Civil Law

Recovery of pecuniary loss from pension

One Punjab Govt employee has criminal proceedings in the trial court. Now she died. Court abate proceedings. Can Recovery from Pension of pecuniary loss caused to Government be made even criminal proceedings abate. If the pension is claimed by Legal Heirs. What is fate? Can pecuniary loss cause to Government be recovered from Legal Heirs?

Tenant filed a false suit against landlord

My tenant has filed a false suit in civil court when I gave him the notice to vacate my shop. He has not been paying rent since march 2014 and on repeated request to vacate my premises he always took time. In November 2014 I sent him a notice to vacate my shop but he filed a civil suit immediately after receiving the notice.

There was an agreement of lease and license for 11 months tenure and it is included that after the expiry of tenure he shall be treated as a trespasser. I obtained his signature on the agreement. He took the plea that after the expiry of agreement landlord has been receiving rent every month. So tenancy is extended by his conduct.

But I have not received any rent after march 2014. I want to take back possession of the shop. What should I do?

Terminated my service arbitrarily during medical leave

Sir/Mam, Without setting up a medical board, I ( permanent govt employee) be terminated during medical leave by saying that You are not joining to the office (dies nun and not release my salary past 3 months) but regular medical certificate (issued by govt authority CGHS and govt Hospital and surgeon ) is sending in office by registered post and medical leave (146 days) and earned leave (152 days) is pending in my account? please help me, what to do?

Neighbour causing nuisance in my property

Respected Sir / Madam, I have s strange problem due to my neighbours as they keep hammering out our flat with a hammer and same has been done for the last 3 years. I have made NC to the local police station along with NC for the last 3 years I am also having Video record clearly showing the hammer outside my house and on various occasion, I got a recording with me.

Local Police of Borivali west is not able to take FIR not any action because the family has got some political pull with them. I have got various NC for past years and video recording with me on various occasion. also, my parents both are sr. citizen. 

I want to know any strong action is possible from Court order as the local police have no say in this as per them this is a small issue. My parents are really tired of this for the past few years. All this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire. Thanking you and Regards.

How much compensation would I get from MACT

I was a truck driver having a licence of the heavy vehicle from the transport office. I met an accident last year and my one leg and one hand are completely crushed. I was 28 years old at the date of the accident. I had been in the hospital for 15 months. I permanently disable to perform my job due to a 60% disability.

I filed a petition before MACT for compensation under section 166 of the Motor vehicle act and section 3/4 of Employee’s compensation act. My advocate claimed 35 lakh rupees as compensation but insurance company in its counterclaim said that only 2 lakh compensation should be made against the company.

Sir, I want to know how much compensation would I get from MACT, I have been filing ITR of rs 2 lakh income per annum for the last 2 years.

Recovery of money decreed in another suit

There are two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court.

Now I, the plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money?

Unreasonable delay in civil suit

Sir, I am working as inspector in police dept., in 2008 an old lady came with a complaint regarding some property dispute and status quo of the shop with her sons, I was in charge of the police post at that time, I went on the spot and to prevent a breach of peace I...

Execution of foreign judgment in India

There is an unique procedure for execution of foreign judgment in India. When a foreign court cannot execute its judgment or decree in India because it has no territorial jurisdiction. In this situation the decree holder shall file a fresh civil suit in India on the...

Recovery of loan from maternal grandfather

Hi Sir, My maternal grandfather has just expired. He had taken some money from us to pay his debts against some interest. Though he could partially pay back the money majority of the money is still not clear. I have three uncles (only one is married) and 5 aunties (all are married). My grandfather had 5 brothers.

Recently their family division has taken place and there’s a significant property in his name. My uncles are not ready to pay back the money. They are blackmailing us that they would pay back the money by transferring some property to us provided my mother signs with the family settlement. Apparently, there is no will signed by my grandfather. I just want to know that should we file a suit of partition and will that survive in the court.

Performance of contract

I have joined the affiliated non-govt. aided college as an assistant professor on the uncovered post (i.e. college has to pay) on the pay grade of 15600-39100 + AGP 6000 with agreement done on 01-08-2013. I have done my probation of 2 years with pay 21600 which was completed on 31-07-2015. I am still continuing the job.

But college doesn’t give the full grade pay as committed in the agreement. 1st month they pay 21600. Then I asked them to pay full grade pay as committed. but they told that they will pay only 50% D.A from the next month, which is not as per the agreement. so please recommend me what to do. should I move to the court or there is another option available. another non covered staff is getting full grade pay in the same college.

Part of house cannot be acquired under land acquisition act

Dear Sir In a land acquisition process I will lose my 15 decimal lands with some part of my home. A part of the house is acquired under the land acquisition act. What is the compensation calculated towards my home? Whether govt will pay full compensation of my home or partial part of my building?

widow mother’s share

What is the widow mother’s share in the property? I am a widow who has recently lost my only son due to cardiac arrest. My daughter in law is not ready to share the compensation provided by my son’s company (Approx. 45 lacs). I have no source of income. Both my daughters are married. I had sold some of the property bought by my late husband to purchase a flat in which my son & I was residing.

The flat is registered in my & my son’s name & it was bought before his marriage. My son did not have any children. My son’s wife is an engineer & is drawing a very good salary. Also, she will be remarrying. There is a Home Loan of 30 lacs which needs to be repaid. She is claiming a share in the flat too. Please advise what will be my share in my son’s settlement dues & also in the flat.

College certificate has lost

I passed my pg in June 2013. College certificate has lost. My degree certificate was sent by the university to my college by speed post in Jan 2014 but it was not delivered/received by the college. University gave details of dispatch as well as speed post tracking (but now not traceable). University says we’ve dispatched, now we can’t help.