law.
The evidentiary value of an unregistered agreement will depend on the specific circumstances of the case and the evidence that you are able to provide. The court will consider all the evidence presented, including the unregistered agreement, and make a decision based on the merits of the case.
An unregistered agreement is not considered as a valid contract between the parties, but it may be admissible as evidence in a court of law. If a dispute arises and the matter goes to court, an unregistered agreement may be considered as evidence to prove the terms of the agreement upon which both parties were agreed.
However, an unregistered agreement can be used as evidence of the existence of an agreement between the parties, and it can be used to prove the fact that an agreement was entered into. Additionally, an unregistered agreement can be used as evidence in a case where the parties are relying on the terms of the agreement in order to prove their respective cases.
It's important to note that an unregistered agreement, although not legally binding, could be considered as an evidence of the parties' intentions and negotiations, which could be used as a reference in case of a dispute.
