Civil Law

Agreement to install a mobile tower

May 30, 2021 |

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.

My neighbour is using my boundary wall illegally

Sep 20, 2020 |

My neighbour is using my boundary wall illegally and she has installed some fixtures therein. The boundary wall of my ground floor flat lies within the perimeter of my house and constructed by the company. The neighbour’s flat has been made by another company, later and without a separate boundary wall. (The flats are three stories high and about 16 years old).

I shifted into my flat 6 years ago before which, I had tenants. My neighbours have used my wall as a common wall ( which, it is not and they are aware), by fixing grills, metal gate, stormwater pipes, wires etc. the backside of their house is covered by a sheet which is fixed on my boundary wall and even my bathroom wall. They have lined up pots along the wall resulting in water damage and loosening of tiles I got fixed on my side.

The lady of the house is very loud, abusive, and has called the police about her l&ll floor tenants, though she is clearly in the wrong. Most people avoid her.

I am the widow of an Air Force officer and live with my aged mother. I am getting the wall plastered from their side to prevent further damage. How can I get all the fixtures they have put on my wall removed, without confrontation? I have mailed the SHO but have got no reply. Can I complain in the women’s cell?

Recovery of my security deposit from the landlord

Jun 10, 2020 |

Kindly Help Us Out. First, our owner made us shift house during this tough time and when we found the new home with and labour to shift with difficulties then she is denying to return our security amount fully [12,000 (security amount)- 570 (Electricity Bill) = 11,430/- final amount] and unnecessarily deducting 15 days rent and some other maintenance charges which are not part of the agreement even.

We tried to communicate with her but she is not cooperating. After that, I and my wife went to the Dwarka Sector-23 police station but they also even after the constable tried explaining her over the phone but she was not cooperating. We are already on salary cut, so please help us to get back our hard-earned money. Recovery of my security deposit from the landlord.

Online trading of alcoholic liquors in India

May 4, 2020 |

Sir, I want to build an online beer store with a simple business plan: Users will come to my website, choose the products they want to buy, opt for cash on delivery. As per the user’s delivery address, the nearest beer store would get a notification of the order details and the store would take the responsibility of delivering the order along with verifying the legal drinking age of the recipient at the time of delivery.

So the online platform won’t do anything except taking orders on behalf of a real beer store and passing the information to it and charge the store for some commission for its service. Now suppose this website will only serve Pune in the beginning. Would this whole thing be legal?

Bank obtained my call detail record without my permission

Dec 12, 2019 | ,

Bank obtained my call detail record without my permission. Can Credit Card Recovery department get CDR of any person? I want to know that any recovery agent can call the other person to recover the amount by using the call details. The mobile provider company provides such call detail record (CDR), and the agent got this by another source. Now we want to Know is it legal or not and what I file an FIR or Complaint to police.

I want to correct the name in Khatauni

Dec 12, 2019 |

Sir, I want to correct the name in Khatauni. The name of my father is Nasir Ahmed Khan, but only Nasir is written in the Khatauni. Therefore my father has not been getting the benefit of government schemes. How to get a correction in the land record? Asked from: Uttar...

The society has arbitrarily fined the tenant for a lawful act

Jul 13, 2019 |

I’m a tenant, and I think I’m being ripped off my money. The scenario is, the rented apartment had an AC, which is very old and did not cool properly. After raising multiple complaints and not getting any help from the owner or the broker, I bought my own AC. Now since my room does not have a place to keep the compressor, I figure I could keep it my flatmates balcony. Which worked, the only thing is the pipe had to go from the wall between our rooms. Since my lease says I can do any structural damage, I put the hose around the wall outside.

After two to three months the society office calls me and since that’s not allowed and I should either take it out or put a grill on the window. Again the grill would be a permanent change, and I didn’t want to spend money on it, I asked the broker to talk to the owner to pay for it (who rudely said no chance they are doing that).

After two weeks of being behind the broker, he says you don’t worry society office must’ve just warned they won’t take any action and will forget about it so don’t do anything. Moreover, so I didn’t. After another month the issue went out of hand, and they wanted it out. The broker got involved again (when I had informed him this would happen). He started telling me can you remove it or come up with any alternative. We did, and we decided to put braces, which I was going to pay for.

The owner doesn’t like this and wanted a grill only (which she doesn’t want to pay for). Thinking I being taken advantage of I said no, not happening either give me an AC or put the grill. The broker in an attempt to diffuse tension said he would pay for it. Then he calls me after a few days. He says there’s no point of him paying for the grill for the owner (which btw is exactly what he expected me to do earlier). He then says he will get the old AC repaired, which is ok with me.

He told the society office it would out in a week. He didn’t give me the repaired AC till two weeks later on a Wednesday. I then had decided to get the new AC out on Sunday on which day I get a message from the owner saying we have been fined 5000₹ for the pipe. The pipe was taken out that day.

I did my part of informing the broker and trying to get it sorted. I even was willing to pay for an alternative. I did not sign or see any document for the society where it says I can’t put a pipe on the wall. It did not cause any damage to the property. Now tell me is there any legal right for them to fine me the 5000₹.

Oh and the owner is the chairman of the society board who between does not like me, and I think all of this is a ruse. Can you please tell me if there is anything that I can do.

Judgment of supreme court has not been implemented yet

May 24, 2019 |

I retired from CWC, a Central Public Sector Unit; In pursuance of the Supreme Court Judgement dated 3-5-1990, employees drawing CDA Pattern pay Scales were to be switched over to IDA Pattern Pay Scales w.e.f. 1-1-1989 after calling for options.

In respect of certain Central Public Sector Units like CWC, FCI, Government of India, did not follow that direction arbitrarily. FCI Officers approached Supreme Court, and as a result, thereof the FCI were issued directives to allow such switching and call for options within six months.

Such a decision was taken after a Contempt of Court petition filed by FCI Officers.  Whereas CWC Officers did not approach Supreme Court; But it was incumbent upon CWC to have implemented the said directives of CWC; Had such an option been called for I could have opted for IDA pattern pay scales w.e.f. 1-1-1989; I took voluntary retirement from CWC on 31-3-1994;

I had approached CWC management to accept my option to switch over from CDA pattern pay scales to IDA pattern pay Scales w.e.f. 1-1-1989 and grant all arrears and consequential benefits therefrom.

When Hon’ble Supreme Court gave directives, can such facility of option be denied by the Department of Public Enterprises ARBITRARILY? When FCI extended such facility against a contempt of Court petition filed by FCI Officers, why DPE did not issue a circular extending similar benefits to the Officers of other CPSUs arbitrarily? The funny part is that both the CPSUs are under the Ministry of Food and Public Distribution.  Please clarify the position.

Terminated from the job because did not submit resignation letter

May 24, 2019 |

I worked for an MNC company as a Manager. Despite my good performances, my corrupt seniors 1st put me on the bench (no work) for an extended period as I refused to join their evil plans, denied me an assignment and then I was terminated as I refused to submit resignation/separation letter.

I have a number of proofs of my work appreciation, requesting for assignment etc. My seniors and other senior leaders, it has come to my knowledge through ex-colleagues and social media, were caught by the company for massive fraud/corruption and have since been released by the company but no criminal action initiated against them.

I am 48 yrs and owing to very bad termination, no one in the IT industry is employing me. For sure, I will be now jobless forever. I would like to file law-suit including for job loss for rest of life, wrongful termination, a number of lies made by ex-employer (proofs), wrong treatment, stigma, mental agony and sufferings.

I worked in Bengaluru  (company office) but I am a native of Haryana. as I am jobless for 1-1/2 yrs and zero hope of finding another job, I have no other option but to return to my native place, so can I file law-suit in Haryana?

I would like to file compensation worth Rs 1 crore. What fees do I have to deposit in advance in Bengaluru or Gurgaon?

Forfeiture of gratuity without held guilty

Mar 4, 2019 |

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 admitted by the superior officer.  Thereupon full gratuity is forfeited.

Gratuity is the self-earned income of the employee, so the government has no power to forfeit it without holding me guilty. Is there any provision that concerned authority can forfeit my gratuity without held me guilty?

Right to pension

Mar 4, 2019 |

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 is a clear violation of the right to a pension of the employee. Please advice.

Recovery of money given to a friend as loan

Feb 4, 2019 |

I was a student studying abroad in Belgium. In 2016, one of my colleague who was also staying in Belgium took around 1100 euros which correspond to Rs 88000 in today’s conversion rate. He promised to return in two months. However, soon after going back to India he disappeared, switched off his mobile phone, change his email account. I tried making several contacts but of no response. I called their parents, but they denied that his son has taken the money and now not responding to my calls. Its almost two years now but I cannot contact him.

I gave him a loan as cash on two instalments (500 euro each). I have proof of bank transaction. I have audio and email confirmations of money given and acknowledging about the same.

I am helpless and badly want to get my hard-earned money back. I belong to a middle-class family and saved money to support my studies abroad and family expenses. I feel cheated and seek legal help if any possible to recover the amount. Please help me if any lawyers can provide legal help/suggestions on this.

What to do when children causing nuisance in night

Jan 30, 2019 |

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 playtime 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

Sep 27, 2017 |

I purchased a plot in Saharanpur for the consideration of thirty-five lakh. The younger brother of the seller has filed a lawsuit for cancellation of the sale deed. I did not present in the court proceeding on some dates because I live in Mumbai. The civil court has passed an ex-parte order. I came to know about it from other sources. What is the remedy available against this decree?

It was your responsibility to present before the court. If you could not be able to appear on some dates, you were to move an adjournment application. The court does not pass an ex-parte decree without giving ample opportunity to the opposite party to present in the court proceeding. When the court finds that the defendant is deliberately remaining absent, the court is bound to pass an ex-parte decree in favour of the plaintiff.

Injunction against unnecessary disturbance causing by neighbour

Apr 7, 2017 |

Our neighbour is harassing us because he is saying 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 filed a complaint in Panchayat. But nothing has happened. Now when we have been building a boundary wall then he is harassing us. Don’t understand what to do. Please help me with your suggestion.